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I have a friend who is in a bit of a pickle regarding a car on finance - although not through a major finance company, but it is a agreement under the CCA.

 

Basically, she stopped paying because she was out of work, get another job started paying again, then stopped again. I'm not sure of the amounts, but there is around £1,500-£1,700 still left on the agreement.

 

To cut a long story short, a money judgment was obtained for the arrears. During this time, she moved so never received any further communication regarding the matter for well over 18 months. Today, a court notice dropped on her mat with a Return of Goods Hearing for next week. She has not received any other paperwork regarding the hearing, no other claim form or admission form. I believe she should have received an N9C form stating what her intentions were.

 

The major problem she has (really stupid she knows) but she sold the car.

 

I can't find any definitive answers on what happens at such a hearing and the fact she did not receive any other papers seems a bit odd. She has a relative who can lend her the money to pay off the full balance outstanding under the agreement before the hearing, but I don't know if this will solve the problem or not.

 

I can't advise her as I can't really find anything out. She says it's impossible for her to attend the hearing with only 5 days notice and in any event she is working away for the next couple of weeks.

 

If there is anyone who knows anything about this procedure, I would appreciate your input. I have told her to contact the Court first thing on Monday and explain that she has not received the appopriate forms for her to respond to the claim and what she should do to try and get the hearing adjourned and tell them she is intending to the pay the claim in full.

 

Also, once the balance is paid in full, would this then make the ROG hearing null and void?

 

She is obviously really worried about this and any advice I can give her to put her mind at rest would be great. Thanks.

 

Any thoughts?

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Hi

 

When the friend moved did they inform the finance company of their new address? If not and as its the finance company taking court proceeding they would be served at the address the finance company hold for your friend.

 

Now what your friend need to remember the vehicle was purchased on finance and until fully paid off was the property of the finance company (but from what you wrote in your post I think your friend realises this now)

 

It looks like the finance company got a money judgement and as this was not payed the are now going for a judgement to have the vehicle returned to them.

 

This really isnt my area of expertise but please be patient as others will be along to help and give you advice.


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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defo contact court and get it postponed if possible, she must attend at new date or judgement will be granted.

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I have spoken to my friend today, and she says that she did inform all relevant people that she had moved. Not only that she had mail redirection in place for well over a year, so not sure why no other documents were not received.

 

Anyone got any more info re if payment is made in full, will this stop the other party proceeding.

 

Even the National Debt Helpline could not help her. In fact, they said that had never heard of this happening before! Usually companies just go for the money and then Bailiffs etc.

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Hi

 

Please be patient as its the weekend it may be quiet


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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suggest she speaks with them and find out value they are claiming, as car not available!

they may be adding other charges as its been so long, so until you know what they want you cant settle; however if she makes an offer and they accept no point in going to court!

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