Welcome

[Elkapitan147]

Hello everyone...

I am happy to have been accepted and looking forward to future exchanges of thoughts and ideas...

The initial reason for applying for connection was to obtain an answer to a particular question.

"My 2 year old Ford Focus has just been ordered to be returned by a judge as a result of a default on an HP agreement." The original loan was actioned with Ford Credit Europe, who subsequently sold the debt to an outsourcing company who then went to court to recover the vehicle, completely disinterested in any and every offer of repayment/settlement I offered?

The courts ruling states that I must return the car in line with the agreement I made with the outsourcing company by way or regular payments etc, which of course I did not. My agreement6 was with Ford Credit Europe. My logic tells me that an agreement between two parties - HP or otherwise - cannot be transferred without the written consent of all parties connected? I accept that the loan was sold on and was quite legal, but then it becomes a matter of discussion regarding the amount, surely?

Have I any recourse on this matter given that I have made so many offers of settlement and have presented the court with adequate information, which includes my partners continued need for her work and my continued and regular access to GP's and Hospitals, which are necessary to help me combat Ischemic Heart Disease?

The Ford Credit Debt was probaly 5 times higher than what they sold it for, but this has made no difference to anyone.

I thank you for your ideas and support and will gladly offer advice by way of return... Matters of a financial nature and eCommerce are current in my life at this time.

Mike

[teaboy2]

Re: Welcome

Hi, welocme to legal beagles

Am not sure i follow what you actually mean by the judgement. "The courts ruling states that I must return the car in line with the agreement I made with the outsourcing company by way or regular payments etc,". Is that judge saying you have to return the car, or ordering you continue making regular payments, or in fact both?

Once a debt had been sold, you are still legally bound to continue with your part of the agreement. So am sorry to say but if you have been ordered to return the car, then its now probably to late for us to be able to do anything that may help you.

Though depending on your answers to the below questions, then we may well be able to do something.

1 - Did you goto court in person on the day?
2 - Did you receive a POC or only learn of the judgement without knowing anything about legal proceedings being issued?
3 - If you did goto court, what was your defence?
4 - What was in the particulars of claim?
5 - What date was the court hearing/judgement?

Others may well add to the questions above and we may have more questions depending on what your answer are too.

[labman]

Re: Welcome

I agree with Teaboy. If the car was assigned in Absolute to a new owner of the agreement, they effectively became Ford as far as you're concerned.

Can I also ask, when you made your offers of repayment, were they backed up by anything - for example an Income and Expenditure form, a CFS from CAB or similar?

Can I also ask who was the company to whom the debt was assigned?