hi please can anybody see if this applys to me

i had a car loan from park motor finance

paid my fiance for 3 years of a 48 months contract

got made redundant

i got the default notice after 2 payments were missed

i got a letter saying that they were taking me to court if i didn't repay what i owed

then got another letter a week later saying if i don`t contact them it was going to court to take repression of the car,

i rang park that told me i ever give it up or go to court as i could not repay at that time

i let them take it

fast forward 5 years Mortimer Clark are now chasing me.

Retaking of protected hire-purchase etc. goods.

(1)At any time when—

(a)the debtor is in breach of a regulated hire-purchase or a regulated conditional sale agreement relating to goods, and

(b)the debtor has paid to the creditor one-third or more of the total price of the goods, and

©the property in the goods remains in the creditor,

the creditor is not entitled to recover possession of the goods from the debtor except on an order of the court.

(2)Where under a hire-purchase or conditional sale agreement the creditor is required to carry out any installation and the agreement specifies, as part of the total price, the amount to be paid in respect of the installation (the “installation charge ”) the reference in subsection (1)(b) to one-third of the total price shall be construed as a reference to the aggregate of the installation charge and one-third of the remainder of the total price.

(3)In a case where—

(a)subsection (1)(a) is satisfied, but not subsection (1)(b), and

(b)subsection (1)(b) was satisfied on a previous occasion in relation to an earlier agreement, being a regulated hire-purchase or regulated conditional sale agreement, between the same parties, and relating to any of the goods comprised in the later agreement (whether or not other goods were also included),

subsection (1) shall apply to the later agreement with the omission of paragraph (b).

(4)If the later agreement is a modifying agreement, subsection (3) shall apply with the substitution, for the second reference to the later agreement, of a reference to the modifying agreement.

(5)Subsection (1) shall not apply, or shall cease to apply, to an agreement if the debtor has terminated, or terminates, the agreement.

(6)Where subsection (1) applies to an agreement at the death of the debtor, it shall continue to apply (in relation to the possessor of the goods) until the grant of probate or administration, or (in Scotland) confirmation (on which the personal representative would fall to be treated as the debtor).

(7)Goods falling within this section are in this Act referred to as “protected goods ”.

thanks donald

unlawful repo

go get all you moneyback

they needed a court order

they didn't get one.

dx

thank that what i thought,but how do i put off Mortimer just got the first letter to contact them on the outstanding balance and have 14 day to reply, have phoned them told them i was going to defend there claim

what claim?

you should never ever phone a DCA or their fake/tame solicitors

they ARE NOT BAILIFFS

and have NO SUCH LEGAL POWERS

as for any time limits

they can be ignored.

dx