Blackhorse car finance Help!!

[pascha]

Hi there. My partner bought a Ford Focus last Feb for 4000 i think. He got the finance through Black horse. We hit financial trouble last year and came to an agreement with Black horse to reduce the monthly payments from 133.12pcm to 80.00 via a payment book. They gave no time limit to this agreement.

Then January 09 he got a letter from solicitors, he rang black horse who said the agreement was only temporary. He explained he was still not in a position to up the payments just yet. The girl said she would ring back this month to review with him and take it from there. Today he had a phone call from another person saying that they want him to go to a meeting with them tomorrow to discuss his payments.

 

CAn you help with this?

my understanding was theyt have to take you to court first to assess your repayments before taking the car. He is paying all he can afford at the moment. He missed one payment last year but caught up with that and then made this agreement which he has not faulted on.

 

Any advice?

 

Thanks

[Markiemark1]

Presuming that the finance agreement is Conditional Sale or Hire Purchase, then if the total amount paid is less than 1/3 of the total amount payable then they can repossess without a court order (providing the vehicle is not on private property etc etc) upon the expiry of a Default Notice.

 

I'd probably go to the meeting if I was him, but perhaps it would be wise to attend by public transport. Has he received a valid NOD?

 

RM

[pascha]

whats an NOD? He did go, they said he can pay less for 2 more months and then they will take the car.

[Markiemark1]

NOD is a Notice of Default. Sorry, should have made that a bit clearer. In proportion to the total amount payable, how much has been paid. If it's over 1/3 they will need to get a Return of Goods Order through the Court.

 

In any event your partner could apply to the court for a Time Order to give him time to pay the agreement.

 

MM

[pascha]

No he hasnt had that. He has never missed a payment. Only one which his mum gave him the money to catch up. They said that all the time he is paying 80 pound which they said he could, he was falling behind and this would only be temporary. Troubl ei s, they never said it was temporary when he made the agreement with them. They sent him two payment books to keeop hoim going.

[Markiemark1]

Well without a Default Notice, they can't terminate so no repo and at the moment no court proceedings. Keep going as you are and if it kicks off at the next review we can consider helping you sort a time order application out!

 

HTH

 

Mark

[pascha]

SO even if he has paid les than a third, they have to have a default to take the car?

[Markiemark1]

Yes, if the Agreement is regulated and there is a breach (i.e. the debtor stops paying) then there has to be a notice served specifying what the breach is, and providing its one that can be remedied (i.e. by making payment) then specifying the time in which the debt can be remedied. Can't repo until expiry of the Default Notice.

 

Mark

[pascha]

Thanks Markie, sorry havent been on - internet went down. story of my life!!!

[Markiemark1]

Oh hun, can't be that bad!! You could always be spending a sunny Sunday afternoon going through S127(3) of the CCA 1974 in minute detail!! Wot a life!

 

Mark