Hi Thanks for your reply. I posted about this last year and added a copy of the agreement. Here is the link http://www.consumeractiongroup.co.uk/forum/showthread.php?268371-Confused-about-car-repossession&p=3040938#post3040938 Thanks for your reply

Thank you both, as a sole trader his company address is his home address although its not a business premises - does this mean they can gain access to his home? I very much doubt that there is anything in there that would settle £1300.

Hi Thanks for you reply. The debt was for rental of a yard. They have visited his home address as he is a sole trader so they cant collect from him personally. The creditor is National Grid (its an old site used by them that they now rent out as yard space) The bailiffs are Martson Group The CCJ was awarded just over a year ago, and he agreed to pay £400 a month which he did for a year, but all his customers are holding onto money so tightly at the moment he has been unable to continue. I have told him to stay indoors and not talk to them and to keep all windows and doors shut but they are giving him the impression they are able to force entry as the amount outstanding was taken to High Court. We got all the paperwork for the original CCJ and we submitted a response with payment plan but did not attend. He received nothing to say it was being escalated to High Court.

OK so long story short, bought a car, lost job couldn't afford it. Finance company took it to court to get car repossessed. No argument there. Just after the court made the order they didn't collect, in fact despite phone-calls to them they didn't collect for over a year - They had lost the file. Last month a letter through demanding £1700, we told them we couldn't afford it. They ignored this. I pointed out the fact that the car depreciated to more than this amount while they failed to collect the vehicle. they ignored it. Yesterday we had a court summons for £2200 including interest. Where do I stand on this, I don't think its fair that I should have to pay interest when they wouldn't collect the car. Advice appreciated.

I am posting on behalf of my father in law. He had a sole trader business debt for 6000 for rental of a yard which went to court. It was referred to Marston for collection, the debt currently stands at 1300, he has no money to pay it. Last week a letter pushed through the door said they had levied on my mother in laws car and that this had now been to high court and it was the intention to collect on the debt. He had hoped to be able to be able to pay off the debt in full but is having problems getting money out of customers. They are due to come back today, he has given them proof he doesn't own the car. Will they now force entry and help themselves? Any advice as quickly as possible appreciated.

Just wanted to update. Our appeal was unsuccessful on the grounds that the judge had not done anything incorrect in his ruling so his decision stood. We could have entered a further N244 but we would have ended up back in front of the same judge, Shelter advised that this was only worth doing if our circumstances had changed - and they hadnt. The lady from Shelter said she had never seen such an excellent N244 and even took a copy of it to use for reference - So that is definately a credit to you Ell-enn. In the end we had nothing left to do but move out. Was it difficult? Yes but it wasnt the end of the world. The kids are settled in their new home, the rent is considerably less than my mortgage and my friends tell me my mood has changed for the better. I am posting this simply to let others know that after all else fails and if you do unfortunately get your house repossessed then its not the end of the life altogether and you will get through it all. Thank you for all your help on here, I will stop by again soon. xx

Just a quick update on where we are, despite the judge giving us 7 days on the suspension of eviction the bailiff couldnt fit us in until the 19th of October so we have just over an extra week. We have met up with Shelter who are currently looking into the legality of how the mortgage has been handled. And also into how the judge saw things in court last week. I dont think there is a huge amount of hope but have managed to get it together a bit better - we have found a place to live if needs be - which is empty and ready to move into. Havent started packing but have started having a good clearout to make it easier if and when we have to move. x

Thats fab - thank you. I am getting on this first thing tomorrow. I think I will have such a busy week especially looking for somewhere to rent too. Will let you know how it goes with solicitor

Yes a copy of the letter would be fab, no dont have the solicitors name yet, speaking to him first thing tomorrow. Is it common to appeal (have you dealt with it often?) or are we going to be be the oddballs that appeal? Do you know how much it costs to appeal? We are also hoping to see places to rent tomorrow.

Hi Yes I do think he would do that. Where would an appeal be heard - in the same court? or would I have to go somewhere else? I know it sounds sad - but I wouldnt have to see the judge from the other day would I? Is it worth ringing the mortgage company at all now - or is it all done with them now? Thanks for your help as always x

Thinking of getting a solicitor to appeal (hubbys boss has offered) - do you think i would stand more of a chance?

We are viewing a few places this weekend - I dont know how long it takes to rent somewhere. A problem we have is 'no pets' - we have two cats. I seriously do not know what to do tonight. I am feel so terrible and useless - Going to bed now. Heres hoping tomorrow will be better. xx

Dont worry no offence taken. The thing is we had £5000 available to pay today (some from hubbys boss - some from our wages) to offer which would have caught up with the court order and beyond. I knew our chances were slim, what I didnt like was the way he kept joking with their solicitor almost making light of it, He wouldnt even look at us. I know he is only doing his job but he pretty much called us liars with regards to our budget sheet. He said that our other bills were extreme. I dont think we will appeal - I dont think it would really achieve anything. and there is no chance of us raising the full arrears so I guess that is that. I asked him there and then if we could have more time to find a home - he basically said we should have already sorted that out. I am hoping everything happens for a reason and bigger and better things await.

We lost this morning. The judge seemed very friendly with their solicitor. He basically told us we were out of touch with reality. He suspended the order for 7 days to give us time to find somewhere else to live. When I started to cry he told me that was more evidence of me being out of touch with reality. There really is nothing we can do now except say goodbye to our beautiful home. I am devastated. Just wanted to stop by though and say thank you for all your help and advice Ell enn. Take care all xxx

Yes he is good, I am still unsure whether or not to take him as yet. I am so hoping that the court will give us that last chance. But just in case have started to pack. If they say no on Friday I will have three days to find somewhere to live so better get prepared. I will be printing off more copies of payments to take along but the court order will still be about one payment behind so I dont fancy our chances.