Cabot/Mortimer claimform - old British Credit Trust Car HP Agreement - stayed - Now +3yrs N244 for summary Judgement - Statute Barred?

[travelboi]

Hi peeps.

can anyone advise me please...

 

i have received a letter of British Credit Trust advising me that they have terminated my HP agreement ( i am in 3months arrears) and that they are the legal owners of the vehicle and they demand its immediate return.

 

If i do not contact them to make satisfactory arrangement to returnj the vehicle, they will repossess it - i will be liable for the costs.

 

i am still fully liable for the arrears on the account which in this letter states £679.12.

 

I have also been charged £75 for the letter.

 

Im confused as what do to now - i have paid over 1/2 of the agreement - do i just phone them and let them get the car back or do i wait for them to get a court order?

Also, do i still pay the arrears and will they expect it all at once - clearly i cant afford 679 quid (i would of paid the finance if i could!)

 

Thanks in advance for any advice.

 

Travelboi

[Ell-enn]

Hi, if you have paid more than 1/3 of the agreement they will need to get a court order to repossess the car. They may work on the assumption you do not know your rights and threaten to send someone to repossess.

 

Are you in a position to make payments going forward? if so, an you pay a little extra each month towards the arrears?

[travelboi]

i cant afford to make any payments right now - until the end of the month at least when i get paid. im worried about the court fees etc and i certainly dont want to be going to court

i could pay a little extra each month until the arrears are cleared but the have 'terminated my agreement'

[Ell-enn]

Best advice is to send them a letter offering to pay extra commencing at the end of this month. If you need help with the letter please let me know and I'll happily draft one for you.

 

If they do proceed to court, the judge will allow you to keep the car as long as you can show you are able to make payments + an amount towards the arrears.

[travelboi]

can i do this even though they have terminated the agreement....

id rather let them have the car back than me have to go to court.

and how about the arrears on the account now?

how will i have to pay them if they take the car back.

thanks for your help

[Ell-enn]

If they take the car back they will sell it at auction and you will be liable for the difference between what they sell it for and the outstanding balance + the arrears.

 

If you are able to keep making payments going forward then you may be able to get them to agree not to take court action.

[travelboi]

ok - i will write to them and see what they say.

so they sell it at auction and im liable for the outstanding balance - i thought i could give it back and be liable for nothing as i have paid over half of the agreement.

[Ell-enn]

Make sure you send the letter by recorded delivery and keep a copy of the letter with the postal receipt.

 

Do you still have a copy of the original agreement?

[travelboi]

i thought i did but i cant find it!

will i stnad any chance as they have already issued default notice and termination of agreement.

[Ell-enn]

It's certainly worth a shot. You should point out to them that as you have paid more than a third of the agreement they need a court order to get the car back and you will defend any court claim. If you need help drafting the letter, let me know.

 

Even if they do proceed with a court claim - you don't attend court - you jyst fill in defence forms making your offer of payment and post to the court.

[travelboi]

oh right - good to know! thanks for all of your help.

If you could draft me a letter i would be most grateful.

Thankyou

[Ell-enn]

...........................................................Your Address

 

 

Date:

 

Their address

 

 

Dear Sirs,

 

RE: ACCOUNT NO: XXXX

 

I am writing with regard to the above account and with reference to the arrears which have unfortunately arisen due to my experiencing a reduction in finances over the last few months.

 

My situation has now improved and I am able to recommence normal monthly payments together with £xxx per month towards the arrears - the first of these payments will be made on 31st March and monthly thereafter.

 

Having taken advice I am aware that, as I have paid one half of the agreement, you are required to apply for a court order to repossess the vehicle. However, I trust that you will be able to accept my offer of payment and thus avoid the need for court action which would be vigorously defended.

 

I look forward to your positive response.

 

Yours faithfully,

 

 

 

XXXX

 

Remember to send by recorded delivery and keep a copy of the letter. Also keep safe the postal receipt - you can then check on the royalmail website a few days after posting to print off the signature receipt which you should staple to your copy of the letter in case you need to prove they received it.

[travelboi]

ok thankyou so much.

I will send this letter tomorrow and see what their response is.

[Ell-enn]

OK, even if you haven't heard from them by the end of the month make the payment anyway.

 

Do you pay via bank direct debit?

[travelboi]

no i pay with my debit card via their website

[Ell-enn]

That's good

[LarissaJ]

Have you checked that the default notice is correct?

[travelboi]

i dont know where it has disappeared to - i have sent the letter this morning offering them a payment plan - see what happens

[LarissaJ]

i dont know where it has disappeared to - i have sent the letter this morning offering them a payment plan - see what happens

 

Did you check that it was all in order though? because if they've terminated on the back of a dodgy DN then it's a different story!

[travelboi]

ok - so i sent the letter yesterday and have had a few phone calls which i have ignored from them today - with voicemails asking to return their calls to discuss my letter - what do i do?? do i return the calls or not?

 

anybody?

[Ell-enn]

Hi, sorry for delay. there's no harm in ringing them to see what they want - but do not agree to anything on the phone - if they want anything other than what you have offered tell them you need to think about it. If they accept your offer ask them to put it in writing and then you will start payments.

[travelboi]

had letter today accepting my offer to them

[Ell-enn]

That's great as long as you keep up the payments in line with your offer you should be ok.

[travelboi]

Hi guys

i have a car from these guys on HP

 

i am in a situation where i cannot afford at the moment to make the payments (well in full anyway) and im in arrears of £719

 

I made an arrangement with them stupidly which i cannot afford to pay a few months back.

 

They have issued me with a default notice and now a letter saying they are either

1) looking to recover the vehicle

2) pass account to solicitors to commence legal action

3) Refer account to debt collection agency

 

Where do i stand?? arrrrgh!

Can i write to them and offer to pay an amount each month which i can afford until i am able to continue with the regular payments - i understand the arrears will be going up and up but nothing else i can do,

I know they cannot reposses the vehicle as i have had it since jan 2007 and have paid over 3years of the 5!

 

Thanks for your help in advance

 

can someone move this threa for me please to the correct place

thanks

[MARTIN3030]

Yes will do this now.