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Car about to be repossed. Help!!!

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Hi all, im not sure anyone can help me but here goes. I purchased a car back on the 24/02/2007 for £5219 over 48 months at a rate £170.13 per month with a final payment of £260.13 in the final month making a total repayment of £8356.24 with the final payment due next Feb (2011). I was making payments fine with no problems until I lost my job in August 2008 thats when my problems started. I made a verbal agreement with them to pay half my amount with them for 3 months and then pay the extra for the next 3 months till straight. I did this and bought my account up to date, dispite getting monthly default notices and the odd 'Notice of Termination' letters which i ignored.

Then in the last year I have missed a few months and am now £1067.17 in arrears, I have been rather stupid with the account and made verbal agreements that I have been unable to keep too and it has now got to the point where I have phoned them today and they have said unless I pay £500 by tomorrow they are going to send agents to repossess the car (I cannot afford to pay this).I get monthly default notices and have recieved at least 5 'Notice of Termination' letters off them (unfortunatley I only have my latest copy of the Termination notice dated 17th June 2010 and only 1 default notice dated 18th May 2010 as my wife decided to shread most of my old letters much to my annoyance although i may be able to find more). I have stupidly ignored calls and letters from them because everytime they speak to me they seem to railroad me into and agreement i can afford, phoning me 4/5 times a week sometimes. I will not let them just take the car easily as I have a son and wife with medical problems and also need the car for work and am willing to pay the amount I owe but cant do it before next Feb (the date the original agreement ends) which is what they wanted me to do. Where do I stand and what can I do to help myself now it has got to this point? what do I do next? thanks in advance.

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Hello and welcome :)

 

As you have received default and termination letters, I take it this is a regulated Hire Purchase Agreement??

If so then I strongly suspect you have little to worry about with regard repossession. From the figures you've given it would seem that you've paid more than a third of the total amount payable and therefore they won't be able to repossess without a court order.

 

Before we go any further could you please confirm that your agreement is a hire purchase agreement regulated by the Consumer Credit Act 1974 and that you have paid more than a third of the total amount payable?? Also, was there any PPI or other insurances on the agreement??

 

Have no fear, you will find all the help you need on cag :D


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Thanks for the reply, yes it was a Hire Purchase aggreement under section 87(1) of the 1974 consumer credit act. I have also got a letter saying I have had a finance gap insurance but I'm not sure what this is as i certainly never asked for it. Im not sure what a PPI is sorry and yes I have paid nearly 3/4 of the total amount owed.

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Do you have a copy of your agreement??

 

Section 87 is what will be on your default notices.

 

PPI is Payment Protection Insurance :)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Yes i've got a copy of the original agreement (one of the few things not shredded). It does say a Hire Purchase Agreement regulated by the consumer credit act 1974 and no I have no PPI's on it.

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Yes i've got a copy of the original agreement (one of the few things not shredded). It does say a Hire Purchase Agreement regulated by the consumer credit act 1974 and no I have no PPI's on it.

Brilliant :D

Is there any chance you could scan it and post it up, covering any personal details?? Also your Defaults and terminations if poss, thanks. The more info there is the better your chance of help :)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Although I can't read the figure on page 3 under your rights, it should say that they cannot repossess the goods without a court order if you have paid a third of the total purchase price. Check that you have paid this amount.

 

One of the other letters mentions you surrendering it, DO NOT make any agreements to surrender, just tell them to take you to court to get an order which is what they have to do if you have paid a third.

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TBF the writing on the copy I recieved is almost unilegable so I can see why you cant read the copy. I have paid well over a 3rd but am worried that if they take me to court I will end up losing the car anyway and have extra costs on. I have every intention of paying for the car eventually but cant see how I can repay the arrears plus the normal monthly amount as i'm already srtuggling to pay that.

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I think I must be missing something here! :confused: Your agreement scans are a bit tiny! :) Is there anywhere on it that says "repossession your rights" and a figure??


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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TBF the writing on the copy I recieved is almost unilegable so I can see why you cant read the copy. I have paid well over a 3rd but am worried that if they take me to court I will end up losing the car anyway and have extra costs on. I have every intention of paying for the car eventually but cant see how I can repay the arrears plus the normal monthly amount as i'm already srtuggling to pay that.

Strangely, letting them take you to court would probably be your best bet!

I know it sounds scary but it really isn't :) If they apply for a return of goods order you will have the option of making an offer to the court of what you can afford in order to keep the car. Alternatively, if they're refusing to accept your offers of reduced payments you can apply to court for a Time Order whereby the court can grant you more time to pay or reduced amounts or anything else it deems fit :)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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yes on the page that is almost ellegible (3rd page) it says-

REPOSSESION-YOUR RIGHTS

If you do not wish to keep your side of this agreement but have paid at least one third of the total payable under this agreement that is £2786.41 we may not take the goods signed against your wishes unless we get a court order. If we do take the goods without your consent or a court order, you have the right to get back any money you have paid under this agreement.

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yes on the page that is almost ellegible (3rd page) it says-

REPOSSESION-YOUR RIGHTS

If you do not wish to keep your side of this agreement but have paid at least one third of the total payable under this agreement that is £2786.41 we may not take the goods signed against your wishes unless we get a court order. If we do take the goods without your consent or a court order, you have the right to get back any money you have paid under this agreement.

Have you definitely paid that amount??

You didn't ever modify or rewrite the agreement did you??


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Have you definitely paid that amount??

You didn't ever modify or rewrite the agreement did you??

I have paid £5845.03 so far and no dispite them continually terminating the agreement I have never signed another one.

