Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
i have received a letter of British Credit Trust advising me that they have terminated my HP agreement ( i am in 3months arrears) and that they are the legal owners of the vehicle and they demand its immediate return.
If i do not contact them to make satisfactory arrangement to returnj the vehicle, they will repossess it - i will be liable for the costs.
i am still fully liable for the arrears on the account which in this letter states £679.12.
I have also been charged £75 for the letter.
Im confused as what do to now - i have paid over 1/2 of the agreement - do i just phone them and let them get the car back or do i wait for them to get a court order?
Also, do i still pay the arrears and will they expect it all at once - clearly i cant afford 679 quid (i would of paid the finance if i could!)
Hi, if you have paid more than 1/3 of the agreement they will need to get a court order to repossess the car. They may work on the assumption you do not know your rights and threaten to send someone to repossess.
Are you in a position to make payments going forward? if so, an you pay a little extra each month towards the arrears?
i cant afford to make any payments right now - until the end of the month at least when i get paid. im worried about the court fees etc and i certainly dont want to be going to court
i could pay a little extra each month until the arrears are cleared but the have 'terminated my agreement'
Best advice is to send them a letter offering to pay extra commencing at the end of this month. If you need help with the letter please let me know and I'll happily draft one for you.
If they do proceed to court, the judge will allow you to keep the car as long as you can show you are able to make payments + an amount towards the arrears.
can i do this even though they have terminated the agreement....
id rather let them have the car back than me have to go to court.
and how about the arrears on the account now? how will i have to pay them if they take the car back.
thanks for your help
If they take the car back they will sell it at auction and you will be liable for the difference between what they sell it for and the outstanding balance + the arrears.
If you are able to keep making payments going forward then you may be able to get them to agree not to take court action.
ok - i will write to them and see what they say.
so they sell it at auction and im liable for the outstanding balance - i thought i could give it back and be liable for nothing as i have paid over half of the agreement.
It's certainly worth a shot. You should point out to them that as you have paid more than a third of the agreement they need a court order to get the car back and you will defend any court claim. If you need help drafting the letter, let me know.
Even if they do proceed with a court claim - you don't attend court - you jyst fill in defence forms making your offer of payment and post to the court.
I am writing with regard to the above account and with reference to the arrears which have unfortunately arisen due to my experiencing a reduction in finances over the last few months.
My situation has now improved and I am able to recommence normal monthly payments together with £xxx per month towards the arrears - the first of these payments will be made on 31st March and monthly thereafter.
Having taken advice I am aware that, as I have paid one half of the agreement, you are required to apply for a court order to repossess the vehicle. However, I trust that you will be able to accept my offer of payment and thus avoid the need for court action which would be vigorously defended.
I look forward to your positive response.
Yours faithfully,
XXXX
Remember to send by recorded delivery and keep a copy of the letter. Also keep safe the postal receipt - you can then check on the royalmail website a few days after posting to print off the signature receipt which you should staple to your copy of the letter in case you need to prove they received it.
ok - so i sent the letter yesterday and have had a few phone calls which i have ignored from them today - with voicemails asking to return their calls to discuss my letter - what do i do?? do i return the calls or not?
British Credit Trust - car repossession
it - i will be liable for the costs.
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Originally Posted by travelboi
