Need Help in court this morning

[starz 61]

Hi

Urgent help needed in court today

My husband had a conditional sale agreement for a new Citroen total amount £18,665.50

Interest charges £3,500.50

after paying them initial sum of £2,341.70 then monthly payments of £270.48, then served with default notice when husband was taken ill and could not work anymore.

We had paid £10,280.62 off it, anyway to cut a long story short they also come and repossessed the car last Sept.

They sold it and now Blakemores solicitors are taking us to court in May for the remainder owing around £3,500, any help or advice would be very much appreciated?

Offered £5 per month they refused as it would take 61 years to pay off.. what can I do???? We are on benefits and cannot afford more as we have a mortgage I am scared they will bring our home into account. also can I reclaim any charges from them

[Esio Trot]

Not sure I understand your situation yet, so you might need to clarify.

 

You say you are in court today, then Blakemores are taking you to court in May. Are these the same or different cases?

 

If today, or if you have been notified of a claim in the future, to get best advice you need to flesh out the details. Give the exact wording on the court summons. Give dates you last made a payment etc.

 

One thing you should really consider is to start making your £5 payments NOW. If you are making payments, it is much more difficult for the lender to start an action, particularly if you have written to them saying this is the most you can afford. If you pay nothing until the court date, you won't have much sympathy from the judge.

[starz 61]

Hi Esio

I am in court this morning after them being paid almost £10, 500 for a car we had on finance husband was taken ill could not afford to pay £270 per month after a court hearing Apr 06 could not keep up payment arranged at court and they repossed the car sold it at auction for £4,725 leaves a shortfall of £3,706.63 with admin fees auction fee etc court costs etc.

I asked them end of april by letter to write the remainder off or at least if they cannot do that accept £5 per month, I received a reply this morning saying they cannot accept it and they will attend court to reclaim the £3,706.63 shortfall. I cannot afford it as we are on benefit.

[starz 61]

Also did write direct to citroen before Christmas did not hear back till they put me in court.

[lookinforinfo]

Starz, I am sorry I have only just seen your post.

If your loan was either a Hire Purchase agreement or a Conditional Sale one,

then once you have paid at least half the original loan amount, then you are

not required to pay any more. You should refer the Court to the Consumer

Credit Act 1974 section 100 where it states that quite clearly.

 

 

100.—(1) Where a regulated hire-purchase or regulated conditional sale agreement is

terminated under section 99 the debtor shall be liable, unless the agreement provides

for a smaller payment, or does not provide for any payment, to pay to the creditor the

amount (if any) by which one-half of the total price exceeds the aggregate of the sums

paid and the sums due in respect of the total price immediately before the termination.

(2) Where under a hire-purchase or conditional sale agreement the creditor is

required to carry out any installation and the agreement specifies, as part of the total

price, the amount to be paid in respect of the installation( the " installation charge")

the reference in subsection (1) to one-half of the total price shall be construed as a

reference to the aggregate of the installation charge and one-half of the remainder of

the total price.

56

(3) If in any action the court is satisfied that a sum less than the amount specified

in subsection (1) would be equal to the loss sustained by the creditor in consequence

of the termination of the agreement by the debtor, the court may make an order for the

payment of that sum in lieu of the amount specified in subsection (1).

(4) If the debtor has contravened an obligation to take reasonable care of the

goods or land, the amount arrived at under subsection (1) shall be increased by the

sum required to recompense the creditor for that contravention, and subsection (2)

shall have effect accordingly.

(5) Where the debtor, on ,the termination of the agreement. wrongfully retains

possession of goods to which the agreement relates, then. in any action brought by the

creditor to recover possession of the goods from the debtor, the court, unless it is

satisfied that having regard to the circumstances it would not be just to do so, shall

order the goods to be delivered to the creditor without giving the debtor an option to

pay the value of the goods.

[sequenci]

Starz, I am sorry I have only just seen your post.

If your loan was either a Hire Purchase agreement or a Conditional Sale one,

then once you have paid at least half the original loan amount, then you are

not required to pay any more. You should refer the Court to the Consumer

Credit Act 1974 section 100 where it states that quite clearly.

 

 

This simply isn't possible.

 

As there was a default notice served and subsequent repossession the debtor's right to voluntarily terminate the agreement under s99 cca 1974 stops.

[starz 61]

Hi everyone

Just got back from court told judge info and gave him budget sheet told him I have £5 per month to spare and he said "I cannot pass a judgement for £5 and please contact them to come to some arrangement" what does this mean in reality?? Has he wiped his hands of it?? and what do I do now? Any suggestions.

[sequenci]

er, i'm really not sure.

 

did the judge order a judgment at all?

 

if he did was it a forthwith?

[starz 61]

He said I cannot do it for £5 it would take 61 years to pay back and I would advise you to contact them and come to some agreement thats all he did not say to me you must pay x amount just get in touch with them!!!

[sequenci]

what judgment did he grant instead?

 

this is really, really important.

[starz 61]

nothing just told me to contact the other party and come to an arrangement to pay

[sequenci]

nothing just told me to contact the other party and come to an arrangement to pay

 

is the case stayed? struck out? do you have to go back?

[starz 61]

did not ask me to go back and he did not order me to pay anything, he spoke a lot of Solicitor jargon to the other guy he said I am not adding on the extra costs you want for admin etc then he said to me, you must contact the other party to arrange something???

I am lost maybe they will send something in post to confirm??

[sequenci]

did not ask me to go back and he did not order me to pay anything, he spoke a lot of Solicitor jargon to the other guy he said I am not adding on the extra costs you want for admin etc then he said to me, you must contact the other party to arrange something???

I am lost maybe they will send something in post to confirm??

 

i hope so! this sounds really peculiar. i am correct in assuming todays case was the case to consider the claim and not a hearing to try and vary payments?