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Blackhorse HP Car Agreement - after the car by court? HELP!!!


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Hi Folks

 

My son has received a Civil Bill stating that legal proceedings have been issued against him

and he has 21 days to respond to these proceedings (letter dated 9th October).

The arrears are for £1200apprx.

 

He needs the car for traveling to University!

 

Any help or advice would be much appreciated.

 

Doc

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Hi, who is the finance company and is it an HP agreement ?

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OK, when was the agreement taken out ? has your son paid more than one third of the total ?

 

Also what so you mean by Civil Bill ? has he actually received a court claim form for possession of the vehicle ?

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Has he actually received a court claim for possession of the vehicle, or a letter threatening to take him to court. They can't repossess the vehicle without a court order.

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we're in Northern Ireland .....he received a letter from the solicitors acting on behalf of BH and this is what it says...." We enclose herewith a civil bill for your attention by way of service....Please note that this document means that legal proceedings have now been issued against you and you have 21 days to respond to these proceedings. Failure to do so could result in a judgement being obtained against you which will affect your credit rating. therefore we would respectfully suggest that you seek legal advice in relation to this."

 

The other attached form (which is a legal document) states at the top of it "Ordinary civil bill order 5 rule" it says it's between BH and My Son

 

"The defendant is hereby required to appear at the Courthouse on a date and a time to be notified to the parties by the chief clerk to answer the Plaintiff's claim for an order that the Plaintiff to recover against the defendant and that the defendant do return to the Plaintiff the Plaintiff's goods (herein described) being the goods in a Hire Purchase Agreement(particulars whereof are hereinafter set forth) and wrongfully detained by the defendant."

 

It hen goes on to state how much the arrears are for etc....

 

There is a heading "Warning" which states "If you wish to dispute this claim against you within 21 days after service of this civil billon you, a notice of intention to defend these proceedings in Form 42 must be served on the Plaintiff and a copy served on any other party to the proceedings and a copy delivered to the chief clerk at the courthouse. If you fail to serve such a notice the plaintiff may proceed and obtain judgment against you in your absence and without further notice"

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OK, understand now. How many payments has your son missed? is he able to pay off the arrears or offer monthly payments ?

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OK, understand now. How many payments has your son missed? is he able to pay off the arrears or offer monthly payments ?

 

I think it's about 4 missed payments.

He's a student , works part time at weekends may not be able to pay much off of the arrears, he will try and pay the normal monthly payments.

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He will need to offer the normal monthly payment + something towards the arrears each month if he is to persuade the judge to let him keep the car. If he were able to pay the whole arrears then they cannot go for possession. Is the £1200 the total arrears or are there charges added to it.

 

How long has the agreement left to run ?

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there most likely are a lot of charges on the whole agreement as this is not the first time he has missed a few payments. He has requested and SAR to highlight what extras have been added to the agreement.I think he has a further year to run!

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OK, he will need to pay off the arrears over the remaining life of the agreement and at £1200 that's an extra £100 per month on top of the normal monthly payment - would he be able to do that ?

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  • 1 month later...

Hi all,

 

Update on the BH case, they have filed for a court date and have given me 30th Dec, I am wondering if I voluntary terminate the agreement will this therefore void the court date as then they won't have a car to repossess?

 

I wrote to them about 3 weeks ago and received a response on Friday just past declining my offer to pay the arrears and to keep up the monthly payments. They declined due to my payment history, so they are going for repo, arrears and charges.

 

Any other advice you would like to offer would be great!

 

Gavlar23

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For this to have got to the stage where court action has been taken BH will have terminated the agreement. You will not be able to VT as you cannot ask to terminate an agreement that has already been terminated.

 

I have never been made aware of my agreement being terminated, surely they are required to let me know this type of information!?

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I've just read my SAR request and this says it's been terminated, what would be the best steps for me to take seeing that this seems to have been terminated by them?

 

Making arrangements for collection before court date?

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