manchester car finance/CLS finance ltd.fixed sum loan secured with BOS

[daveegan06]

Im sorry to post my cry for help on this thread, but every time i try to start a new thread it logs me out??? I really need some advice re car repossession asap please.

 

I have paid approx £5300 off the agreement, and still owe about £6200. I have fell into arrears due to massive changes in circumstances and need some advice re my legal rights. The agreement is with manchester car finance. Thats what they are called now, the agreement i have signed is with CLS finance ltd.

• Do they need a court order to repossess my car? And even if they dont get one and still take the car is there really anything i can do about it?
  
• Can they take my car off my private drive, with or without a court order?
  
• I can afford a reduced paymnet per month, but do they have to accept it?
  
• How long does it take for them to obtain a court order, and what is the legal process, ie, default notice then.................. etc
  
• If i went to court when they apply for the order and plead my case is there any chance the court will alllow me reduced payments?
  
• Every time i am even an hour late with the payment they call and say lets just agree to return the car. If i dont give my permission to this can they still take it?
  

I am about £1000 in arrears, and am currently pay £250 a month, with £30 a month being for the arrears. I can afford £100 a month, but really need the car for my 2 disabled children to get to thier schools etc.

 

Any help will be really appreciated.

[daveegan06]

Im sorry to post my cry for help on this thread, but every time i try to start a new thread it logs me out??? I really need some advice re car repossession asap please.

  

I have paid approx £5300 off the agreement, and still owe about £6200. I have fell into arrears due to massive changes in circumstances and need some advice re my legal rights. The agreement is with manchester car finance. Thats what they are called now, the agreement i have signed is with CLS finance ltd.

• Do they need a court order to reposses my car? And even if they dont get one and still take the car is there really anything i can do about it?
• Can they take my car off my private drive, with or without a court order?
• I can afford a reduced paymnet per month, but do they have to accept it?
• How long does it take for them to obtain a court order, and what is the legal process, ie, default notice then.................. etc
• If i went to court when they apply for the order and plead my case is there any chance the court will alllow me reduced payments?
• Every time i am even an hour late with the payment they call and say lets just agree to return the car. If i dont give my permission to this can they still take it?

I am about £1000 in arrears, and am currently pay £250 a month, with £30 a month being for the arrears. I can afford £100 a month, but really need the car for my 2 disabled children to get to thier schools etc.

 

 

Any help will be really appreciated.

[Cait116]

Hi Dave

 

I'm sure one of the guys who know their stuff will be along soon. Don't worry though, I'm sure someone will know what to do. Keep posting and best of luck x

 

btw - did you explain to them about your children?

[daveegan06]

weve checked the agreement andit does not state this mate, does that mean its automatically a 1/3?

[maroondevo52]

Hi, daveegan06.

 

I've started a new thread for you.

 

Regards.

 

Scott.

[raydetinu]

If it is an HP agreement and you have paid more than a th, then they need a court order to repossess, but sometimes they will try without one, so be vigilant.

If they apply to court for one you can go and put your case, however better to speak to them first about refinancing and do it in writing not over the phone.

[Gaston Grimsdyke]

OK need to know what type of agreement it is i.e. HP. conditional sale, loan, hire. That is crucial. If it is a loan agreement you have hope; if it is any of the others and you are looking to reduce the payments on a long term basis you will be in difficulty and the best you can hope for is to delay. If your situation is temporary and you think you could pay the full instalment plus a bit more to clear the arrears in a few months, you will be ok.

[sequenci]

Could it be a bill of sale?

[daveegan06]

thanks for the help, i think its HP, but i will check the paperwork when i get home. What difference does it make? I cant see myself being in the position to pay any more in the short/long term?

 

Any answers to the points i stated would be really helpful if you can, as im due to make the next payment on 2706/11???

[eganfamily06]

its a personal loan secured via a bill of sale. Please please help asap, they are trying to take the car back now. Thanks. Sorry had to register again as original sign in wasnt working

[raydetinu]

well if BOS, then it must be registered and they must produce the registered, signed( at the royal courts of justice ) copy at the time they want to repossess.

you must have received a default notice or repossession not valid.

Most are not registered so agreement not valid. Do not let them take it.

Unfortunately the police are of little help as they do not know the law in this respect; civil matter.

[eganfamily06]

Thanks mate, appreciate it. I have asked him for the High Court stamp reference number and he said:

 

You need to request this from the Royal Courts of Justice in London, I think they charge around £40.00.

 

Thanks

I take this to mean he doesn't have it? Also when they called today they did not have the paperwork that you say they need.

If they can produce this, then they will have to apply for a court order i believe, how long will that take? And will the court allow me to make lower payments?

