payment failure - interpretation

**Amethyst** · 29th August 2019, 14:37:PM

Should be 14 after in this respect as it relates to repossession for failure to pay ( although I have seen before issues where payment has been made too early and counted as an additional payment rather than the monthly instalment ).

Is this on a Tomlin order or an order issued by the Judge ?

**Snowy85** · 29th August 2019, 14:39:PM

its a consent order - been sent to court to be 'sealed' i have 9 months left to pay but just want to be 100% sure that if its a couple of days late i wont have someone collecting my car!

**Snowy85** · 29th August 2019, 14:41:PM

sorry, just looked up tomlin order - guess its the same thing as consent order. new to this

**Amethyst** · 29th August 2019, 14:45:PM

Sorry, yes - Tomlin is a consent order.

What is the actual situation with the finance? Presumably you were in arrears, have already paid over a third, and they applied to court for possession - but you've come to an agreement with them to keep the vehicle and pay the arrears off and continue with the finance payments by installments ?

**Snowy85** · 29th August 2019, 14:55:PM

yeah pretty much exactly that - did apply for possession i dont think but we did agree a payment by instalments to keep the car - 9 payments to go! So your 100% on the 14 days after? thanks for your help

**Amethyst** · 29th August 2019, 15:06:PM

As certain as I can be from the limited quote off the consent order you've given.... really with any consent order agreement you are best to get yourself ahead of the payments while you can, then if something mucks up one month and you're late it's less likely possession would be granted.

Keep strict records of payments made - if you're paying by standing order ensure your reference is correct and the payments go out a couple days before they are due ( with such things I personally find having all my SO's going out the day after pay day is the best way to do it ) Was the 30th the standard payment date before the court proceedings? If it's going to be tricky ( say if you get paid on the 1st of the month ) you could have negotiated the terms of the Tomlin to ensure the payment date suited you … but sounds like you have already agreed to the terms of the consent order if it's gone to be sealed.

**R0b** · 29th August 2019, 15:17:PM

You might want to be careful with this one and perhaps err on the side of caution.

"within 14 of the payment falling due" could suggest that the payment due date is not excluded for the purposes of calculating time. If the words had indicated "within 14 days after the payment falling due" then the time for calculating the 14 days would start from the next day.

Also, "within 14 days" might suggest up to and inclusive of the 14th day or if you look at the dictionary meaning of "within" that provides the definition of "inside".

In short, "within 14 days" could mean before the 14th day or it could mean before the end of the 14th day.

Ambiguous at best, I think.

**Snowy85** · 29th August 2019, 15:41:PM

thanks both

AMETHYST - i tried to negotiate 15th of each month but that wouldn't budge
R0B - i wouldnt be going right upto the 14th day - perhaps a couple of days over

thanks

**Snowy85** · 3rd September 2019, 09:03:AM

Hi both. Urgently need some help please. With regards to the above, can you translate the attached into English please. Does this mean any missed payment means they can now recover the car? Thanks

Attached Files

**R0b** · 3rd September 2019, 09:11:AM

Plain English translated, it means wait for the order from the court to see what what woridng has been given. In the meantime if already agreed or adjudged by the court that payments are to be made by 30th then you should stick to that - going over it could land you in trouble and allow them recovery (if the order actually says that).

**Snowy85** · 3rd September 2019, 09:16:AM

Thanks. Problem is my payment was due 30th August and can’t pay until tomorrow! Is the car now recoverable? Thanks

**R0b** · 3rd September 2019, 09:27:AM

Well, if the consent order has the same wording you mentioned in your first post which is approved by the court, I can't see how they can recover the vehicle before the end of the 14 days even if it's on a public highway - that's because what you've given us doesn't say they can recover the vehicle from a public highway within 14 days after the paymnet date. It plainly states that the right to recover is only when the 14 day period expires (however you interpret that). Anything before would be a breach of the consent order, which is a contractual agreement.

As you've only given us an extract, we can only base our assumptions on what has been given. If you have a copy of the consent order it's best to see it in full in case there is something else in there that affects how this paragraph works.

**Snowy85** · 3rd September 2019, 09:30:AM

This is the full excerpt

Attached Files

**R0b** · 3rd September 2019, 10:23:AM

As I read that, it says they can basically enter your premises to recover the goods if the payment is outstanding after 14 days. Not so sure that would extend to recovering the car froma public highway as there isn't any mention of the right to do that and so it would fall to what the terms and conditions say.

I presume the agreement has been terminated by the creditor?

payment failure - interpretation