Repossession of goods - help!

[payingonlyencouragesthem]

I have just been sent a court note (doesn't look like a normal summons) because a lender has reactivated a case that was adjourned when I returned a car on HP to them. It says 10 minutes has been allocated for the hearing. The lender sold the car and is claiming costs due under the HP agreement of about £2,500 plus collection costs of about £1,000. I only borrowed £10,000 in the first place and the finance co. have now had £13,000 back after selling the car so they're just going after their pound of flesh:evil:. Will I likely be CCJ'd into paying the balance? Is the finance co. likely to take enforcement action? All advice greatly appreciated.

[Bailiffchaser]

Hi was the origanal case defeered or suspended or were they given liberty to restore at a later date if you defaulted on the court orders ?

[payingonlyencouragesthem]

I handed the goods back and offered monthly payments but the finance co didn't take me up at the time on that and had the case adjourned with liberty to restore. This was before any hearing took place so no court orders were made.

[Bailiffchaser]

How long ago was the original hearing and did you attend ?

[payingonlyencouragesthem]

There wasn't any hearing at all - the lender just adjourned with liberty to restore before the hearing due date (back in July) because I handed the car back. They auctioned the car off and are restoring the action to collect the outstanding amount plus collection penalties.

[Bailiffchaser]

Did the finance company get a court order to repo the vehicle ?

[payingonlyencouragesthem]

Nope. I did a voluntary surrender.

[Bailiffchaser]

I wold pm a moderator for further advice. As if the court had ordered the repo it would be diffrent but because you did a voluntary one. I do not know.

[payingonlyencouragesthem]

Thanks for looking into it. Sorry newby question whats the best way of pm'ing a moderator? Thanks.

[Bailiffchaser]

SEarch for moderator in the above search bar. look for barracad as he is a moderator. Also bookworm when you click their name you will have the option of pm them. If you found my advice helpful click my scales.

[payingonlyencouragesthem]

Thanks Karnevil!! The note reads thus:

 

TAKE NOTICE that the ADJOURNED RETURN OF GOODS HEARING will take place on XX February 2007 at 11:00 AM.

 

At xyz county court

 

When you should attend.

 

10 minutes has been allowed for the hearing.

(a load of guff about deaf / hard of hearing lifts out of order etc. follows then that's it)

 

As I said earlier the car has already been returned and the money they are chasing is about 60% charges and penalties. I have made them a settlement offer of a figure that excludes these charges.

[sequenci]

did you do a VT under the consumer credit act?

[payingonlyencouragesthem]

Yes but I had a load of arrears - that's the other 40% they are after. I know, if I had VT'd immediately I'd have been off the hook.

[69d]

In Nov 2006 i purchased a vehicle from a Volkswagen franchised retailer for £24000,i purchased the vehicle on hp through Volkswagen finance uk,i have since found out in (Dec 07) the vehicle supplied is not the vehicle i have been paying £500 a month for,it is not the correct model,the specification i paid for was an se sport but i have been sold a standard vehicle with options,it clearly states this on the invoice and the contract i signed,Volkswagen have also indicated in writing i have been provided the wrong vehicle but they state i have now signed the agreement,i cancelled my direct debit in March and told them i have repudiated the contract as it is not legally binding,they say i have no right to do this,i stated i want to be brought back to a pre contract state i.e all money back from the date of contract which is upto now £9000 which includes my deposit,they have failed to report any default on my credit report for 3 months missing payments,because i threatened them if my profile was damaged i will sue for damages, i have an a1 credit rating and never missed or defaulted in my 40 years,they have failed to respond to my demand of the £9000, yet they have not taken the car even though i have insisted they get a court order to reposses,or when i receive the cheque for the money they can have the car.The dealer that sold me the car has offered me £16500 to buy the car back leaving me with £3000 outstanding on the finance,or a cash offer of the difference between the 2 vehicles to which i have refused. this has been ongoing for 6 months Any advice would be greatly appreciated

Edited May 30, 2008 by 69d

[69d]

Yes Dotty you can PM me if you like