RCI finance issued us with termination of agreement and want vehicle back HELP!

[choccybiccy]

My husband has been suffering immence pressure and depression lately but I wasnt aware he had missed payments on our HP vehicle until a man called by to serve a reposession notice - he took photos of the car on our driveway and left. RCI have terminated the agreement but we have paid more than a third off it so it has to go to court. We have not yet recieved the N9C forms because the man ( debt agency) said he would give us 10 days to come up with the full arrears of £6,500 approx) my husband was/is in the process of getting a secured loan with Blenhaim finance to pay this!!!! I want to stop this now - but we desperatly need a car for our 4 children to get around - we live in the middle of nowhere! I want to be able to sell the car - its only a yr old and done less than 20K miles so I could buy another vehicle and pay off the arrears but RCI were very abrupt on the pnone " we do NOT UNTERMINATE agreements!!"" so basically.... what do we do next? what are our chances of keeping the car? what are our options? IF they do take the car do we get anything at all back???? its worth more than they are owed in arrears!! If I get the court to suspend the order then can we legally sell the car?

[pauly72]

hi im in the same boat they called last week to collect the car which is only 700 in arrears i didnt answer the door,I rang them but they are not willing to accpet i pay the arrears and contine with monthly payments,they want car or 6000 pound which i dont have, Luckily you have paid more than myself i am 400pound short of paying a third off, i dont want to give up without a fight!

[National Debtline]

Hello there.

 

As you have stated that you have paid more than one third you have two options. Please, please do not consider gettign a secured loan - you don't need to.

 

As part of the court process you can either:

a) Ask the court to consider allowing you to keep the car by paying the regular monthly instalment plus a little extra, this process is known as 'suspending the return of goods order'

b) Allow you to pay a lower instalment for a period of time - usually at some point in the fture you would need to revert back to the original instalment amount although we have come across instances where the court have allowed the lower instalment to be paid indefinately. This process is known as a 'time order'. Please be aware a court is only likely to grant a time order if it is 'just' to do so - e.g. if it is reasonable.

 

We have a couple of fact sheets that you might find useful here:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=16_hire_purchase_debt

and

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

 

Best wishes,

 

National Debtline.

[pauly72]

Hi I don't think I have paid a third? I cannot find my agreement. My normal payment is 160 a month I rang up to propose I pay 200 a month until the 600 arrears are cleared but RCI said no contract terminated and they want the car back or 6000 pound which I don't have. If I have no car I can't start my new job. Surely there must be something I can do. Please advise me it's making me ill. I've a disabled son. I need that car.

[pauly72]

Ps I'm in northern Ireland.

[National Debtline]

Hi Pauly. The comment psted above was geared more towards Choccybiccy's situation.

 

As you're in Northern Ireland you may wish to seek free assistance from Advice4debt: http://www.advice4debtni.com/