Debts due to ex!!

[Doris01]

Hi .
Thank you for allowing me to join your forum.☺
Please can someone give me any advice. I had to leave family home due to over 20 years of domestic violence. Everything was in my name. I got a loan for a car in 2006 £10,000
Stopped paying it when I left. Now Capquest are saying I owe it now at just under 12,000. I have asked for statement of payments from both them and the original lender. All thet sent was a printed out piece of paper with dates amounts and debit card payment. They are saying I made payments in 2014 but cannot remember due to morphine I was taking. They say they bought the debt in 2009. But I cannot remember paying them. They say they cannot give me details ie name of the person who paid or what bank the direct debit was from. Can anyone suggest what I should do next. Thank you Doris

[nemesis45]

Re: Debts due to ex!!

Hi .
Thank you for allowing me to join your forum.☺
Please can someone give me any advice. I had to leave family home due to over 20 years of domestic violence. Everything was in my name. I got a loan for a car in 2006 £10,000
Stopped paying it when I left. Now Capquest are saying I owe it now at just under 12,000. I have asked for statement of payments from both them and the original lender. All thet sent was a printed out piece of paper with dates amounts and debit card payment. They are saying I made payments in 2014 but cannot remember due to morphine I was taking. They say they bought the debt in 2009. But I cannot remember paying them. They say they cannot give me details ie name of the person who paid or what bank the direct debit was from. Can anyone suggest what I should do next. Thank you Doris

Good morning, welcome to LB,
On what type of contract was the car acquired, HP, Loan e.t.c?

You need to send Capquest a CCA request to get copy of the agreement relevant to this account. There's a template in the " first steps" green box at the top of the " court claim" forum. You need to send a postal order for the £1 statutory fee, "mark it for statutory fee only".
It would be best to send a Subject Access Request under the provisions of the Data Protection Act 1998 for all the data the original creditor ( who was this) holds on you. Template in " green box".

Does this debt appear on your credit reference agency files? You can check online free with Noddle and Callcredit.

Does the statement show the date of the last payment and or show the date the account was defaulted?

nem

[Amethyst]

Re: Debts due to ex!!

Morning Doris xxx Welcome to the Forum. Well done for taking the huge step of getting out of the abusive relationship. Are there other debts remaining from that time that you still need to deal with ?

Firstly you should send a Subject Access Request (SAR) Letter to the original lender if possible, as this will get hold of far more detail of transactions, you should also send a CCA Request Letter to Capquest.

How far along are Capquest with claiming this debt - have they sent a formal letter of claim or started any court proceedings ?
When did you leave the family home and thus stop paying the loan ?
Did you leave the car behind ? and do you think it is a possibility that your ex continued with some of the payments after you left ( or is that laughable?)
Was the car for your use ? family car?
Do you recall the term of the loan ? ( started in 2006 for £10k ) Any sign of it at all on your credit file ?
The 2014 payments - are Capquest saying these are multiple payments or just a one off payment ?

Sorry that sounds a bit like an inquisition, just sussing out your overall position - the SAR and CCA request will help to begin with.

Sharon
xxx

Edit: Also as Nemesis suggest check your credit file and see if theres any sign of it on there. ( Nem - crossed posts while you edited lol )

[Doris01]

Re: Debts due to ex!!

Hi.
I stopped paying when I left as my job only paid 150 per week and I couldn't afford anything.
I contacted capquest they sent me just a printed out statement. which shows some payments from 2009 to 2014. There was the odd amount of £1 or £2 sporadically. Not mentioned court. They have been nice so far.
I have checked my credit file and the debt is not on there. the last communications from them was in 2014.
My ex told me to get a personal loan when I left I contacted the bank and they said nothing can be done ie repossess car. and because everything was in my name it was and is my problem. No he's not paid a penny although he tells everyone he paid everything off he hasn't.
He had to say something to make himself look like a good husband. No his car right from word go.He even charged his sons petrol money to take them to football !!
I'm not trying to get out of paying but when i'm on benefits & disability I need to think of my health instead of debts.
I have contacted some Debt Collectors who after been told the situation and my health they have closed the account although it will stay on my credit file for the 6 years which is not a problem.
I have contacted stepchange and they suggested bankruptcy but I don't want to go down that road.

[Amethyst]

Re: Debts due to ex!!

I'm just tagging [MENTION=48934]Debt Camel[/MENTION]; as she might have some thoughts on the overall situation. It's good to hear some of the collection agencies have taken your circumstances into account.

Have you discussed the situation with Capquest at all since they started chasing you?

So this was just a personal loan rather than Car Finance specifically - so the car is still with your Ex ?

I'd get this done anyway, as it will help further along

Firstly you should send a Subject Access Request (SAR) Letter to the original lender if possible, as this will get hold of far more detail of transactions, you should also send a CCA Request Letter to Capquest.

[Doris01]

Re: Debts due to ex!!

Hi. Will get those letters done and sent Monday. Thank you for advice. can I ask a question please . MMF have 3 accounts all with different companies but they have added them all together so now I have 1 account. I know it doesn't make much difference but its rather confusing. I asked why and all I got told was it is easier to sort instead of having to look up 3 different accounts. I explained that I'm not happy as it confusing. Are they allowed to do?

[Amethyst]

Re: Debts due to ex!!

MMF are a debt purchaser, usually of smaller debts like payday loans. Have they actually amalgamated them all into a single debt - or have they made it so you have one MMF 'account' with the three debts broken down within that ? Are you making any payments on the debts ?

When did you default on most of the debts ? You took out the original car loan in 2006, and then there were 'some' payments 2009 - 2014 - so do you think you defaulted on most things in 2009 ? and kept up varying token payments up to 2014 ? Just wondering how old some of these debts are and whether any might already have gone statute barred, or if you've kept them alive with token payments.

[Doris01]

Re: Debts due to ex!!

Hi yes they have amalgamated them all together. I paid what I could to MY bills but left the others. Yes it was silly of me,but at the time it was the last thing on my mind. A couple are SB & the companies have wrote saying they are statute barred. I have been in touch with stepchange so fingers crossed I can start sorting them out. Thank you for replys Dx