HP Arrears

[Just234]

I’ve fallen behind with payments and the finance company are threatening recovery action. They will not accept any offer of payment at all.
I’ve paid over half of my finance agreement. I’ve fallen behind 3 payments.
They are saying they can instruct recovery agent to collect the vehicle and they do not need a court date to get a court order to take possession of the vehicle. They are saying they can get a court order straight away.
2 things - can they report it stolen?
and can I submit a N440 to court to make an arrangement with the court for more time to pay.

[Pezza54]

As you have paid over one third of the agreement sum, your vehicle is legally regarded as "protected goods" under S90 of CCA 74
The finance company is not entitled to repossess the car without a court order

Obtaining a court order is not as straight forward as the lender makes out

Please read "Hire purchase debt" at www.nationaldebtline.org
In particular the info provided under the heading "If the creditor has to go to court"

You should receive a claim form from the court (application for a return order) along with a hearing date
You will need to complete and return admission form N9C stating you want the court to suspend the return order. You should state how you can afford pay the debt in monthly installments

If the lender accepts your repayment offer the hearing will be cancelled, otherwise it will go ahead