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 bought a car on hire purchase car finance in 2000. After losing my job in 2001 I fell behind with the repayments. The company took me to court and I received a court income/expenditure form which showed I could afford £175 per month (original agreement was £218).
I got a reply saying the company wouldn't accept this because of the arrears and a court date was fixed for me to appear. The thought of going to court terrified me and I panicked, phoned the company and offered to pay £275 monthly.
I couldn't afford this, and still can't, which has resulted in the payments being somewhat erractic. Normally I pay the 275 every 2 months but have occasionally paid £350. The outstanding balance is now £2899, including charges, down from £12000.
The question is how do I find out if they got a judgement against me, they said they were still going for this. I never heard anything from the court and it's not on my credit file.
Can they still came and take the car? I keep imagining walking down to the carpark one morning and the car not being there.
If they got a judgement against you and you didn't know about it, you can have it set aside. This is actually quite straight forward and I've been told by a Sheriff before that in practice, they almost always grant an an application to have a case set aside (technically called a 'Minute Of Recall), if there is any question that the defender wasn't aware of it. HOWEVER, if they can prove that they sent you a copy of the original decree, then you're probably screwed.
Natalie is probably right when she says they can't just take the car, but on the other hand, if they can show that you haven't honoured your end of the deal they might be able to. You should contact your local Citizens Advice Beurau for guidance.
You should absolutely go back and do a DPA request on the lender to see how much you've been charged, because you'll need to deduct this plus interest from the final bill.
Good luck, and don't forget to keep us updated.
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
Hi
I have a similar problem, I purchased a car on finance, the company went bust. Part of the agreement was that after I had paid 50% of the repayments I could return the car and owe nothing. When I requested to do this I was told that I still had "insurances" to pay. i.e. ppp. I have my car serviced reqularly and mentioned this to my mechanic, who believed the company could not do this, the outstanding amount on the "insurances" is about £2,000. The contract is due to finish in November this year and of course, my car isn't worth anywhere near what I have paid for it! Any suggestions???
car finance
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