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Help please car shortfall debt and writ of fi fa

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  • Help please car shortfall debt and writ of fi fa

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    I am hoping that someone out there may be able to help me with some information as i am new to this form however i hope that i am not the only one with this problem.

    In 2007 i decided to purchase a new car on finance having done this before and clearing previous finance agreements, Unfortunatley in 2009/2010 my job status changed and i was unable to pay for the car and had it re possesed by the manufactuer.

    The total amount i had paid was £10,000 ad the actual cars value including interest was £26000

    When the car was re possesed the finance company started contacting me about the shortfall even though they had sold my vehicle for £9000, they then started chasing me for a further £9800,00 plus costs and legal fees which it now stands at £15000,00 and £5.83 goes on this per day as agreed by the county court last year at.

    I was unable to attend a second county court hearing due to illness, and the judge granted Toyota a Writ Of Fi, Allowing them to instruct the sherrifs office to seize possesions at the house where i had signed the agreement, which at the time was my mothers.

    The baliffs turned up to my 67 year old mother demanding to remove goods from the house as they said that she had to prove they belonged to her and not me, the house is rented with the local council and is not in my name.

    At this point i was already in a debt management plan with compass, who assured me that they would resolve this and have the writ of fi over turned and that the creditor would have to accept payment.

    My debt management people offered toyota £30.00 a month off the debt until i am i better financial status, and a court hearing was set today to have the writ of fi over turned and the finance company to accept my part payments.

    I have attended court today only to find that the writ of fi wasnt over turned, the creditor refuses to take any part payment and requires the £15000,00 which i dont have, and the judge states that my mother will have to get a form of imperno documentation to state all goods in that house have nothing to do with me.

    I do have a mortgage on a property and today it was muted that the address are in correct and they may look at putting a first charge on my home, however i am behind with my mortagages payments, and the whole things a complete mess, and my debt managment company, nor solicitors can help me,

    I have been told that i am back up in a corner and cant do anything, this is absolutley ridiculous over a car that they have had their money for and they are chasing me for interest and solicitors fees, how am i supposed to get straight when i am paying all my creditors what i can at the moment, yet toyota will not accept any part payment

    If anyone can help, please let me know as its making me seriously ill and my family are living in fear of baliffs again.

    I have contacted Toyota today who put me onto their solicitors and we made an offer of £100.00 per month off the debt on the provisions that the interest of £180 per month stops as its impossible for us to clear, the response i receved was " we will put it to our client and write to you if they accept" doesnt leave me with much hope and i want to get thething put to bed and sorted
    Tags: None

  • #2
    Re: Help please car shortfall debt and writ of fi fa

    am gonna bump this up the threads by responding because am not sure on Scottish Law but there are hardship issues potentially with the mortgage.
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #3
      Re: Help please car shortfall debt and writ of fi fa

      I am based in England, any help would be greatly appreciated

      Comment


      • #4
        Re: Help please car shortfall debt and writ of fi fa

        The use of the term "sherrifs office" is the reason I said Scottish law because a sherrifs court as far as I am aware only sits in Scotland.
        Anyway, is the house you have the mortgage on rented or left idle?
        "Family means that no one gets forgotten or left behind"
        (quote from David Ogden Stiers)

        Comment


        • #5
          Re: Help please car shortfall debt and writ of fi fa

          Its left idle at the moment as we purchased it as a repossesion and it was in a bad state of repair, and we have been doing work on the house and have not been able to live in it as of yet

          Comment

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