County court hearing tomorrow

[dj0nes]

Hello I was wondering if someone could provide me with some assistance as I have a court case hearing tomorrow where the creditor is asking for "Delivery up" of their vehicle and the remaining moneys owed.


A breif bit of background, the total agreement including interest is around £11k I've paid, including deposit, just over £3k so clearly under the 1/3rd rule. The agreement is a conditional sale.


Repayments were going fine for about a year then I lost my job and also in the meantime faced unrelated criminal proceedings against me to which helped keep me out of work and I also had to pay £2500 in total in fines on.


During this time I fell behind on my car finance missed a few months and was sent a default notice and then a termination notice.


Within this time my situation changed and I regained employment I offered them £1000 straight out which was 75% of the arrears and the remainder in two weeks which was my payday to allow me to continue with the agreement they declined in writing and said it was full arrears and then sign a suspended return of goods order or they'd proceed with court, I couldn't afford this so they went ahead with court.


The date is tomorrow for the hearing, I've also only had the paperwork for a few days as this was held up in the Christmas post so the court had to resend me some copies out.


But from what I've seen In their witness statement it says that they tried to reach an agreement with me over the arrears which they were "unable to do", this is clearly not the case as I have it in writing I either pay the full arrears or nothing, they would not physically accept my offer of £1000 which is a substantial amount of money to decline.


Long story cut short I've no one to blame for this but myself, I know I've paid under a third, I know it was me that didn't stick to the agreement so I am not looking to blame the finance company at the end of the day what I would like to know is, if there is any chance the judge will let me keep the car and settle the arrears?
I can clearly demonstrate I can afford the repayments and arrears now as my take home pay after take is always £2000+ so I could potentially clear the whole arrears as it stands today within a couple of months.


I've heard about people getting suspended return of goods orders in the court and being able to keep the car but none whereby the party has paid under 1/3rd?
Also a secondary question if I am ordered to return the vehicle how long have I got until they execute the warrant to come and get it (Will need to source a new car in the meantime).

I am just weighing up if it's even worth me taking a day off work tomorrow to defend or if I should accept that the car is going and wait for the return order to be executed and hope by that time I've sourced another car? Then yes I know there is also the issue of the outstanding monies after they've sold this motor at auction.

[nemesis45]

Re: County court hearing tomorrow

Hi Welcome,

It's a little late to try and formulate an offer that the claimant Might consider, you would need to come up with some cast iron proposals that can prove to be viable for the whole of the repayment period remaining.

A suspended order in my opinion with out the conditions stated above is unlikely.

A warrant could be executed within 24 hours some take while to be processed.

It is in the hands of the creditor so put your case!!

Good luck!!

nem.

[dj0nes]

Re: County court hearing tomorrow

Hi Nem.

Thanks very much for you're advice - I will go tomorrow armed with a proposal and proof that I can afford it and see what comes of that I guess.

Wow I didn't think the turnaround for recovery would be as quick as that, is that 24hrs for court appointed bailiffs to come to recover the car or for creditor to send round standard recovery agents who I was thinking would then need to apply for a warrant to be executed by court bailiffs could they not recover the car themself?

[stevemLS]

Re: County court hearing tomorrow

No, an Order to deliver up takes immediate effect, moreover it is an Order to you to deliver and for you to fail to do so COULD amount to a contempt.

However, if you go armed with your cheque book and offer to pay the arrears there and then AND show bank statements showing that you can afford to maintain the regular payments I think you would have a good chance of persuading the DJ to suspend any Order.

[I should add that I don't have any professional experience in this area, other than seeing a few cases over the years before my unrelated matter came on]

[nemesis45]

Re: County court hearing tomorrow

Turnaround really depends on the circumstances of the repo if the creditor has fears that the vehicle may be removed or hidden the faster it will be.nem

[dj0nes]

Re: County court hearing tomorrow

I am clutching at straws here I know but just reviewing their witness statement and it appears to my untrained eye they may have terminated off an invalid default agreement?

The reason I believe it may possibly be invalid is they've included their charges in the default sums due - I can't remember exactly where I saw information around this but I thought the default charges should be separate as they are effectively helping keep me in arrears otherwise?

[stevemLS]

Re: County court hearing tomorrow

I think you are right, you are clutching at straws.

It depends on the terms of the agreement, but in general if a charge becomes due, for example, for late/missing payments, it becomes due under the agreement and can be included in arrears.

It would seem to me at this late stage, rather than trying to be clever with technicalities (which should be been pleaded in advance in any event) you would be better off giving the assurances that you can deal with the arrears and will not default again.

Go early, you might even be able to persuade the other side to withdraw the application in advance of the hearing. Lawyers are often more reasonable to deal with than their clients.

[dj0nes]

Re: County court hearing tomorrow

I thought as much ha ha worth a go.
I am just going to go along tomorrow armed with Payslips, a realistic proposal, written proof that I did offer to clear a big chunk of the arrears off which was declined and just basically argue/beg to keep the car under a suspended order - it's all I can do at the end of the day.

