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Hi guys just a quick question regarding time orders, we are in the process of being threatened by BCT and their solicitors to take possession of our vehicle. However being as its got to the Termination Notice stage I am going to ask the court to grant a time order before BCT even get anywhere near a court.

 

What form do I need to issue to the court is it an N1 or a N440, I am thinking its an N440 because its a secured loan on a vechicle or is the N440 just for time orders on residental premises?

 

Any help you can give guys would be great.

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If it was me, i would do the N440.

 

Her Majesty's Courts Service -Forms and Guidance


Any advice I give, is given with the best intention of helping. I am not legally trained, so it is probably best to just ignore me;)

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This is saying it is an N244

Debt Factsheets - Time Orders

 

but that form looks like you may use it if it if there is an ongoing claim ? i would be tempted to used to N440. it looks to be more the form for the time order, rather than a generl order x


Any advice I give, is given with the best intention of helping. I am not legally trained, so it is probably best to just ignore me;)

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If it was me, i would do the N440.

 

Her Majesty's Courts Service -Forms and Guidance

 

That's what I'm thinking because it isn't an unsecured loan, and when you look at the form it asks where you signed the agreement. Also the N440 asks for more specific info on the loan than an N1 does.

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I think the N1 is a general form for anything, where as the N440 asks specific information relating to default notices, termination notices etc.

 

Good luck


Any advice I give, is given with the best intention of helping. I am not legally trained, so it is probably best to just ignore me;)

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Hello and welcome :)

Would you be able to tell us what kind of agreement you have and how much you have paid off it please?

 

Could you also tell us what correspondence has been sent and received so far?

 

Thanks :)


“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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Its a regulated HP agreement under CCA 1974. I have paid more than a third in fact have paid more than half but got into difficulty last year when husband lost his job through redundancy, however he found work 4 months later in April 2009 and has been employed ever since but both myself and husband were involved in a serious car accident in March 2010 and things have took a turn for the worse really as my husband has been and remains on the sick.

 

We were issued a termination notice in May 2010 and things have moved on since we told BCT they wern't getting the car back without a court order and yesterday we got a letter from their solicitors Blake Lapthorn basicly using bullying tactics in telling us to surrender the vehicle or court action will commence, surrendering the vehicle isn't an option as we have a son with a serious heart defect and isn't suited well to public transport, and more recently due to our car accident my husband has been left with a very serious back injury and can't get about without a car.

 

At the moment we can afford to make some payment roughly 3 quarters of the monthly amounts but not much more, we have tried negotiating with BCT but they are having none of it and they now just want the car. I have been pondering should I let them take me to court and get a Time Order at that stage or shall I get the Time Order now and stop them in their tracks.

 

However I am tempted before I decide what to do is to e-mail the solicitors in a last ditch attempt to resolve before court action as I have to at least try to keep the matter out of court which I'm sure the courts will lookup on favourably.

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Firstly don't be frightened by these bullies! There is nothing they can do to you, they cannot force you to voluntarily surrender your car.

 

Whichever way you choose to go you do need to be corresponding with them in writing and sending everything recorded delivery.

 

BCT have a reputation for unlawful repossession and have been taken to court previously for this.

 

You are well within your rights to apply for a time order before they start proceedings but you can also apply for one as a result of their application for return of the car. The only difference would be the cost, but if you are on a low income or certain benefits you would be exempt from court fees anyway.

 

Have you made any payments since receiving a default or termination??

 

Have you got any proof of their refusal to accept reduced payments?

 

You can only make an application if they have already refused to accept your proposals. I believe it to be an N1 that would need if you wanted to make the application before court proceedings.


“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 posting wannabedebtfreesoon, I'm certainly not frightened by these people as I intend to fight them with every breath in my body.

 

I'm just pondering how to fight them, should I let them bring the fight to me or take it to them? I'm of the veiw the claimant always seems to enjoy a higher level of respect in the court system, and that is my main fear.

 

I have evidence stacked in my favour, I have tried negotiating with BCT, I have made offers only to be declined, they have applied unfair charges to the account. My only concern is I am unable to pay the full monthly amount or anything towards the arrears hence the reason for making an application for an interim time order for the terminated agreement to be varied and to stop interest.

 

I have checked and it is the form N440 in my case if I wish for a time order before they commence action or otherwise its an N11M for a time order if they make a claim first.

 

I'm thinking of getting in there first as because they have terminated the agreement I can go straight for a time order but i'm thinking of e-mailing their solicitors with my proposal monday with a time limit for reply no later than close of business tuesday and enter the application on wednesday if I get no reply.

 

Check here Time Order ? a viable solution when you need more time for loan repayment

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I believe the N440 and N11M forms are for loans secured on your home so would be unsuitable for a HP or Conditional Sale agreement.

 

I can't seem to get on to the HMCS website at the mo but I'm sure it would be N1 for before and N244 after.

 

If you've paid anything at all since your default and terminations were issued they will have to reissue them both as they will now be invalid due to sums overstated.

 

Personally I would recommend writing a letter outlining your proposals and indicating that if they are not accepted you will have no option but to apply for a time order. Also I would think 14 days for a response would be more reasonable. The court makes a big deal out of showing reasonable behaviour and it only counts in your favour if you can prove you have done everything in your power to negotiate and court is your very last resort.

 

The last thing I would want would be to see your application refused on the grounds of not giving reasonable time to negotiate a reduction :(


“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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Don't forget that you are in a very strong bargaining position right now. It's all about the money for them and if you end up being granted a time order the chances are interest will be frozen and they will get much less money.


“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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Right just to update you all, hubby was in court on Thursday gone, they were going for outright possession of the vehicle which didn't happen, however the judge didn't grant the time order hubby was looking for straight away, the case has been adjourned.

 

the judge was concerned by granting a time order based on what could be paid would extend the terminated agreement by 19 months, which the judge said was beyond the powers of the court (not sure about that, as i'm sure the court can use their discretion to extend to whatever is reasonable, I need a little advice on that).

 

 

However the judge was interested in hubbys personal injury claim as this could be used to keep the time order within the time limits of the agreement, to be fair hubby was going to use part of his settlement anyway from his P.I. claim to settle the outstanding finance anyway,

 

 

he made reference to the Southern & District Finance plc v Barnes case and this would be the only way hubby would be allowed to keep the car,

 

 

he threw hubby a lifeline really and to be honest he was a fair judge as the other sides solictor just wanted the car and nothing less so for now its all even again and believe hubby holds the upper hand as liability for his PI claim has been made in full which is what the judge wanted to hear.

 

Anyone got any thoughts.

 

bump...

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