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who does my partner have to see about a debt with a finance…

Customer Question
who does my partner have...
who does my partner have to see about a debt with a finance company?This was for a car he had on finance before he went away and even though the car was given back they have named themselves on the land registry of his house.They have also from what i can gather still been adding interest to the cost this meaning that even if i was to sell the property thier will be no equity for either my partner or myself and we would still owe them money what can he do?
Submitted: 8 years ago.Category: UK Law
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Answered in 2 minutes by:
6/15/2010
Solicitor: Thomas, Lawyer replied 8 years ago
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,724
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi,

 

Does the debt relate to an agreement in his sole name, or your joint names?

 

Tom

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Customer reply replied 8 years ago
it is in just his name
Solicitor: Thomas, Lawyer replied 8 years ago

Hi,

 

The house, is it in your joint names?

 

Info request only, please do not click accept.

 

Tom

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Customer reply replied 8 years ago

no,unfortunatly,he has been trying to get advice as to what to do but hasnt realy recieved any advice

Solicitor: Thomas, Lawyer replied 8 years ago

Right. Unfortunately, they are at liberty to register as a charge against his property for any money he owes to them, and also to charge interest on the sum owed.

 

There is, I'm afraid, a limited amount he can do. It may be worth checking that the agreement itself is executed properly executed and enforceable by getting a copy of the original agreement and taking it to a solicitor to make sure.

 

You can find solicitors through the Law Society's search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

If enforceable then unless you offer them a sum of money by way of settlement in consideration for their removing the charge against the house then it's a stalemate. I'm very sorry.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

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Customer reply replied 8 years ago
The original amount was 32,000 he paid a deposit of almost 8 and the car got 18,500 at auction,are they allowed to charge interest on this even though i kept in full contact with them from the day he was arrested keeping them informed of everything that was happening.i have the agreement with me
Solicitor: Thomas, Lawyer replied 8 years ago

Yes, sorry but if judgement is obtained at Court on a sum of money owed then they are permitted to charge interest on it.

 

Where late payment interest has been claimed on the claim form OR when a claim for contractual interest has been included in the claim form and the company bringing proceedings would otherwise have been able to claim late payment interest then they can claim further interest at 8% until enforcement

 

If you are minded to check the enforceability of the agreement with a solicitor then you can also ask them to check the interest accruing at the same time.

 

Sorry it could not be better news.

 

Kind regards,

 

Tom

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