Please help urgently

[croftymint]

Thanks for looking x

Black horse are taking me to court tomorrow because of arrears on my car finance.
They have refused my initial offer of £50 a month (temporary offer while i sort my finances out and get on track)
I took the finance in Oct 2009.
With all of their charges added they are now asking for £5,091.63 and told me i must pay £2500 immediately to avoid court tomorrow. The initial amount was for £10,740 and i have paid £6650.
They have sent me the particulars of the claim and attached is a photocopy of the original agreement which i have signed. However it is NOT dated and the "signature on our behalf" and date box are blank. The salesman obviously forgot to sign it.

So...
will this agreement be non compliant/unenforceable?
Any idea what the court is likely to do? I have forwarded them my income and expenditure, explained why i am in these circumstances and told them if i lose the car i lose my job (it is essential) If i lose the car i end up on benefits i want to work..
I would sincerely appreciate any advice

Thank you so very much for your help

[croftymint]

Re: Please help urgently

Oh i did phone a firm of solicitors but they wanted £250 just for an initial appointment. I just cant afford that

[Never-In-Doubt]

Re: Please help urgently

You've not spoken to our solicitors yet have you.... There is no £250 charge just to speak, that's for sure!

Wish you'd found us earlier. Check your PM's - I will feed you some info. Deal with it asap

[croftymint]

Re: Please help urgently

i cant even tell you how greatful i am x

[Never-In-Doubt]

Re: Please help urgently

Speak to Paul - call and email him asap - time is your enemy right now.

I have also text him to ask him to pop in

[SaltnVinegar]

Re: Please help urgently

Hi

Ok we are going to need a timeline of events in particular:

1) When you first stopped paying the loan
2) What has been sent to you from Black Horse? (e.g. termination letter)
3) What are they taking you to court for? Are they looking for a repossession order?
4) Have you offered a voluntary termination (NOT a voluntary surrender - very different things)
5) The loan was for £10,740 - was this the value of the car or the actual finance amount + interest?
6) Have you been issued an arrears notice?
7) You're in court tomorrow? Have you even submitted a defence?
8) What are the particulars of claim?

Unfortunately you have left it a little late so the options you have are limited. You could look at a possible UE aspect, but its going to be very complex, and tbh you don't have the time to learn the arguments that you MAY have before tomorrow. Personally I think you would be better off asking for a time order if Black Horse are looking for a 'return of goods order'

If this is the case then you can ask for this to be suspended on the condition you pay a fixed amount per month. This will typically be the normal monthly installment plus an amount per month to clear the arrears.

If you can't do this then you could also ask the court to make a time order if you're unable to meet the full installments. They then MAY make a court order allowing you to keep the car and pay off the agreement at the reduced amount sometimes even without stating they are making a time order.

You should have been sent an N1 claim form which will tell you if they are going for a return of goods order. If you fill in the reply form N9C which comes with the application ask for the return order to be suspended (which means you keep the car), and ask the court to agree to a monthly installment that is the maximum you can afford (and demonstrate so). You have to reasonably demonstrate this if you want to get a time order.

IF the court agrees then you will get a return order that is not enforceable as long as you pay the agreed installments.

I think because of the time you have left this will be your best option, although I hope others will come along who may be able to offer alternative solutions.

Best of luck
SnV

[Never-In-Doubt]

Re: Please help urgently

Regards the above - don't worry about that now, email Paul first - then come back to that.

Paul has replied to my text, just call/mail him asap

I'm sure Paul knows something about this, i.e. he may be able to get it sorted as he has had some good successes at car repossession cases of late

[SaltnVinegar]

Re: Please help urgently

Regards the above - don't worry about that now, email Paul first - then come back to that.

Paul has replied to my text, just call/mail him asap

I'm sure Paul knows something about this, i.e. he may be able to get it sorted as he has had some good successes at car repossession cases of late

Yes ring Paul - asap - you need good legal advise very quickly

[croftymint]

Re: Please help urgently

i have sent him an email now to try and answer all those questions :O

[Never-In-Doubt]

Re: Please help urgently

i have sent him an email now to try and answer all those questions :O

No No - call Paul, leave those Q's for now - seriously, you have more important things to deal with - we cannot help, Paul is your best bet at this late stage

[SaltnVinegar]

Re: Please help urgently

i have sent him an email now to try and answer all those questions :O

I'd wait and see what Paul says - his advice will be better than any I could give

[Never-In-Doubt]

Re: Please help urgently

I'd wait and see what Paul says - his advice will be better than any I could give

Likewise mate - I'd rather she spoke to Paul and then worry about this thread - for now, a solicitor is the best weapon.

[croftymint]

Re: Please help urgently

Hi

Ok we are going to need a timeline of events in particular:

1) When you first stopped paying the loan
dec 2012

2) What has been sent to you from Black Horse? (e.g. termination letter)
default notice and termination notice

3) What are they taking you to court for? Are they looking for a repossession order?

Yes "the claimant submits that a suspended order should not be made and that it would be just as equitable for an immediate return of goods order to be made ..."

4) Have you offered a voluntary termination (NOT a voluntary surrender - very different things)

ive not heard of either

5) The loan was for £10,740 - was this the value of the car or the actual finance amount + interest?

this was the total amount, car + interest

6) Have you been issued an arrears notice?

i think so

7) You're in court tomorrow? Have you even submitted a defence?

Yes i filled in the form i got with my court paperwork and hand delivered it back to the court. i explained my circumstances and that the car was essential to my job.

8) What are the particulars of claim?

(a) an order for delivery up of the goods as detailed (my car)
(b) the arrears of instalments and half total amount payable under the hire purchase agreement
(c) the costs of this action



Unfortunately you have left it a little late so the options you have are limited. You could look at a possible UE aspect, but its going to be very complex, and tbh you don't have the time to learn the arguments that you MAY have before tomorrow. Personally I think you would be better off asking for a time order if Black Horse are looking for a 'return of goods order'

If this is the case then you can ask for this to be suspended on the condition you pay a fixed amount per month. This will typically be the normal monthly installment plus an amount per month to clear the arrears.

If you can't do this then you could also ask the court to make a time order if you're unable to meet the full installments. They then MAY make a court order allowing you to keep the car and pay off the agreement at the reduced amount sometimes even without stating they are making a time order.

You should have been sent an N1 claim form which will tell you if they are going for a return of goods order. If you fill in the reply form N9C which comes with the application ask for the return order to be suspended (which means you keep the car), and ask the court to agree to a monthly installment that is the maximum you can afford (and demonstrate so). You have to reasonably demonstrate this if you want to get a time order.

IF the court agrees then you will get a return order that is not enforceable as long as you pay the agreed installments.

I think because of the time you have left this will be your best option, although I hope others will come along who may be able to offer alternative solutions.

Best of luck
SnV

ive answered in your quote box

[SA Gold]

Re: Please help urgently

Just wanted to pop in and say good luck with this.

[SaltnVinegar]

Re: Please help urgently

ive answered in your quote box

Thanks - after seeing above I think you definitely need to speak to Paul just because of the time constraint.