Court claim against me by Finance Company

[ncf355]

Thread move to here and merge?

Hi all,

I've got a thread going on a court case that I need urgent assistance on (court in a few weeks)

HERE

could the thread be brough here (as its more appropriate) and merged please, so I can receive more comment?

Thanks!

[di30]

Re: Thread move to here and merge?

Hiya

Hopefully someone will be along soon and advise you on this who has experience, but it does seem to be the appropriate thread, but what about VIP perhaps as well?

[ncf355]

Re: Thread move to here and merge?

Hi,

yep, its in there as well, but didnt get any response

:tinysmile_cry_t:

Thanks Di

[Celestine]

Re: Car repossession - Default notice invalid?

Thread moved and merged x

[ncf355]

Re: Court claim against me by Finance Company

Cheeeeers!

[ncf355]

Re: Court claim against me by Finance Company

Anyone?

[Judge mental]

Re: Court claim against me by Finance Company

As you have paid more than a third, they need a court order to remove it from your property.

If you want to keep the car the court has 2 options -

a) a return of goods order which is suspended providing you maintain future payments plus an amount off the arrears.

b) A time order, where the court will reduce the amount of instalments, effectively changing the terms of the agreement. If this is a route you wish to follow you should serve on the creditor a notice of your intention to request a time order along with what you propose for future monthly instalments.

To ask the court for either option you should complete and return the form N9C which should have been included with the pack from the court.

One other thing to note, creditors often wrongly (in my opinion) appoint bailiffs to recover a vehicle under a 'return of goods order'.

A return of goods order is exactly what it says, an order from a court for you to return goods, there is no provisions or authority for a creditor to forcibly recover.

If you fail to comply with the order (do not return the goods) the creditor can enforce a return of goods order by a applying to the court for a writ of delivery ( or a writ of specific delivery if the writ does not offer the option of paying the amount due). This then enables an enforcement officer to seize the goods.

A creditor who seize goods under a 'return of goods order' would be in breech of section 90 of the CCA (in my opinion) the consequences of which are that the agreement is terminated and the debtor can recover all sums paid under the agreement.

Stuart

[ncf355]

Re: Court claim against me by Finance Company

Interesting point, thanks Stuart
------------------------------- merged -------------------------------
What about the validity of the DN including unlawful penalty charges?

[TUTTSI]

Re: Court claim against me by Finance Company

Any updates NCF?