Suspended Return of Goods Order - Car Finance/HELP

[ajk1211]

Inadvertently posted this on another subforum earlier so apologies for any repitition....

Hoping for some advice here regarding a suspended return of goods order i have been given by county court in relation to my now terminate car finance agreement
Brief background is that i feel into arrears with the finance company by 3 months and offered a repayment plan based on an increased monthly payment to settle the arrears and continue with the contract. This was not entertained and the next thing i know i received notice of a court hearing from a company called HL Solicitors who i presume the finance company sold the debt to. Again, i sent letters reiterating my proposal which were ignored.
I turned up for the hearing and the ‘agent’ from HL outlined they would be willing to accept a monthly payment at only £10 p/m more than what i initially offered the finance company! I queried why court was necessary to receive the reply that it was under the instruction of their client. Judge agreed with the proposal but outlined that i would be liable for £360 costs! (is this something i can contest given that i offered a settlement similar from the outset?)
Now, following the hearing on September 19^th i had heard nothing from the court even though i believe it was agreed my first payment would be 1^st October 2013. I had a couple of missed calls from the claimant but chose not to entertain telephone dialogue with them
This weekend i have now received a letter from the court confirming the situation and the agreed payment on the 1^st of the month, However, this letter is backdated to September and i have not paid the October instalment so i am somewhat concerned. I have retained the envelope however that thankfully is dated so intend relying on this if necessary.
To further compound my worries however, the car has developed faults that require fixing in order to ensure it remains roadworthy. This severely limits my disposable income and also my ability to pay this months instalment
As a result, if anyone has any advice on the best course of action with this situation please it would be much appreciated. I need to retain the vehicle for another 6-8 months until a CCJ falls off my credit record next year so intend on paying whatever is outstanding in arrears and handing the vehicle back

[FlamingParrot]

Re: Suspended Return of Goods Order - Car Finance/HELP

Is this the same issue as per your other thread? http://www.legalbeagles.info/forums/...ht=#post382466

Car finance is not my area of expertise but I'll see if Andy58 is able to help with this. :yo:

[ajk1211]

Re: Suspended Return of Goods Order - Car Finance/HELP

Hi FlamingParrot,

Indeed thats the very one, think that post has a little more detail however. Apologies if i am clogging up the forum unnecessarily. Never sure which part to use

Any help appreciated, thanks

[Guest]

Re: Suspended Return of Goods Order - Car Finance/HELP

I don't know if I can be of any help here FP.

The agreement is no longer active if the court process has begun, so the statutory protections under the CCA do not apply.
Basically the OP must do whatever the court says. I am guessing that the car is not worth anything like the sum still due under the contract ?
Which is probably why the creditor has not gone for repossession of the vehicle already, they will be chasing full repayment of the sum due under the contract.

If the first payment on the order has been missed and there has been no contact with the court or the creditor to explain why, i would suggest that this would be the first course of action, perhaps if some form of payment is forthcoming the may delay any action until the OP is ready to let the vehicle go.

[FlamingParrot]

Re: Suspended Return of Goods Order - Car Finance/HELP

Hi FlamingParrot,

Indeed thats the very one, think that post has a little more detail however. Apologies if i am clogging up the forum unnecessarily. Never sure which part to use

No worries, site admin have left just the one thread. I just mentioned it to avoid confusion when some may reply to one thread and some to the other one.

I don't know if I can be of any help here FP.

The agreement is no longer active if the court process has begun, so the statutory protections under the CCA do not apply.
Basically the OP must do whatever the court says. I am guessing that the car is not worth anything like the sum still due under the contract ?
Which is probably why the creditor has not gone for repossession of the vehicle already, they will be chasing full repayment of the sum due under the contract.

If the first payment on the order has been missed and there has been no contact with the court or the creditor to explain why, i would suggest that this would be the first course of action, perhaps if some form of payment is forthcoming the may delay any action until the OP is ready to let the vehicle go.

