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URGENT- HAS ANYONE ANY ADVICE PLEASE
Long story but here goes. 2 years ago the balloon payment was due on my wife's car. At the time, I used to act as Taxi to my dad and his new wife as they didn't drive. Dad offered to loan me the money- just saying we could repay him when I had the money but reiterated there was no rush. Unfortunately I then had a row with his new wife a few months later- he took her side and we haven't spoken since. Last week, completely out of the blue, an enforcement officer called to take possession of 2 cars that me and my wife are registered keepers of- but not legal owners. For insurance purposes my wife is registered keeper of the car I drive and vice versa.
My mother in law is the legal owner of the car I drive ( which was my wife's) since last year. My wife got herself into some debt and her mother gave her the money to repay her debts on the proviso that she took possession of her car. My mother in law has allowed us to continue to use the car as long as we maintain its upkeep but the minute it is sold, she gets the proceeds.
The car my wife drives, has me as the registered keeper but is actually owned by her father who is currently living in Spain. He let her use this car until he returns sometime next year when he will want the car back.
I have several questions here.
The original sum borrowed was £14000. The enforcement officer produced a document stating we now owed £19700. This was a huge shock as we have not received any communication from any solicitors or court over this matter.
How has this happened without our knowledge?
Can we contest these fees in anyway?
Can the enforcement officer take the cars when we don't own them?
I told the enforcement officer to stay where he was and I went straight up to my fathers to confront him. He then showed me several letters from the solicitors allegedly sent to me. I then phoned my wife and got the enforcement officer to come up to my fathers house. The enforcement officer then said the only way to avoid having the cars taken was to make arrangements to pay and for my dad to pay the solicitors fees and call the solicitor and tell them of the arrangement. At this time his wife said- 'where are we going to find £2000 worth of fees' and my dad said- 'I've got some in my Halifax and some in my Barclays account'. She really didn't want to agree to the terms but my dad did. We were also forced to agree to pay the loan back at £350 per month- which is more than we can realistically afford but felt I had no option but to agree to at the time. The enforcement officer said we had one month to make our first installment ie by 22nd May and he would contact their solicitors on their behalf.
A couple of days later I received a call from my dad saying that we now had to pay their solicitors fees otherwise his wife would continue with enforcement action. It was obvious that he was been made to do this by his wife. I phoned the sheriffs office up and asked whether they could demand this after the agreement that had already been made. They told me they did not have any notes on file with regards to the agreement made in front of their officer and told me to put everything in writing which I did.
I then got an email back saying we had to pay the first installment by tomorrow 02/05/14 to show good cause and would contact the solicitors for agreement of the repayment proposal. I also asked whether interest could be frozen to avoid any further debt.
I then received a text message from my dad's wife saying that they have instructed their solicitor to accept the £350 a month on the proviso that the car I drive is sold within 6 weeks and they are refusing to stop interest.
I know none of this is dad's doing. He is just too weak to stand up to her. All she has ever wanted to do is break his family apart and she has succeeded but what can I do about all this? I don't have the money to make this installment by tomorrow. I did offer to pay £50 with the rest when I get paid by email. I received an automated reply from the sheriffs office- but they didn't respond.
Please help- All advice welcome
Long story but here goes. 2 years ago the balloon payment was due on my wife's car. At the time, I used to act as Taxi to my dad and his new wife as they didn't drive. Dad offered to loan me the money- just saying we could repay him when I had the money but reiterated there was no rush. Unfortunately I then had a row with his new wife a few months later- he took her side and we haven't spoken since. Last week, completely out of the blue, an enforcement officer called to take possession of 2 cars that me and my wife are registered keepers of- but not legal owners. For insurance purposes my wife is registered keeper of the car I drive and vice versa.
My mother in law is the legal owner of the car I drive ( which was my wife's) since last year. My wife got herself into some debt and her mother gave her the money to repay her debts on the proviso that she took possession of her car. My mother in law has allowed us to continue to use the car as long as we maintain its upkeep but the minute it is sold, she gets the proceeds.
The car my wife drives, has me as the registered keeper but is actually owned by her father who is currently living in Spain. He let her use this car until he returns sometime next year when he will want the car back.
I have several questions here.
The original sum borrowed was £14000. The enforcement officer produced a document stating we now owed £19700. This was a huge shock as we have not received any communication from any solicitors or court over this matter.
How has this happened without our knowledge?
Can we contest these fees in anyway?
Can the enforcement officer take the cars when we don't own them?
I told the enforcement officer to stay where he was and I went straight up to my fathers to confront him. He then showed me several letters from the solicitors allegedly sent to me. I then phoned my wife and got the enforcement officer to come up to my fathers house. The enforcement officer then said the only way to avoid having the cars taken was to make arrangements to pay and for my dad to pay the solicitors fees and call the solicitor and tell them of the arrangement. At this time his wife said- 'where are we going to find £2000 worth of fees' and my dad said- 'I've got some in my Halifax and some in my Barclays account'. She really didn't want to agree to the terms but my dad did. We were also forced to agree to pay the loan back at £350 per month- which is more than we can realistically afford but felt I had no option but to agree to at the time. The enforcement officer said we had one month to make our first installment ie by 22nd May and he would contact their solicitors on their behalf.
A couple of days later I received a call from my dad saying that we now had to pay their solicitors fees otherwise his wife would continue with enforcement action. It was obvious that he was been made to do this by his wife. I phoned the sheriffs office up and asked whether they could demand this after the agreement that had already been made. They told me they did not have any notes on file with regards to the agreement made in front of their officer and told me to put everything in writing which I did.
I then got an email back saying we had to pay the first installment by tomorrow 02/05/14 to show good cause and would contact the solicitors for agreement of the repayment proposal. I also asked whether interest could be frozen to avoid any further debt.
I then received a text message from my dad's wife saying that they have instructed their solicitor to accept the £350 a month on the proviso that the car I drive is sold within 6 weeks and they are refusing to stop interest.
I know none of this is dad's doing. He is just too weak to stand up to her. All she has ever wanted to do is break his family apart and she has succeeded but what can I do about all this? I don't have the money to make this installment by tomorrow. I did offer to pay £50 with the rest when I get paid by email. I received an automated reply from the sheriffs office- but they didn't respond.
Please help- All advice welcome
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