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Hi i have car finance with British Credit Trust, i have paid ove 1/3 of the finance but now they have passed it onto bayliffs who want to repossess the car, i have offered to pay the full amount off over three months but they want the full amount or the car. I know that i can pay this off in the next three months if they just accept this but they say no and will call at my address unanounced.

 

Any help please. If they get a court order who i receive a copy first or be able to attend the hearing if their is any???

 

 

help please

alexthekid

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If you've paid over a 1/3 then they must issue Return of Goods proceedings via the County Court. This will involve a hearing date and therefore you would be given notice as you may attend. At the hearing the Court would give you a chance to make payments by way of a Suspended Possession Order.

 

If you've paid more than 1/3 then any attempt to repossess the car would be a daft mistake for a finance company to make. They may be seeking to send an agent to persuade you to surrender the vehicle.

 

RM

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Hi,

if you havent received notice of county court proceedings I would make enquiries as to whether this is indeed a Bailiff firm or a DCA. "Some" car credit companies do tend to use DCAs, I would park your car away from your home until this is sorted out, if you park away from your home you may have the " Statute of Marlborough " in your favour.

Did they say which Bailiff Company it is? If you have the name it might be an idea to google them ;)

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Its unlikely to be a bailiff firm, or if it is they won't be acting as Bailiffs, simply as agents for the credit company. As such the Statute of Marlborough is irrelevant.

 

The key figure in agreements such as these where the car remains the property of the finance company until the end of the Agreement is the 1/3 of the total amount payable. Below this figure and with a Default Notice not complied with the finance company can simply turn up and repossess the vehicle, subject to it being on the road, not on your driveway etc etc.

 

Over 1/3 - they have to obtain a Return of Goods Order via the County Court. Once that has been obtained the correct procedure for them to use is to obtain a Warrant of Possession, and for a County Court Bailiff (not a Certificated Bailiff) to attend to execute said warrant. Normally the finance company will send an agent with the bailiff as it is done by appointment but it the bailiff who has the legal powers to, for example, seize the car from the driveway.

 

What some finance companies do is to send an agent to persuade you to surrender the vehicle, i.e. they sell it via auction and credit the proceeds - you get left with the bill for the shortfall. Alternatively they may obtain the Return of Goods Order via the courts and then send an agent with a copy of that in order to seek your surrender of the vehicle.

 

Hope that helps.

 

RM

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