after court order

[Cartoon Head]

To cut a long story short,went to court and kept the car,agreed increased payments and made 6.

 

Fallen behind, as of today 1 month behind,had 2 letters from duncton advising if i didnt make the payment they may enforce the court order to repossess.

 

Could make the missed payment this week if needed,however its gonna be a struggle to keep it up.

 

Made about 22 payments from 48.

 

anyone advise waht the procedure is for repossesion at this stage,would rather hand it over than people turn up at work for it,also what timeframe is,ie how long have i got before knock at door?

 

Do you think they would accept paymennt for last month this week?

 

Cant see ayway of getting payment oliday or reduced payments, not after court order???

 

Bloody petrol price has done me.

 

CT

[raydetinu]

they would need a new court order, which they would probably get as you have had a chance to sort, so would take a few weeks, but would need to send you a default notice first.

You could of course VT the car, but would need to pay 50% of the loan.

better doing that than letting them take it and you left with paying remainder less what they get selling the car at auction.

[Cartoon Head]

What is VT?????RgdsCt

[raydetinu]

voluntery termination, all you have to is write and state that under the agreement you wish to terminate the agreement, but you must have paid or can pay the 50%.

then thats it you owe no more, just walk away.

[Ell-enn]

If you want to keep the car make the payment this week and then carry on as normal. However, if you think you will struggle to carry on with the payments then you might have to think about handing it back. How do you normally make your payments ? do you phone them ?

[Cartoon Head]

usually direct debit debit,which failed 4 weeks ago.

 

Is this VT definate? i mea could there be a clause i my agreement vetoing this??

 

Ct

[Cartoon Head]

Also i paid 1500 deposit, will this count as payments made?

 

rgds

[Cartoon Head]

liking the idea of this VT i think,just worked out withall the extra charges they have hit me with, i am abutt 200 under 50% of total.

 

Any template letter aywhere?

 

Many thhanks

 

ct

[sequenci]

You can only VT a car finance agreement if:

 

A) It's a CCA regulated HP agreement, and

B) The agreement has not defaulted, which I would imagine it as court action has already been brought by the lender.

 

If you wish to keep the vehicle you could consider a Time Order, which may allow you to be a greatly reduced monthly instalment:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=06_time_orders

[Ell-enn]

Good thinking Sequenci - a time order is just what's needed if he wants to keep the car.

[Cartoon Head]

Many thanks.

 

would i be wise to write to the financer now,or straight to the court,no default yet,just 2 reminders they may enforce the court order?

 

Rgds

 

 

CT

[raydetinu]

depends what you want to do?

Keeep or VT?

50% is of the loan repayment ( no deposit ), and excludes any add ons such as gap, ppi, etc.

[sequenci]

depends what you want to do?

Keeep or VT?

50% is of the loan repayment ( no deposit ), and excludes any add ons such as gap, ppi, etc.

 

It's unlikely that a VT will be possible as this option is only available to those who have not defaulted.

[raydetinu]

probably correct, agreement now subject to previous court order/agreement, so default on that ay your peril, may not get a second chance!

What were previous court order conditions?

[Gaston Grimsdyke]

There is nothing to stop a hirer exercising the VT option whether there are arrears or whether a default notice has been issued.

 

The right can be exercised at any time before the final payment is due.

 

However, since termination by the creditor triggers the requirement to pay the remaining balance,

then the right to VT is lost once the creditor terminates.

 

This makes sense anyway, since you cannot terminate an agreement that has already been terminated.

 

If Duncton have obtained a delivery order they must have already terminated.

 

So, as far as the OP goes, there is no longer a right to VT.

 

If the delivery order is suspended, then the court has already granted a time order.

 

A time order can be granted either following an application made by the debtor,

 

or (as here) in response to proceedings commenced by the creditor.

 

Although a court could grant a second time order, it is unlikely to do so where it has already done so and the debtor has broken its terms.

 

As far as repossession is concerned, Duncton now have a delivery order that is enforceable

so there is nothing to stop them simply turning up to repossess the vehicle.