Help

[cath212]

I've just received a warrant for a vehicle I stopped paying over a year ago. Long story short, I couldn't afford the payments, asked them to collect the car about 1 year ago, they've now apparently issued proceedings and got a decree.

 

The decree states that they want the car plus £3600 approx. I thought the vehicle value had to be taken off the amount of the total owed? Am I wrong.

 

Also, the propert I live in is in joint names (myself and my partner, not married). Are they allowed to take whatever they want if I don't pay up?

 

Any help would be appreciated. I apparently have 14 days to come up with the cash!!

[ambershadow]

You need to contact the court for this and get a hearing as this is not right..

 

If you ge a hearing they will correct this for you in court, if you can affford to pay the installments now they court may and this is only may let you keep the car and pay the balance owing as you were supposed to.

 

I had a friend in the same position But it wasn't a decree what ever that is

[Ell-enn]

Hi there, I take it you are in Scotland? the court process there is different to England. Give the Govan law centre a ring - they should be able to advise you.

 

free legal or generalist help in Scotland

[ambershadow]

Hi there, I take it you are in Scotland? the court process there is different to England. Give the Govan law centre a ring - they should be able to advise you.

 

free legal or generalist help in Scotland

 

 

My apollogies Ell-en I didn't realise they were in Scotland

[Ell-enn]

No need to apologise Amber:) a decree is the Scottish equivalent of a CCJ, and there is a different process for setting it aside or asking for the warrant to be suspended.

[cath212]

Thank you for your advice. I want them to take the car back, I just want them to deduct the value of it from the total amount. I'm happy to pay what I owe. I'll speak to Govan Law to see where I stand.

 

Thanks again.

[lets fight bailiffs]

the finance company will send the car to auction and more often than not will not put a resurve on it.

i had the same with a car that set on fire in the first week the garage would do anything and then closed down so i stpped the payments to the finance company and they said we only provide the finance not the car so we still want our money.

but follow ELL-ENN's advice and go tho the govan law center but if you still have the car take it to a garage and sell to them and they will pay the finance company off you wont get the market value but almost garenteed to get more than the auction house

[cath212]

the finance company will send the car to auction and more often than not will not put a resurve on it.

i had the same with a car that set on fire in the first week the garage would do anything and then closed down so i stpped the payments to the finance company and they said we only provide the finance not the car so we still want our money.

but follow ELL-ENN's advice and go tho the govan law center but if you still have the car take it to a garage and sell to them and they will pay the finance company off you wont get the market value but almost garenteed to get more than the auction house

 

 

A few garages have already told me they will pay off all o/s finance (even if it's more than the vehicle's value), I would then have to give them the balance. Also, I didn't think I could do this any more as the finance company have a decree which states they can repossess the car?