Dear all,

Hoping for some advice here regarding a car finance that fell into arrears and a subsequent court summons (will try and be brief)

In short i fell into arrears for a few months, issued default then termination notice even though i constantly was in written touch with creditor offering to increase my monthly payments above the contractual rate as a means to settle the arrears. I received no acknowledgement of this apart from a request to call them to discuss.

I did receive note to return the vehicle and even a visit by a debt collector on the finance companys request, but as i have paid over half i reminded them that a court order was necessary

Next thing court papers are received from HL Solicitors on behalf of the finance company instructing return of goods or payment of the full amount outstanding. Within this were none of the appropriate forms allowing me to reply and no ‘evidence’ of my previous correspondence requesting an revised and increased monthly payment

Again, i contacted the solicitors advising them of this and again nothing until a day before the court case i receive a phone call advising me to simply make a monthly offer at the hearing (very odd as i always planned to do this)

Day of the hearing i attend court and converse with an ‘agent’ from HL Solicitors who tell me that his client will be seeking a suspended return of goods order and a monthly payment of £271. I had offered £250 previously so found it very bizarre that a court appearance was still necessary.

I am of the opinion that this was merely a money making opportunity as the judge appeared to suggest i would be liable for £300 in costs which is somewhat absurd as i had from the outset attempted to resolve this outside of court

Fast forward one month and i have not heard anything from the court and have only had 2 phone calls from HL Solicitors which i did not answer but presumably chasing payment as October 1st was the agreed payment date

Therefore, can anyone advise how best to play this please? To be honest i am really annoyed with the finance companies for pressing ahead with court action when i have attempted to resolves this amicably. I appreciate the arrears is my fault but i had lost my job so unfortunately the car was not my main concernI do intend on paying of course and do not wish to incur any comeback from not replying.

However, given i have been provided with nothing to reply to and neither company were willing to be understanding, how best should i proceed? Just wait?

Hoping for some advice here regarding a suspended return of goods order i have been given by county court in relation to my now terminate car finance agreement

Brief background is that i feel into arrears with the finance company by 3 months and offered a repayment plan based on an increased monthly payment to settle the arrears and continue with the contract.

This was not entertained and the next thing i know i received notice of a court hearing from a company called HL Solicitors who i presume the finance company sold the debt to.

Again, i sent letters reiterating my proposal which were ignored.

I turned up for the hearing and the ‘agent’ from HL outlined they would be willing to accept a monthly payment at only £10 p/m more than what i initially offered the finance company!

I queried why court was necessary to receive the reply that it was under the instruction of their client.

Judge agreed with the proposal but outlined that i would be liable for £360 costs!

(is this something i can contest given that i offered a settlement similar from the outset?)

Now, following the hearing on September 19th i had heard nothing from the court even though i believe it was agreed my first payment would be 1st October 2013.

I had a couple of missed calls from the claimant but chose not to entertain telephone dialogue with them

This weekend i have now received a letter from the court confirming the situation and the agreed payment on the 1st of the month,

However, this letter is backdated to September and i have not paid the October installment so i am somewhat concerned.

I have retained the envelope however that thankfully is dated so intend relying on this if necessary.

To further compound my worries however, the car has developed faults that require fixing in order to ensure it remains roadworthy.

This severely limits my disposable income and also my ability to pay this months instalment As a result, if anyone has any advice on the best course of action with this situation please it would be much appreciated.

I need to retain the vehicle for another 6-8 months until a CCJ falls off my credit record next year so intend on paying whatever is outstanding in arrears and handing the vehicle back.

I have previously posted on this issue so apologies for any possible duplication, but there has been a sudden change in the whole situation that i would really really appreciate some clarity on. I have tried to be brief even though i could write a whole essay on this!Bit of background –

Fell into arrears with my HP agreement, default issued and offer of repayment plan made by myself which was seemingly rejected, then court proceedings launched by the creditor which result in a Suspended Return of Goods OrderAs an aside, i had offered a revised monthly payment of £251 in the very first instance some months before court action commenced and the resulting order was for £271 per month.

This makes me wonder why court action was ever necessary, particular as i have been hit with £360 in court costs and i am guessing landed with a CCJ?Also, prior to court action a 3rd party had attended my house in attempt to recover my vehicle, i was not in at the time but the agent left an unenveloped note disclosing the purpose of the failed visit. This was seen by my housemates so much embarrassment followed.

I also wonder why this was undertaken given i have paid over half of the agreement so a court order is necessary for vehicle collectionI have raised a complaint to Omsbudsman primarily concerning these issues and the underhand and negligent tactics applied by the finance companyTherefore, imagine my suprise when this morning i receive an answerphone message from an agent saying he was calling on behalf of the finance company to arrange collection of my vehicle!

Given that a court order has been obtained and i have paid the first agreed instalment and i have previously outlined my dissatisfaction with the previous attempted recovery and their general practices, how on earth can they do this? Particularly as on previous correspondence, i reminded them that they have no formal right to attend my property and as such any breach of this will be considered trespassing I did in fact call the agent and outlined the whole situation to him, he stated that he had no knowledge of this and had merely been instructed by the finance company to proceed.

He confirmed that he would now go back to the finance company Please can anyone advise what i can do as i am so shocked by this latest turn of events?

As there has been a court order, it would be the job of a court bailiff to collect the vehicle - and that would only happen if you didn't pay the instalments ordered by the court. You should ring the court and ask them if they know anything about this ?

For info, some HCEOs are undertaking this work now also.

Hey there, thanks for the info.