Thanks

[raydetinu]

No they get copy when it is registered, and you should of been supplied with a copy. It should registered within 7 days.

does cost £40 and takes weeks. can be cheaper if you know the details. and it will confirm if its been registered.

As it is likely they have not complied with the law, you can tell them to get lost and dont pay any more. It will be unenforceable in court, although the debt still exists.

if all is in order they dont need a court order to repossess, BOS reduces consumer rights, but fortunately the creditors dont always comply with the law.

 

This may help.

http://www.creditlaw.co.uk/_doc/OFT%20commentary%20on%20Bills%20of%20Sale.pdf

and this.

http://www.parliament.uk/briefingpapers/commons/lib/research/briefings/snha-05631.pdf

[postggj]

can i have confirmation please

 

PERSONAL LOAN SECURED BY BILL OF SALE

 

THIS IS NOT RIGHT

 

IF ITS A LOAN AGREEMENT THEN YOU OWN THE VEHICLE OUTRIGHT

 

ITS EITHER A HP OR CONDITIONAL SALE AGREEMENT IF ITS SECURED BY A BILL OF SALE

 

ANY CHANCE OF POSTING UP THE AGREEMENT MINUS PERSONAL DETAILS

 

GOOGLE PHOTOBUCKET

 

Most are not registered so agreement not valid. Do not let them take it.

 

INTERESTED IN THAT STATEMENT RAYDETINU

 

IF THE BOS IS VOID THEN IT REVERTS BACK TO THE CREDIT AGREEMENT

 

OR DO YOU KNOW SOMETHING I DO NOT:shock:

 

PLEASE ELABORATE:-)

 

MANY THANKS

[eganfamily06]

The collector who called yesterday, when we said re the 1/3, checked his paperwork and said dont worry about it and then left! Surely if they had the stamped bos they would be more than happy to provide this and reposess the car?

I will scan and post the agreement on here on monday. But it says: fixed sum loan agreement and then we have a bill of sale as well? One is with manchester car finance on, but the BOS has Cls finance on?

Also, just one mistake ive noticed on all these documents is, on the statement of price, the date should be 7-10-08, but is actually 7-10-04??

It does state on the bottom of page that it is a personal loan agreement ?

Edited July 2, 2011 by eganfamily06

[raydetinu]

Posty;

I thought it was covered in my links above or am i not interpreting it right?

I stand to be corrected of course.

[postggj]

sorry

 

did not see the links

 

uill go through them in due course

 

i relay do need glasses:-)

 

you cant have a fixed sum loan agreement secured by a bill of sale

 

the vehicle is yours outright

[daveegan06]

We have had an Email from the lender in which he states , "you have a bill of sale secured on a personal loan agreement, you do not have the same rights that covers a HP agreement" .

He goes on to say that he will be sending his agents to collect the car and he does not have to produce the BOS at time of repossession.

He also goes on to say he may need a court order to take it off the driveway but he can take it from workplace, school, or local shops without one.

 

We are going to see a solicitor on Monday but if they come over the weekend what would be our best action ?.

 

As i mentioned in an earlier post , they sent an agent to collect the car yesterday, when told him we had paid over a third he checked the paperwork and left, surely if they had a stamped BOS they would have produced it and took the car ??....any advice would be greatly appreciated

[postggj]

Many thanks for the links raydetinu

 

its most illuminating

 

so i have not missed anything and for future caggers who find statute legislation a bit ott,

 

can you explain in layman's terms why a consumer credit agreement is unenforceable if the bos is found wanting

 

i tend to speak a foreign language when quoting legislation

 

The bos must be produced at the time of the repo or its theft

 

have you ever seen a copy of the bill of sale

 

like i said

 

you cant have one for a fixed sum loan agreement

[daveegan06]

sorry, only just seen the post above mine, ...so the car cant be reposessed with it being personal loan ?, the lender is saying very clearly that we have no rights ??...

[postggj]

who is the lender and have you seen this bill of sale

[daveegan06]

There is a copy of BOS attatched to loan agreement, until yesterday i assumed we had a HP agreement, is there anything in law i could send to them stating that as its a personal loan they cant take it ?...thankyou

[daveegan06]

The lender is Manchester Car finance also known as CLS finance

[postggj]

Give me half an hour

 

i need you to post up the bos and agreement

 

delete personal info

[daveegan06]

Thankyou so much for your help, sorry ive no scanner here to post up agreement, also the fixed sum loan agreement is regulated by the consumer credit act 1974...does this make any difference ?.....sorry for all the questions but lender is adamant he is in the right !! and i have no clue about laws