I believe they may be trying to intimadate me because today they said that if they repossessed the car and then auctioned it I would have to pay the short fall but I have just read on page 2 of the original agreement that as long as i've paid half (which I more than have) and they have the goods back I am not liable for the rest.

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I have paid £5845.03 so far and no dispite them continually terminating the agreement I have never signed another one.

I believe they may be trying to intimadate me because today they said that if they repossessed the car and then auctioned it I would have to pay the short fall but I have just read on page 2 of the original agreement that as long as i've paid half (which I more than have) and they have the goods back I am not liable for the rest.

This bunch of criminals sound as unscrupulous as the rest of them! :mad:

You do have rights but they are not very forthcoming in telling you that!!

No matter what they say, they CANNOT repossess your car without first going to court to obtain a return of goods order.

If they do come for your car, do not give the keys or the log book and call the police! The police won't do anything to stop it but you will have some very credible witnesses ;)

 

It is very important though, that you are absolutely sure you have paid more than a third not counting any insurance payments, and it is still the original agreement and it is still the same car!!

 

The thing with terminations is that they can be overturned if you behave in such a way that shows you do not accept the termination, i.e. continuing to make monthly payments. This is why you have been sent multiple notices. Also every time you make some kind of payment they will need to issue a new default because the previous one will be invalid due to overstated sums.

 

Unfortunately once an account has been defaulted you lose your right to give the car back without liability :(

Whatever you do, do not give the car back voluntarily!!

 

I would suggest that one of your options would be a time order if you do not want to wait for them to take you to court, I've attached some info below :)

Debt Factsheets - Time Orders

 

The most ideal solution really would be for them to repossess the car! As long as you don't give your consent, you would get back all you have paid so far plus interest and release from any liability under the agreement :D


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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As an aside- where is the car parked?? ;)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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So if I wait for them to take me to court and then ask for a time order I may get extra time to pay? should I continue to pay what I can in between this time? and also how long do these things take to get to court?

btw the cars on my drive and will stay there if they want to take it without my consent then fair play, i'll be nearly £6k better off more than enough for a nice new motor.

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I see you have been getting good advice here.

 

I think I would write back to the collections manager in response to the last letter, tell them exactly what you can afford. Lay on the fact that you need the car for work and if they take it then they remove your source of income by not being able to work. Mention son a wife health problems etc.

 

Point out that you are aware they cannot take it back without a court order because of the amount you have paid, they will then see that you are willing to pay but that you also know your rights and are not scared of their threats.

 

IF it did go to court and they refused your offer of payment, then at least the judge can see you have tried and I would hope it is looked on more favourably.

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So if I wait for them to take me to court and then ask for a time order I may get extra time to pay? should I continue to pay what I can in between this time? and also how long do these things take to get to court?

btw the cars on my drive and will stay there if they want to take it without my consent then fair play, i'll be nearly £6k better off more than enough for a nice new motor.

You don't have to wait for them to take you to court to apply for a time order, you can do it at any time once you have received a default.

 

If you want to continue paying what you can afford and see what happens that's also a good option :-)

If you apply for a time order I don't think they take very long to come to conclusion, maybe a few months?

 

Hmmm double insurance! :lol: They can't touch the car if it's on your drive no matter how much you've paid :grin:


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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It doesn't look as though the box was ticked for the GAP insurance either, so if you didn't ask for it, you should be able to reclaim this too.

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It doesn't look as though the box was ticked for the GAP insurance either, so if you didn't ask for it, you should be able to reclaim this too.

Thats correct I didnt tick the box or ask for GAP insurance. But as far as I can see I have been given it but not paid for it, not sure this is correct though.

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I had a call off there agents today (quick wasn't they) saying that he was in the area and when could he pick up the car. I told him politly but firmly that after seeking advice I wasn't in a possision to surrender it and that if Marsh wanted to take the matter to court I would welcome my day there. I also added that they may take the car but it would be without my consent so that I would welcome all payments already paid by myself back as £6k would buy myself an very nice replacement to which he replied 'well im not going to do that, am I?'. He asked how much I was going to offer to cover the arrears to which I replied that I would only speak to Marsh about that. I thanked him for calling and told him he was lucky he did because it has saved him a wasted journey.

On a plus note I have found out today that i'm am getting a big rise soon so may be in a position to pay off the arrears quicker but wont find out the exact details for a few weeks.

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I had a call off there agents today (quick wasn't they) saying that he was in the area and when could he pick up the car. I told him politly but firmly that after seeking advice I wasn't in a possision to surrender it and that if Marsh wanted to take the matter to court I would welcome my day there. I also added that they may take the car but it would be without my consent so that I would welcome all payments already paid by myself back as £6k would buy myself an very nice replacement to which he replied 'well im not going to do that, am I?'. He asked how much I was going to offer to cover the arrears to which I replied that I would only speak to Marsh about that. I thanked him for calling and told him he was lucky he did because it has saved him a wasted journey.

On a plus note I have found out today that i'm am getting a big rise soon so may be in a position to pay off the arrears quicker but wont find out the exact details for a few weeks.

FABULOUS :lol: God bless cag :grin:

 

I would suggest that when you have got a bit of cash together make an offer in writing to them as a full and final settlement. I suspect they would be happy to accept a reduced sum to clear the debt and get it out of their hair!! If it comes to it, don't send any money until you have it in writing that they accept your offer as full and final settlement and title is transferred to yourself :-)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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That's brilliant, congrats on seeing them off!

 

And yes very much so offer F & F, you may be surprised what they will accept.

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So whats my next best course of action? do i send them a letter (recorded delivery) making a offer I can afford or just wait to see if they take me to court? or maybe a time order?

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