Cabot/Mortimer claimform - old British Credit Trust Car HP Agreement - stayed - Now +3yrs N244 for summary Judgement - Statute Barred?

[wannabedebtfreesoon]

Don't worry you do still have options, it does depend on what you would like to achieve as the outcome though, then we can take it from there.

 

As long as the agreement is regulated by the Consumer Credit Act 1974 they cannot repossess without a court order if you have paid more than a third or the car is parked on your property.

 

It looks like they have defaulted and terminated which is fine, but if you make any payments AFTER the default they will have to start the process all over again.

 

You can write to them and try to reach another agreement or you can apply to court for a time order to allow you time to pay until your circumstances improve and stop charges.

Alternatively you could wait til they take you to court and then ask the judge for the time order at that stage.

 

You do need to be 100% sure you have paid the third though, if there were any insurances on the agreement this will affect the total amount you have paid towards your third so double check first.

 

It would probably be a good idea to scan and post up your agreement and the default notice, minus any personal information, just in case anybody can spot any discrepancies.

 

Beware of BCT they have been known to repossess without a court order before now and ended up in court. I doubt if they've learned their lesson and don't seem to be a very reputable bunch! Although if they do repo without a court order you will be entitled to all your payments back and they will be entitled to a lot of bother!

[travelboi]

Thanks - only just got your reply.

In the meantime i have written to them explaing my financial situation and offered token payments of 50quid a month until the new year when my situation will have improved a great deal ( loans paid off etc)

They have ignored this letter, and sent a letter of termination saying i need to call them to arrange repossession. I have had the agreement since jan 2007 and was due to end in jan 2012....

 

dont know what to do....

[wannabedebtfreesoon]

Hello, like I said earlier you really need to be absolutely sure that you have paid over a third on the agreement and that it was definitely a regulated agreement.

 

If that IS the case then they can only repossess after getting a court order. As your situation is likely to improve in a few months you may be able to get the court to grant a time order where you can make reduced payments and have the interest frozen until you can resume full payments.

 

You will have the opportunity to do this if they apply for a court order or you can just apply direct to the court before they take any action.

 

Did you ever sign a modifying agreement??

[travelboi]

hi no i never signed any other agreemtns

have def paid a third

im getting worried now - they didnt respond to my letter offering gesture payments until the new year

i really dont want to be going to court!

what can i do - any letters i can send?? arrrrgh!

 

 

[travelboi]

hi there

 

can anyone provide me with any letter templates to request a statement detailing all my account transactions please?

 

I took out a HP agreement with these in jan 2007 and last sept i mader an arrangement with them as i couldnt afford the payments.

I have been paying them monthly 50.00 for 12 months - the agreement has now finished but i am still in a situation where i cannot afford the total monthly payments.

i have paid 7200 off the original 10,040 to date, but they are saying i owe them over 4k still

they have charged me for several letters, sometimes £75 a time and are now asking for the total arrears on my account (2500 ish) or they will repossess the vehicle, which i need for my job,

 

thanks

I just want a copy of a statement so i can take it to the CAB to see where i stand

 

thanks

[Gaston Grimsdyke]

You could just ring them up and ask for a statement of account, they are unlikely to refuse. If they do, you just need to write to them asking for the information required by section 77 of the Consumer Credit Act 1974 and enclose the statutory £1 fee. They can't repossess the vehicle without a court order btw.

[travelboi]

hello there

sorry in advance if this sounds long winded.

 

I have a car on HP with British Credit Trust

The agreement was taken out in Jan 2007 over 5 years

 

Last Aug time i found myself drowning with debt, so i contacted and made arrangements with all of my creditors.

 

I had an arrangement put in place with BCT reducing my repayments from £173 to £50 for a period of 12 months, starting oct last year.

I had a DEFAULT notice off them in AUG last yr saying i had paid £6737 of the agreement to date. (Total agreement is approx £10,040 - which means me owing £3,300ish)

I have paid £50 a month for the last 11 months - so another £550 .

I have had a letter now demanding the arrears and they have sent me letters which have been charged for, between 25-75 quid a time, and it states an outstanding balance of over 4k??!

 

I am in a situation where i cannot afford to repay anymore than the £50 a month, but am now scared of the vehicle being repossessed.

I am never going to pay this debt off at this rate, with all there charges etc, BUT i need the vehicle for my job.

 

What can i do?? arrrrrgh!

 

can someone please advise me on this?

 

i requested a copy of the agreement and statement of account

they have only sent me 2 pages of the 4 page agreement

 

the soa has got 1006.00 worth of charges

- 18x £25 letter fees

- i have not received 18 letters off them

3 x£75 letter fees

£237.50 repossession fees in april

- i have the car sitting outside my house

 

as well as many late payment surcharges as their website is crap for crediting payments.

 

None of my arrangement payments are on the statement of account that i have been paying monthly

- there is just 9 payments of 50.00

all made on 13/10/2011

followed by a £90 one on the same date!

- i havent made any payments on the 13/10/2011!

