hi i have a suspended eviction order. i missed decembers payment and my mortgage lender applied for warrant of execution. However I have paid double this month, my payments are all up to date in accordance with the court order but my mortgage lender wont stop the eviction. Can they do this???? I can continue to pay future payments ontime as agreed in court.

i am inclined to disagree with the above post as that happened to me....i had over a 1/3 and out of the blue the bailiffs turned up and took my car, at the time i didnt know any better, it was only when i found this site that i realised they had acted unlawfully and i began my fight. i ended up getting over £8000 paid back to me cos the car had been taken without a court order. Popular questions on the area of hire purchase car repossession.:- When can a hire purchase company repossess my vehicle? If you have paid less than one third of the total payments and the vehicle is parked on public ground then a hire purchase company has the legal power to repossess your vehicle without going through the lengthy procedure of obtaining a court order. How can I reduce the risk of repossession? Please note that they cannot reposess the vehicle if the car is in your drive or on a third parties property. They CAN take it if it is in the road. PLEASE NOTE that many people try and trick the car bailiffs by parking the car in the next road……Please note that this a common mistake as the bailiffs always check the surrounding roads and side streets for the vehicle. Does the finance company need to take me to court to get my vehicle? The only time that court action will precede car repossession is after you have paid one third of the total payments. Will they just take my car without telling me? No, you will always be given a a pre-possession order. So make sure you open all your post. The pre-possession notice will allow you at least 15 days to make arrangements to avoid car repossession. I have had a change in circumstances and do not need the vehicle. What shall I do? The rules and regulations regarding handing back your vehicle depend on how long you have had the car for. The general rule is that if you have paid more than half of the total amount outstanding then just give the vehicle back and there can be no legal comeback for you or your family. Always read the terms and conditions of the hire purchase agreement as we have noticed they can somewhat vary. Always read the small print. Remember theses contracts are drawn up by clever and cunning solicitors who want to make it as difficult as possible for you to cancel the finance contact. I have only had the car for 3 weeks and I have just lost my job, What can I do? You may be forced to pay expensive early redemption penalies if you want to hand the vehicle back. This amount can vary but the general pattern of what you are made to pay is difference between the payments already made and half the original price of the goods. In addition there may be various administration fees to pay.

do u have ur original agreement which will have a section titled your reposession rights...in that section it should tell u how much a 1/3 of the balance is.....if u have paid more than a 1/3 of the balance they cant reposess ur car without a court order. If you have paid less than a third they dont need a court order but b4 possession they are required by law to send u a default notice giving u a specific time to either pay off the arrears or come to an agreement. As for the account manager he acted unlawfully....by discussing this with ur mother he breached the data protection act by divuldging ur confidential information. My advice would be 1st to check ur agreement...if u dont have it request one in the form of a subject access request which will cost u £10.

yes i am going to request that all info re me and them are wiped from my credit file and only then, once its done will i notify the county court that the judgement has been satisfied. I still havent had an apology from the or an explanation as to why they did what they did. The letter from them that came along with the cheque claimed that they had not received the judgement from the court, they also said that they could have contested most of what i had claimed for but had made a commercial decision not to as it woukd incur further costs for both parties. What a joke!!! they knew they had not a leg to stand on. I'm just glad its all over now its been a very stressful time, but once again thanks to all on CAG who supported me and gave me such valuable advice.

RESULT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Welcome have settled in full, just received a cheque for £8489.44 YIpeeeeeeeeeeeeeeeeee thanx everyone u have been great, couldnt have done it without u all, i will be making a donation to the site.......i'm so happy.