Thanks Andy! :yo:

[ajk1211]

Re: Suspended Return of Goods Order - Car Finance/HELP

Hi guys, thank you both for taking the time to respond

I am primarily concerned with the lack of written dialogue from the 'creditor', i can just imagine them going back to the court to let them know the payment hasnt been received for the first month. However as stated, i had not received anything following the hearing until a few days ago

Also the fact that the car needs repairs to ensure it's roadworthy is important and surely it is in the interest of the creditor that i do this? I am not trying to get out of paying as i recognise i owe the money, just try to get over this 'hump' until things are sorted and ultimately keep hold of the vehicle unril my credit rating improves and i can extricate myself from the agreement

[Guest]

Re: Suspended Return of Goods Order - Car Finance/HELP

Hi guys, thank you both for taking the time to respond

I am primarily concerned with the lack of written dialogue from the 'creditor', i can just imagine them going back to the court to let them know the payment hasnt been received for the first month. However as stated, i had not received anything following the hearing until a few days ago

Also the fact that the car needs repairs to ensure it's roadworthy is important and surely it is in the interest of the creditor that i do this? I am not trying to get out of paying as i recognise i owe the money, just try to get over this 'hump' until things are sorted and ultimately keep hold of the vehicle unril my credit rating improves and i can extricate myself from the agreement

HI ajk

I take it that the court issued a judgment, and this was not a hearing for a time order ?

If it was a Judgment then you should have made the payment as stated on the day, saying that you were waiting for confirmation in writing will not i am afraid be considered an excuse.

I presume that this is a standard HP agreement, if so the creditor will not care about the condition of the car, they will be a finance company.

Unfortunately you are liable for all sums under the contract irrespective of the condition of the car, if you had terminated the agreement prior to default and the court hearing you may have been able to hand the car back without further cost, but once the creditor terminates the original agreement, all sums due are liable less any money regained from the sale of the car.

[ajk1211]

Re: Suspended Return of Goods Order - Car Finance/HELP

Hi Andy, thanks for the reply

I think you have a point but without anything in writing, you can appreciate why i would be a little reticent as the hearing was something of a blur and not entirely easy to follow. Also, i am still more than disappointed that court was ever necessary given i had suggested a similar payment from the outset and the fact i have been given £360 in costs for the pleasure of this hearing does not encourage me to act in anything other than my own best interests where possible
So say i pay off the arrears and maintain contractual payments, have i lost the right to hand the vehicle back given that i have paid half the original agreement value?
Take it a time order is not available at this stage? Is a CCJ going to be recorded?
Thanks in advance

[Guest]

Re: Suspended Return of Goods Order - Car Finance/HELP

Hi Andy, thanks for the reply

I think you have a point but without anything in writing, you can appreciate why i would be a little reticent as the hearing was something of a blur and not entirely easy to follow. Also, i am still more than disappointed that court was ever necessary given i had suggested a similar payment from the outset and the fact i have been given £360 in costs for the pleasure of this hearing does not encourage me to act in anything other than my own best interests where possible
So say i pay off the arrears and maintain contractual payments, have i lost the right to hand the vehicle back given that i have paid half the original agreement value?
Take it a time order is not available at this stage? Is a CCJ going to be recorded?
Thanks in advance

You should have had a copy of the judgment and have been told exactly what you were required to pay. Do you have any paperwork at all from the court ?

The situation is that if they terminated the agreement then you cannot voluntarily terminate the agreement under the one half rule.

[ajk1211]

Re: Suspended Return of Goods Order - Car Finance/HELP

Thanks for the prompt reply

The only paperwork received was on 26th October which i believe constitutes the judgement (does this mean a CCJ?) However, 1st payment was due October 1st.

I note the letter was dated just after the hearing but i have retained the envelope from the court that is postmarked as 25th October to prove i have only just had this notice, not sure whether this is of any use mind

Well i had planned to keep the car for at least another 6 months but i did not realise it would be necessary to pay the whole balance of the oustanding finance to finally become 'free' of any further liable charges

[Guest]

Re: Suspended Return of Goods Order - Car Finance/HELP

Thanks for the prompt reply

The only paperwork received was on 26th October which i believe constitutes the judgement (does this mean a CCJ?) However, 1st payment was due October 1st.

I note the letter was dated just after the hearing but i have retained the envelope from the court that is postmarked as 25th October to prove i have only just had this notice, not sure whether this is of any use mind

Well i had planned to keep the car for at least another 6 months but i did not realise it would be necessary to pay the whole balance of the oustanding finance to finally become 'free' of any further liable charges

If it was a judgment it would say so on the top, and have the court stamp.

[ajk1211]

Re: Suspended Return of Goods Order - Car Finance/HELP

Will double check tonight and look at issuing the first payment additionally, thanks for the help, appreciated