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Judgment for delivery of goods


bartonski
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Hi, Ive read most of these threads but unfortunately cannot find anyone who had a similar situation to me.

 

I missed payments, from October 2013, made a few smaller payments since but got back on my feet financially a few weeks ago. I made a payment of £300 and asked if i could arrange a payment plan to pay off the arrears this year. They agreed and sent me an email detailing the payment plan, but said i would need to provide proof of income before the court date of 16th June. Unfortunately i missed that date, when phoning up to make a payment yesterday i was told it was too late and that they had received a Judgment for delivery of goods and that it was irreversible. Its so so frustrating that now i have the funds to pay the arears and begin paying the monthly installments its all too late and because i stupidly forgot to send of my bank statements ive landed myself without a car and a hell of alot of debt.

Ive been told i need to either request an appeal, pay the balance or lose the car.

Does anyone have any experience in making an appeal, contacting the judge or courts or actually geting this judgment halted? Many thanks

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you will need to apply on form N244---- How to apply for a time order after court action

 

If you have been sent a return order, you can still apply for a time order to be made using an N244 form. You can get an N244 form on the Justice website www.justice.gov.uk.

Filling in the form

 

Information:

 

fees

 

There is a fee to pay when you apply for a time order. Depending on your circumstances, you may not have to pay it.

See Do I have to pay a court fee? at the end of this fact sheet or contact us for advice.

 

In Part 3 of the form you should state that you are asking the court:

 

  • to grant a suspended return order under section 135 of the Consumer Credit Act 1974, or a time order under section 129 of the Consumer Credit Act 1974;

 

  • to freeze interest and charges under section 136 of the Consumer Credit Act 1974;

 

  • to consider the reasons why you cannot afford to pay the contractual instalment; and

 

  • to transfer the case to your local court, if appropriate.

In the box for information in Part 10, state:

 

  • your offer of payment;

 

  • that you are attaching a copy of your budget;

 

  • a statement of your personal circumstances;

 

  • an explanation why you got behind with your payments;

 

  • your request for the case to be transferred to your local court, if necessary;

 

  • an explanation of why it is not possible for you to get to the other court, if appropriate;

 

  • that you are attaching a copy of your N9C; and

 

  • any information that will help to explain why it is right for the court to agree to your request.

Use Your budget to work out what payments you can afford to offer. Make sure that you attach a copy of your budget to the N244 form.

Send your N244 and your N9C to the court. Keep a copy of all the forms that you send to the court. Send a copy of your N244, your N9C and any additional paperwork with a covering letter to your creditor.

There will be a hearing, where the creditor can object to the time order being made. The District Judge will decide whether to make a time order in your case.

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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