Return of Goods Hearing - do courts take circumstances into consideration

[TillyGT]

Hi

Hope someone can help.

I bought a car in 2009 on finance.Paid every month till I lost my job in May 2012. Continued to until money ran out. Got another job where own transport is essential but less than have my previous wage. I advised GMAC I wwas struggling with the payments but they would not set up an arrangement.

 

Cut a long story short, my friend/partner offered to settle the finance, fix the car and sell it on to claw back his money. He was also going to provide me with another vehicle to get me to work and back. He called the finance company who said fine, but needed my authority. I called up 48 hours later only to be told that a new law had just come in today and a third party can no longer settle any finance. My only hope of settling this mess gone. I rang a few times but got nowhere with GMAC who stated that only I could settle the account. They have now proceeded to court to repossess the vehicle which will mean me losing my job as I do not have any other mean of travel and public transport does not run from where I live to where I work.

Will the court take into consideration my offer to settle that was rejected (by fabrication as I have never been able to find such a law that was passed on 9th November 2012) and my circumstances. Or am I wasting my time disputing. I feel that GMAC have treated me unfairly and done everything to prevent me settling with them. Initial finance was £18,000, now owe £4600. Do I stand any chance at all.

[Ell-enn]

If they do issue court proceedings you can defend and ask the court to allow you to make payments going forward - as you have already paid for almost 4 years I cannot imagine the court allowing GMAC to repossess the vehicle.

 

Couldn't your partner transfer the money into your account and you then pay GMAC ?

[TillyGT]

Hi

Thanks for your responce. My friend was settling the amount on his company credit card the fixing and paying the creit card off when he sold the car.

 

GMAC have issued proceedings.. Date set for April 8th. Is it worth me giving me side of the story?

[Ell-enn]

Yes, you should definately defend their claim. Did you receive a defence form with the claim? if you need help with drafting a statement for it please let me know.

 

Do you have proof of all the payments you have made on this agreement (you should get annual statements fro GMAC)

Do you have copies of any letters you sent to them advising of your problem with payments - and also any letter from them refusing to set up an arrangement?

[Gaston Grimsdyke]

It is not unreasonable for them to refuse a third party credit card payment. It's a well known tactic of fraudsters to use stolen credit cards to pay off someone else's finance in exchange for a vehicle, then sell the vehicle on. Turns a stolen credit card into cash. So that won't be a defence for you. Can you pay the balance by instalments?