Anyone??

Hope someone can help, Finance company obtained a suspended ROG order for the car, I fell behind with th epayments and this morning they have appeared to repossess the car. I remember reading somewhere that they cannot take the car unless they are a court baliff and have a warant of delivery, is this correct? They took the car, I still have the keys? Need help with this one quickly Thanks

Morning all, I could really do with some help in beefing up my defence with this. Court date scheduled for 2nd August. Got statements from BCT solictors today. I checked my bank account and they haven't set up the standing order, so the June payment hasn't been paid. I have sent a cheque for the June and July payment today. Will the late payment go against me in court? Hope someone can help me out with this, I'm starting to get worried!!

Anyone tell me if what I've written above is OK, does it need anything else? Are there specific court papers teh defence needs to be filed on?

Can't post up the agreement, but the details on it are as follows: Cash Price of vehicle (including VAT): £6599 Deposit £1000 Total charge for Credit £2393 Arrangement Fee: £240 Option fee £120 Interest £2033 The original copy of the agreement I have hasn't been signed by anyone other than me. 48 payments of £164

thanks for that, I can't post up the agreement at the moment,as my scanner is not working, I'll try and do it tomorrow morning. What parts of it could be unenforcable if not correct? Also does the defence need to be worded specifically on a specific court form, or would a typed A4 sheet be ok with the reference numbe on it? So far my defence consists of: 1. The complainant has not adhered to pre-action protocol by issuing the defendant with a termination notice. The defendant puts the complainant to proof that such a notice was sent to and received by the defendant. 2. The complainant has already attempted to re-possess the vehicle from the defendant, despite having no legal power or right to do so and at that time failed to advise the defendant of his legal rights under section 129 of the CCA to apply for a time to pay order. 3. The defendant is currently in the process of issuing a claim against the defendant for levy of unlawful administration charges and mis-sold Payment protection insurance. 4. The claimant has agreed to the defendants re-payment proposals and in light of this, the defendant questions the need for this hearing.

Thanks I'll go down that route. Is there a specific court form that I use or should it be done on A4 with teh case reference number attached? Also is there a specific way to word it or should it be a general statement type of document?

They want a return of goods order, although when they agreed my payment offers they said they would be seeking a suspended order, but the paperwork from the court is for the return of goods

Hi all, apologies for not requesting this sooner but my computer has been bvroken. Received court papers and acknowledged service stating that I intend to defend. Problem I have now is that my defence needs to be with the court by Friday and I have absolutely no idea how to word it. I am basically defending on the basis that: 1. I never received a termination notice (despite one being attached to the court papers) 2. The charges levied on the account are unlawful 3. Mis-sold PPI 4. They have also agreed a repayment schedule but only if they getr a suspended return of goods order, yet they are not asking the court for that order The amounts for the PPI and the charges are way in excess of what they allege my arrears are. Any help with this would be greatly appreciated as I think I am way out of my depth here and don't want to get things wrong and look stupid in front of a Judge. Hearing date is set for 2nd August

I've paid over a third and it is a regulated agreement. Envelope got shredded with the other junk. Letter is dated 10th May accepting my offer of payments on the basis that a suspended return of goods order is obtained by them.

Ok guys update for you. I was contacted by BCTsolicitors and made them an offer of repayment, I received tehir response dated 10th May this morning (21st May) stating that they will accept my offer providing payments are made monthly starting on the 17th and that they obatain a suspended return of goods order from the court. Obvioiusly the 17th has passed and I won't have the money for the 1st payment til I get paid. I have e-mailed the soliciotrs and informed them, of this and asked that they accept payments from my payday and monthly thereafter. One intersting point though is that I have never received a termination notice from them, so can they obtain a suspended return of goods order if I haven't received that notice. I am assuming that they did in fact send one but iut never got to me? Any help or advice would be much appreciated as I am expecting to receive court papers any time soon

Hi, all got a car through British Credit Trust and stupidly missed some payments without talking to them due to financial difficulties at the time. Repo man appeared today but didn't have the required court order so I refused to hand over the car. I've written to BCT today offering them the normal monthly payment plus an amount towards the arrears that I can actually afford. I am concerned that they will now go away and apply for the court order and come an get the car. Would a court view my offer favourably should BCT refuse. Is there any other way I can tackle this other than wht I have done. My wife needs the car and we can't afford to get another and be paying off BCT should the sell the car at auction. Just to add, this all seemed to start after I wrote to them challenging their arrears charges etc.

Hi, all got a car through British Credit Trust and stupidly missed some payments without talking to them due to financial difficulties at the time. Repo man appeared today but didn't have the required court order so I refused to hand over the car. I've written to BCT today offering them the normal monthly payment plus an amount towards the arrears that I can actually afford. I am concerned that they will now go away and apply for the court order and come an get the car. Would a court view my offer favourably should BCT refuse. Is there any other way I can tackle this other than wht I have done. My wife needs the car and we can't afford to get another and be paying off BCT should the sell the car at auction. Just to add, this all seemed to start after I wrote to them challenging their arrears charges etc.

subbing as I'm about to start my claim against a car finance company, details to follow shortly on a new thread for anyone who may be interested

subbing