cashed cheque - need help

[jjandbump]

I am hoping someone can help me,

I am in arrears with car HP, we have had person after peron make arrangements to pay and then they we get approched by others.

I wrote to the bank of scotland saying that we want to sort this out, as agreed with thier agent (doorstep) we would pay the normal amount every month £160.00 and also an additional £100.00. So £260.00 a month.

In june we had some money troubles they credited some chages, this covered the normal £160.00. So on the 08th August i sent a letter saying we are disapointed that they had been so inconsistant and we didmt know bank draft for £360.00 saying that this was for the monies as detailed, £160.00 payment, July and augusts £100.00 payments and the august payment of 160.00.

So we are upto date.

I wrote in the letter the cashing of this cheque confirms your acceptance of us carrying on for 5 months like this until we are clear of arrears.

They have cashed the cheque but we are now told by them this is tough and they want all the arrears cleared they have insurtuced a company to recover the car.

We have paid 3/4 of the money under the agreement and know they cant just come and take the car needs to go to court. But would the letter i sent. (which i have a copy of - and it was sent recorded delivery and cashed) mean nothing.

It does say that "we will take your cashing of this cheque as confirmation that you agree to the above".

Help and advise would be appreciated

[raydetinu]

They need a court order to reposses, so keep paying and fight your corner in court, as you have nearly completed the payments Judge etc will be sympathetic and may agree to revised payments.

[Conniff]

If they take your car back now, they will have to return every penny you have paid them unless as Ray says, they get a court order.

If you have paid a third of the total price of the goods under a HP agreement then the creditor cannot take the goods back without first getting a court order. Even if they apply for a court order you can ask the court to suspend the "Return Order" and accept your offer to pay the outstanding amounts by instalments.
If you agree that they can have the goods back they will not need a court order. If you do not agree and the creditor has not got a court order, but takes the goods back anyway you can sue the creditor and claim back all the money you have paid under the agreement. The creditor cannot enter your premises to repossess the goods without your permission or without a court order.