I received no phone all as promised from the manager of the legal compliance team so I have sent him this letter: Once again I find myself writing to about the above account and the issue of yourselves repossessing my vehicle illegally. I am infuriated at the lack of progress in this matter. It has been 9 weeks now since I first contacted Welcome with my complaint. This issue has been passed form pillar to post and I am yet to receive and explanation from yourselves as to why you acted unlawfully. To be frank I have been ignored at every level in your organisation. I gave you plenty notice that if I was not to receive a satisfactory outcome in this matter then I would take court action. I commenced court proceeding against yourselves on 8th August 2008. You failed to respond to my claim so judgement by default was entered against Welcome on28th August 2008 and you were ordered to pay me the sum of £8489.44 by 3rd September 2008. Again you have ignored this, so I called the legal compliance team on the 3rd, only to be told the manager dealing with this was out the office on a course, I was told if I left my number he would return my call the next day. Well surprise I received no call. I can only conclude that Welcome Finance is of the opinion that they are above the law. Not only do you ignore your customers and fail to work within the framework of your own complaints procedure, but you also ignore the law and the courts. I have now been in touch with High Court Enforcement Officers and discussed with them in detail this matter. The case has now been transferred from the County Court to the High Court, and an application is being made for a high court writ. You will soon be receiving a visit at your office from the enforcement officers, they have also been provided with all addresses where you keep trading stock. I am also in the process of preparing a Statutory Demand which will be served at your registered office. In addition a 32 page complaint has been posted to the Financial Ombudsman and next week I am meeting with a member of the national press to discuss this matter and have the case published in the national press. Be aware that I am NOT going to go away. Since my car was repossessed I have spent over £1000 on car hire as I am an essential car user at work and if I don’t have a car I don’t have a job, not to mention the expense of court proceedings. It is about time you got off your arses and held your hands up to the fact that you have made a mistake and settle this matter instead of digging yourselves in deeper. May I also notify you that interest at a rate of 8% is now running on the outstanding amount that you have been ordered by the court to pay. I trust I have made myself perfectly clear and that this clarifies the situation

does anyone know if i myself can issue a statutory demand if so how do i find a template??? would anyone advise I do this or shall i just leave it all up to the high court enforcement officer now?

ha ha ha i know......dont believe for one minute manager was not in office and even if he was there would be someone there to speak to in his absence, truth of the matter is they dont want to speak to me cos they know they dont have a defence, plus the calls are all recorded so if they avoid talking to me then they have less chance of implicating themselves any further on a call thats is being recorded.

hi, telephoned the court today for advice on how to proceed with enforcement, Basically they gave me details of high court enforment officers who i contacted today.....i have paid the £50 fee and sent off the court papers confirming judgement and the matter is now in process of being transferred to the high court, once this is done they will apply for a high court writ, which will enable them to attend Welcome Head office to demand settlement. Welcome will now have to pay their fees if they are successful in gaining settlement.

well...no cheque in post today in post.....i was furious so phoned welcome legal compliance team...lady answered explained i had ongoing complaint...blah blah which has been to court and judgement has been entered against them..they should have paid me £8489.44 by today which they had not done....whats going on........was put on hold for 5 mins...she came back and said....the manager who is dealing with this case is not in today he is on a course, can i take ur number and i'll get him to call u tomorrow.....i gave my number and said...can u pass this message to manager......the court claim number is xxxxxx, when i put the phone down from u, i will be transferring the case to the high court, and i will also be issuing statutory demand, welcome has had ample opportunity to rectify this matter, which u choose to ignore, i have a letter dated 7th august saying the case has been transferred to yourselves and you will be in touch....i am yet to hear from you, this has gone on long enough and my patience has run out. she said...i will pass the message on. ARGHHHHHHHHHHHHHHH!!!!

thnx....i was thinking of the options that i could take if they dont respond to the court order...however n HMCS website it says if the claim is over £5000 i cannot apply for a warrant......i have tried to find out what the options are for claims over £5000 but cant find the info........does anyone know what to do in this situation???

Just to let you know...one hell of a complaint against welcome sent to Financial ombudsman this morning. Have included all correspondance and court documentation as well as original credit agreement and my payment history...hoping FO will screw them over big time.

hi, it will depend on how much u have paid under your hire purchase agreement, if you have paid over 1/3 of the balance then they cannot repossess your car without a court order, in this case you would receive court papers from the court giving you an opportunity to respond and make an offer of payment that you can afford, the court will then determine if this is acceptable. if you have paid less than a 1/3 of the balance, the finance company do not need a court order, 1st they will issue you a default notice giving you a chance to come to an arrangement. however if they intend to reposess your car you should receive a notice of repossession 1st. i am no expert on this however i am sure someone will be along soon who can give you more detailed advice.

I'm actually going to take the complaint to the financial ombudsman now and detail the case to them them too and send all copies of correspondance, court order etc. I'm not finished with Welcome yet.

HA HA HA thanks ... what can a member of the site team do, as u said they can turn the screw with welcome.....just curious????? Cant believe Welcome ignored the N1 too....i must admit i was expecting some sort of defence from them, i'm very suprised. Cant help feeling they wont pay out though! by the way.....i tipped ur scales.....lol