Can't see the creditors lawyers wanting to accept that though as the car is still worth I estimate about £6k even at auction so I think my only hope will be the DJ.

[stevemLS]

Re: County court hearing tomorrow

Have you not now been able to gather/is there any way you can borrow off friends/family, sufficient to clear the whole of the arrears.

Without that, I think your chances are significantly reduced.

Best of luck anyway, let us know how you go on - and do try speaking to their lawyer before the hearing - you never know.

[dj0nes]

Re: County court hearing tomorrow

Hi All
Just wanted to come back with a little update I won, in terms of I got a suspended return order with the repayment terms I proposed.

Moneybarn (Creditor) wasn't having none of it when I offered before the hearing and instructed their solicitor to get the car back so all in all a small win for the little guy.

Back to work now so as I can earn to pay these lot off!

[stevemLS]

Re: County court hearing tomorrow

Excellent, really pleased for you, well done.

No matter about the pre-hearing chat, lots of things do settle at that stage and had only the solicitor been there (which often happens) it might have worked.

Well done again and thanks for letting us know.

[Nibbler]

Re: County court hearing tomorrow

Hi All
Just wanted to come back with a little update I won, in terms of I got a suspended return order with the repayment terms I proposed.

Moneybarn (Creditor) wasn't having none of it when I offered before the hearing and instructed their solicitor to get the car back so all in all a small win for the little guy.

Back to work now so as I can earn to pay these lot off!

Well done.

[dj0nes]

Re: County court hearing tomorrow

Thank you both!

They did send a self-employed solicitor acting on their behalf, from the papers he was handed by them he told me straight up they were only looking for one outcome and that was for delivery up and a money order.
He also said they were also concerned about the vehicle as I wasn't disclosing the location, bearing in mind I've paid under a third and that there are recovery agents actively looking for it, it wouldn't of been my wisest move I replied.

I explained to the solicitor what I was proposing in terms of upping my repayments to £500 a month until the arrears were cleared then returning to my normal repayments on a suspended return order and he put a call in to Moneybarn who again flat out refused.

I went in and spoke to the judge, was nothing like I was expecting it was just a small office like room and I just told her the truth, held my hands up and said the only reason we're here is down to me at the end of the day. I explained I had lost my job and was also undergoing criminal matters at the time which had kept me off work and that it was a dark period of my life.

I then explained that I had turned a corner in October time found a relatively well paying job and presented proof by way of payslips showing I can easily afford the repayments and arrears.

I said to her with regards to the location of the car, whilst respecting that it is the property of Moneybarn that I had moved it onto private property as otherwise it would be a sitting duck for their recovery agents but should I walk out of here with a return of goods order I would be handing over the car straight away.

I then went on to show I had tried to pay £1,000 which was refused by Moneybarn.

Judge went over the witness statement from the Claimant again, checked her jurisdiction and ruled that the return order is to be suspended as long as I keep to the repayments here on forward and that the money order was not necessary at this stage and hopefully never will be so she rejected that.

Thanks ever so much for the support you've given me here!
It shows that they can throw money at solicitors etc. And me being a layman in consumer law was just honest and presented evidence that I had tried to correct this situation before it reaching court and it was accepted.

[campb3]

Re: County court hearing tomorrow

Hi

Please forgive me, new to this site and was looking for some advise on moneybarn. My contract has been terminated and now they are going through the to court. I'm really stressed as I need the car for work and kids. I have paid a 3rd of the fiance and arrears due been made redundant last year August and started a new job this year Feb and 24th of August will be 6 months when my probation finishes and a pay increase. I have tried to speak with moneybarn many times and won't except my offer even thought I can afford now to pay my contractal payments. I'm in arrears of 2500 and won't except 130 on top of my contractal payments as the arrears had to be paid in 12 months. I'm really scared the court will be on moneybarn side and not sure what to write on the N224 form. Please help thank u

[FlamingParrot]

Re: County court hearing tomorrow

Hi

Please forgive me, new to this site and was looking for some advise on moneybarn. My contract has been terminated and now they are going through the to court. I'm really stressed as I need the car for work and kids. I have paid a 3rd of the fiance and arrears due been made redundant last year August and started a new job this year Feb and 24th of August will be 6 months when my probation finishes and a pay increase. I have tried to speak with moneybarn many times and won't except my offer even thought I can afford now to pay my contractal payments. I'm in arrears of 2500 and won't except 130 on top of my contractal payments as the arrears had to be paid in 12 months. I'm really scared the court will be on moneybarn side and not sure what to write on the N224 form. Please help thank u

Hi and welcome

You'll be better off starting a new thread so you can get help on there without getting mixed up with issues discussed on this thread as one tends to go back through the thread and read previous posts and obviously the ones made on this old thread wouldn't be relevant to your situation. :thumb: