duncton no1/ moneybarn repo - won

[rhodium78]

Good luck...

 

You have to pre-empt their responses and work out how you feel regarding them, therefore if they:

 

1.) Reject the offer totally and want you to pay all the arrears and charges.

2.) Accept the offer in its entirety and allow you to pay instalments on the arrears.

3.) Partially accept the offer for instalments but want you to pay a higher instalment than you have offered so you can clear the arrears, therefore if your monthly payment is £300/month and you have arrears of £900, they might want you to pay £400 per month to clear the arrears and the instalments.

4.) They terminate the agreement and want you to surrender the car.

 

That is all I think of off the top of my head but you have to be prepared for all eventualities and hence think about your reaction in turn.

[wannabedebtfreesoon]

Hello

From reading your thread, you have hinted that the car may be parked on your property?? Is this true??

If the car is parked on your property and if it is subject to a HP agreement regulated by the CCA 1974, they cannot take it without a court order or your consent. If this is the case, this would be why they are going away when you say "get a court order".

[wannabedebtfreesoon]

Oh and it makes no difference how much you've paid

[rhodium78]

That's right... which is why he (I am assuming) should never park on a public road and which is also why they were asking him to give up possession by consent.

[wannabedebtfreesoon]

Cool He, (or she ), is in a very good position then! From reading the thread it seems he/she wants to keep the car and keep on making payments. If they can't repo without a court order cos of the car being on private property, I'm sure they'll be quite amenable to any payment proposal

 

Section 92 CCA 1974

[madh21]

Hi...thanks for your comments. And by the way Im a 'she'!

 

Yes...I do park on my drive. And yes....they cannot take my car without my consent without a court order.

 

They initially were not interested in any payment proposal. Even full payment of the arrears the day after the DN ended (although they did say they would accept it!) I did refer to this conversation today when they offered to allow me to pay the arrears.

 

If they really wanted to go to court and thought they could win without doubt, surely they would have done this by now. (just my thoughts) After todays events I really do believe they have doubts.

[wannabedebtfreesoon]

It is highly unlikely they want to go to court!! They would have to apply for a return of goods order, part of this process gives you an opportunity to make an offer of payment in order to keep the goods. Now why would they go all the way to court to end up with something you were offering anyway??

 

My opinion is that they were refusing your payment so as not to let you go over the third. It was pot luck where the car was parked, if it turned out it was on the road they would've been laughing! Repo the car then chase you for the balance on the agreement So then they try to coerce you into giving your consent, but that didn't work either!!

Funny how they've changed their tune now and are suddenly willing to accept payments??!!

[hontwood1]

Hi there,

 

Just notice these posts, I was in the same position last November. Duncton terminated my agreement (which I felt was very unfair), I had paid £19,000 of the car and owed another £3,100. My account was in arrears only because I kept getting charges which amounted to over £600. The arrears was just under £600 therefore my arguement was if the charges were not added onto my account then it would upto date. However I took a time-order out of them, which was free in my local court (great). After four weeks I attended the court hearing. Before I entered the court the Duncton legal team explained what they wanted to do - Ideally they were going for all guns blazing and wanted an order to take the car ASAP. The judge looked at my case, reviewed the charges and through Duncton out of court having said 'have you not charge this man enough already'. They then requested that if I missed any payments of the time-order they could implement another order to take the car, this was thrown out too. I have kept my payments upto date (albeit I have to pay more) and only have three months left until finished. I believe from my experience of the above, and the current economic environment and I spoke to the CAB person afterwards - judges are being very careful dishing out orders for credit / loan companies. It also cost Duncton alot of money to draft all the paperwork and send the legal team to the court.

 

Good luck

[madh21]

Ok...reply to my email recieved today.

 

They will not accept my proposal and will now commence legal proceedings on Monday! So completely rescinding again!

 

What now?

[madh21]

seems like court action will work in my favour. Having just read some interesting info they will most likely grant me time to pay on my terms. I think I will include an 'unfair relationships test' also in view of their charges / interest and basically saying and doing different things.

[rhodium78]

Ok, it seems you are quite content in getting a CCJ just so you can pay the instalments which I am not happy with.

 

You can either:

 

1.) Wait for them to start the action and then if you admit the claim, state in there how much you want to pay per month. This will result in you getting a CCJ but with your instalments unless they request immediate and full payment.

2.) Initiate the time order proceeding by sending them a letter and waiting 14 days. If they still instigate court action, you can add the time order to that claim.

3.) Wait for court action and defend the action based on faulty notices, etc.

4.) Negotiate further with a purpose.

5.) Negotiate further without a purpose.

 

Point 5 is more akin to a delaying tactic but is to be used with point 2.

 

Your call and if they do start legal action, may I suggest a new fresh thread and get a working scanner so people can see all the notices, etc.

 

Me personally, I would start 2 and 5 now and see how I feel about the other options when it happens.

 

The impression I am getting is that you want to pay and you have no issues with the agreement, you just are not given the opportunity to do so. I think that is an accurate summation.

[madh21]

Hi. Your summation is quite right! And keep my car!

 

I can pay the current instalments and much more to cover the arrears. This is not a problem. Not sure which way to go with this.

 

Plus....I want something doing about Ceatta!!

[rhodium78]

Well.... it is up to you.

 

You know what they want, it is your call for you to agree to it or not. If you can cover the arrears and the charges for CEATTA and you want to just pay it off just to get rid of the issue, then you pay them. You can still take action against CEATTA but it will be done outside of your agreement with the creditor.

 

I can't unfortunately tell you what to do, I can only state what I see your options are and then it is upto you to choose one and we can advise you on it.

[madh21]

But again...now they wont let me pay them, stating that they will start legal proceddings on Monday. I will of course be bringing this to the attention of the courts.

[rhodium78]

But then again... I don't want you to end up with a CCJ... which is why the time order is important.

 

Just initiate the process for the time order by sending them a letter stating you will be doing that.

[madh21]

Update.....

 

Hadnt heard anything from Duncton for a couple of weeks despite them informing me that they were going to apply for a return of goods order.

 

I sent them an email asking for the date they applied for the above and the reference number (was just pushing to see if they had indeed commenced legal action).

 

Today I receive an email apologising for the delay, informing me that they had commenced legal action for return of goods order but they were unable to privide me with a reference number as yet??

 

They went on to say....If you wish to keep the car then we are happy to divide the amount owing between the remainder of the months left of the agreement had it not been terminated!!!!!! RESULT!!!!!!! This also included removal of the fees for passing the account to the Bailiffs!!!

 

Proposal happily accepted!!!!

 

Many thanks to all who helped me achieve this!!

 

 

They really did not want this going to court!

[wannabedebtfreesoon]

Many congratulations!! Just goes to show how important it is to stand up to bullies