Car Repossession but I Have Paid in Full

[AWITP]

Hello,

This is my first time posting on here so thank you for any advice and apologies for any mistakes.

Today I received a Summary Cause Summons for Action of Delivery from the Sheriff Court. This is in relation to a vehicle finance agreement. I took out a PCP deal in 2018 but in 2021, I was unable to pay the ballon payment in full. The creditor agreed over the telephone and via letter to accept me clearing the balance via monthly payments. This has been the case ever since. However, following a missed payment from me, I received a letter advising that I must make my usual instalment within seven days or they would seek court action without further notice. I did not make a payment until 14 days after the letter was received as I am currently on a clinical placement and did not see the letter in time. I then panicked and, on the 16th of this month, I paid the outstanding amount in full via bank transfer which has been accepted and acknowledged by what seems to be their automated email service. The date of the court paperwork is the 17th.

The issue is that today I received the court paperwork and it states that they are requesting the vehicle be returned. Has anybody every heard of a situation like this? Can they demand the vehicle is returned despite me having paid the arrears?

Thank you for any advice

[AWITP]

Just in case anybody reads this, the finance company have also used a quite intimidating “Ordinary Cause” procedure rather than the “Simple” process. This seems odd to my uneducated mind as the outstanding balance at the point of the court paperwork being sent was only £1300 (I had paid £12k)

[DE DOGS]

Many moons ago I had a similar problem. I had purchased a car on what I now know was not a normal finance agreement,(seem to remember lease) I had paid all payments as due, and coming to the final payments, from memory three payments left to pay, the finance company then stated as I had been "late" on one payment, they wanted the car back and were now reposing it, I very quickly paid the balance, two days later they had taken it overnight, I called the Police, not our problem, so I phoned the finance company, proved I had paid in full, the car was returned and left on the main rd. As to your problem, I believe as you have paid in full they would have a hard job convincing a Judge that you owe anything.

[AWITP]

Thanks. My main worries are that they might say “you didn’t pay the outstanding balance until we started court proceedings, and it’s only the car we want now, not the money”. The reason I’m worried about this is that the “ordinary cause” paperwork does not mention anything about them asking for a sum of money, only for recovery of the vehicle. I will certainly attempt to contact them
again next week but I’m genuinely thinking they might say “your too late, we want the car back” and either refund me the £1300 payment I made, or try to claim it as expenses or something like that at court…

[atticus]

Finance companies always want money.