 

I have queried the charges now and the payments but no response.

What do i do?

where do i stand?

 

pls help

[travelboi]

Hello: just looking for some advice.

 

i received a court claim off Cabot a couple of years ago (just over 2 years) for an old HP agreement.

The claim was received a couple of months before the debt became statue barred.

 

i filed a defence for the claim as they couldn’t provide me with the requested documents. The claim was stayed. 

I have now received letter off MC solicitors (as they provided copies of agreements now 2 years later) with a tomlin order asking me to pay by instalments or they will apply to have the stay lifted and summary judgement. 

Do I sign up to this tomlin order or shall I risk them applying for the stay to be lifted?

Seems like they didn’t have the docs to start with but issued a claim to delay the SB status of the debt. 

also, the particulars of claim would need to be changed as they originally stated it was a loan, but it was a HP agreement. 

many thanks for any advice. 

[AndyOrch]

Before we could advise to agreeing to a Tomlin order we would require details of the debt and court claim and documents provided so far.

 

If you would read the following link and then copy the Q,s and your responses back here so we have some history of where you are at now.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-claim-issued-in-england-wales-what-you-need-to-do-updated-jan-2019/

 

 

Regards

 

Andy

[dx100uk]

an HP agreement is a loan.

can you also scan up the documents they have sent you to ONE multipage pdf

read upload guide carefully

who says its enforceable ??

lets see the bogroll please

dx

 

[travelboi]

It won’t let me upload the documents are they exceed 4.88 MB and I’m not very good at technical stuff

[dx100uk]

Read upload and use pdf reducer sites listed there

[travelboi]

2C5C9B0F-B74E-4A5B-AA95-1DAA7CBC9147_merged-1.pdf

Hopefully that is ok?

[AndyOrch]

Where is the Tomlin Order ?  Have you paid over a third of the price ? Do you still have the vehicle ?

 

The particulars of claim must be amended...whether you agree to the tomlin or not.....that will cost them an further application fee and you dont get charged £75 for being issued a termination notice...
Andy

[travelboi]

I don’t have a copy of the tomlin order - it is at home and I’m away for a few days at the moment. It’s one that MC have written up to send to the court to sign off or something. I haven’t sent it back yet. 

 

Thing is I don’t want a CCJ. 
They have offered me a discounted tomlin order of around £2800 as their final offer.

the vehicle broke down when I was on the motorway years ago as it was scrapped. 
(Before the agreement had finished - but BCT had gone into administration at that point)

[dx100uk]

that all makes more sense now,  BCT, Worchester finance or Thames credit rarely had any water tight enforceable agreements.

[travelboi]

So what do I do? Risk letting them apply for the stay to be lifted and summary judgement or agree to paying them via tomlin order? 
Thanks 

[dx100uk]

stop paying IMHO.

 

there are numerous MC SJ threads here and I don't think they follow thru with any of them

can we clarify, the SJ etc also states 'and to strike out you defence'? too.

 

that way you'll be able to put in a new defence should it ever happen and I think you now have enough evidence to buff it away.

 

just musings.

 

dx

[travelboi]

Sorry what’s SJ?

i am not paying at the moment.

i haven’t paid anything since 2013 to British credit trust. I’ve never paid anything to Cabot. 
They just issued a court claim 2 years ago which I defended due to no paperwork, they have now sent the paper work as attached earlier and are saying they are going to apply to lift the claim.

i really don’t want to risk a ccj as want to apply for a mortgage within the next 18 months. 
 

What evidence would I have for a defence again now they have provided the paperwork? 
sorry for all the questions

 

[dx100uk]

SJ = summary judgement

 

as you've not paid since 2013 , then if the court claim had not been issued to stop the SB clock, the debt would be statute barred now also, another plus.

 

what you have in your PDF above is a begging letter

it does say will anything

pers i'd ignore them until/unless the COURT contacts you that they HAVE started the process to lift the stay.

 

 

[travelboi]

 

If the apply to lift the stay though with a Summary Judgement don’t I automatically get a CCJ?

[dx100uk]

god no.

very far from it.

 

 

 

[travelboi]

Ok thanks. 
I can’t do anything until the weekend anyway as Im not at home. I could attach the tomlin order they have asked to sign.

can I still agree a tomlin order/mediation after they apply to the court to lift the stay if They have already offered one?

[AndyOrch]

9 hours ago, travelboi said:

Ok thanks. 
I can’t do anything until the weekend anyway as Im not at home. I could attach the tomlin order they have asked to sign.

can I still agree a tomlin order/ mediation after they apply to the court to lift the stay if They have already offered one?

 

Normally no they withdraw the offer....if they do make application to lift the stay..it follows they also request summary judgment/strike out your defence...you can fight it by submitting a statement in response and objection...assuming you have valid objections...? if not I would seriously consider the Tomlin Order if your looking to mortgage.

 

I will check it for you if you wish to redact and  upload

 

Andy

 

 

[travelboi]

Oh I don’t know what to do now as conflicting information