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Acknowledgment of service from county court

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I bought my car in july 2007 on a hp agreement, i was made redundant in nov 2007 i was unable to make the monthly payments until i got a new job. As soon as i had wages i started to pay again, i had informed the hp company. I began to get into arrears. I was back in work in early 2008 but was made redundant again april 2011. The loan company had try to increase the monthly repayments but i couldnt pay the amount and fell further into arrears. We made a new repayment at an agreed amount and i have been keeping up with all payments. I missed one payment in Sept 2012 and have paid all the others months. I had a letter from a solicitor saying the matter was in their hands. We left message on their voice mail to contact us and said payments had been made. We had no response from them until Friday 23rd Nov with a acknowledgment of service from county court on behalf of the hp company. the direct debits have been coming out of my account since the solicitors have had the case, and now im hit with the court. The car cost around £16k, ive paid £12k and owe £4k. Can the court allow my cAr to be taken off me when ive paid majority off, if they take my car can i get the amount ive paid them? How and what do i do to fight and keep my car, without my car i cant get to work etc.

Do i stop paying the direct debits or continue?

Any advice please ?

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Yes the car can be taken off you and no you wouldn't get the amount you've paid back. What would happen is that the car would be sold at auction and the amount recieved for the car would be taken off your balance. If there is still a balance remaining you would be liable for it.

 

If it's just one missed payment and all payments afterwards have been fine I'm sure if you can show the courts the reason why the payment was missed and your paying as much as you can afford s/he will look favourable upon you. It's more likely that the HP co are taking you to court to get a court order to ensure you make your payments rather than collect the car.

 

I would advise against stopping the direct debits as this may show lack of intent to pay for the car and may influence the judge's decision.

 

When is the court date? Who are the HP company and what have they told you they expect from the court hearing?

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Hi,

 

How much are you in arrears?

When you took out the agreement was you signed up to any insurances.

Do you have your statements and is there any charges that have been added to your account.

If possible could you scan up your agreement (misses your personnel details) so some one can look over it and add extra advice.

 

JJ

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