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Linda54

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  1. Morning Paul I'm sure if you get in touch with the company involved, you will be able to set up a payment plan with them as most companies would rather do that than take you to court as it is costly and time consuming plus in the end that's exactly what they would get anyway from the court, a payment plan! Make sure when you phone them you have details of your income and your financial commitment (a financial statement) in order to come to a figure that you can afford and maintain to pay the debt back. This again, this is all the courts would do. And no, don't worry, it wouldn't be via an attachment of earnings, just via a direct debit. Good luck
  2. Don't worry about the repossession thugs .. with their bullying tactics, they can't do anything but try to scare you into surrendering the car, and unless they're court appointed bailiffs they can't come onto your property, and even then they would have to have a court order after you appearing in court. Just keep in hidden for the time being until you have something sorted with the Time Order. I'm in a similar situation but mine is with a Lease Company and nearing the end of the lease next month. Unfortunately I got into difficulties last November, due to lack of work, and rang them to ask for help and a reduced payment for a 3 month period until work came in in February. They point blank refused and passed me over to their debt collection department, who refused my payments and terminated my contract and have sent repossession guys out twice, but have told them the vehicle is not going to be surrendered until they take to court so I can show the judge (I have a file full of letters) just how unscrupulous the company Network Leaseplan are. They tried the threat of telling the police the vehicle was stolen, but this is a civil matter, the police are not interested unless a court order is served. I phoned the police just to let them know of the threat, they made a note, but as I'm the registered keeper, as you will be, they assured me they would not react to anything of this type. Good luck, keep us posted.
  3. These people will try to intimidate you in order to get repossession of the vehicle, and will do and say anything to scare you into handing the vehicle over. Take legal advice quickly .. if you allow them to take the vehicle you will lose your bargaining tool and any further action will be futile.
  4. Please don't volunteer to terminate or surrender your contract/vehicle before speaking to a solicitor (the first 1/2 hour of any solicitor's is free so don't worry about the cost). If they sell the vehicle at auction you will be liable for the difference between what you owe them and what they sell the vehicle at for, which will far less than the actual cost of the vehicle. Get advice before you do anything.
  5. I've since been contacted by an aggressive Colin Heathcote of Hammonds Ltd to try and intimiate me into giving the van back .. he even threatened to come to my house at 5.30am last Friday with a court order and a police. I immediately contact the police and phoned him back. He put the phone down on me. When I phoned him back he'd switched his phone off! I left a message asking him if a) he was a court appointed bayliff and b) the no. of the court order; I never heard from him again. I've wrote to Network Leaseplan and their solicitors telling them they can now collect the van as I'm not willing to pay anything else on the account as they have 'terminated the contract' and will not honour the contract for the balloon payment in May this year. If they try and claim the deficit between them selling the van at auction and the price I was willing to pay them ie. £6,500 what happens next? I really do believe I have a case against them as I've tied everything to pay them everything I am contract to, they have done everything they can do to stop me. Any advice?
  6. Thanks for your prompt reply. It says Hire Agreement .. not Hire Purchase Agreement . again thanks for any advise you can give me ..
  7. I wonder if anyone can give me some advice regarding a repossession threat by Network Leaseplan for a van I have on a 4-year lease which ends in May this year. I took a lease out with them for a van in June 2008, on behalf of my son, who was unable to get the lease as he hadn't been at his address for more than 3 years, so suggested to my son that I, his mother, could sign the lease, which I willingly did, The lease was for 4 years, which ends in May this year, therefore having paid £11,600 to date, and in May am due to make the balloon payment of £6,500 by selling the vehicle. In November, due to the downturn of my son's business, he's a builder, as well as the bad weather, he ran of work. I immediately phoned them asking for if I could perhaps pay a lower amount (£100 instead of £268) until February when he does have work the make the payments up over Feb, Mar and April to the May end of contract. The point blank refused. They gave me no help except to say November's payment could be divided over Dec, Jan and Feb, making it £396 per month. When I again explained there was no work and that was impossible, they said they would then pass my account to their recovery department for repossession of the van. I made a payment of £200 in December to their recovery department, to show good faith and to show my willingness to resolve the issue, explaining again the situation and asking for their patience and help. No, they again refused and passed it on to a repossession company. I rang them to pay the outstanding balance. They agreed they would take the payment, but when I mentioned that my son need to get back to work, they then put me on hold and I got a manager on the phone saying they were refusing to take the payment due to my breaching the contract by letting my son drive the van!!! When I said that there was nowhere on the contract to say he couldn't the manager then said 'AND THERE'S NOWHERE ON THE CONTRACT TO SAY HE CAN' .. I then had the repossession company phone me, who I must say, was very nice and very helpful (Malcolm) asking where the van was for collection. I told him it was off the road, SORNed and that I was seeking legal advice, which I did. My solicitor has said that this is just a ploy by the company to repossess the van, put it to auction for a much lower sum that it's worth, then bill me for the missing monthly hire payments to May, the balloon payment + the difference of what they got for the van, plus all other costs ie. garaging the van in that time, repossession costs etc. In the meantime they have refused to accept any payment from me which has indeed ensured I am in breach of contract although I've never been more than a full month behind with a payment as I've since found a website where I can make the monthly payments without having you speak to them. These payment have been accepted and acknowledged. On the 28thJanuary I received a message from the repossession company that Network Leasing had told them that if the vehicle wasn't in their possession by 3rd February they would contact the Police to report the vehicle as stolen. I immediately contacted my solicitor and the police, who told me they would not act on any such information as it was a civil matter and I was the registered owner. Since them I have received an e-mail saying that they are in the process of terminating my contract (which terminates in May anyway!). What does this mean regarding my balloon payment due at the end of the contract as I am assuming that this will not go ahead since they've terminated it. I have continued to make payments but this week I received a letter from their legal department saying that as I was in arrears (??) they are now seeking legal proceedings against me. I have sent them a letter saying I will due to the stress, harassment and intimidation I have endured by this company over the last 2 months be instigating a counter claim for compensation for the unwarranted stress, harassment and intimidation as well as for court fees. My question is as they will not allow the balloon payment to be made does anyone know what their next move will be?? I am quite happy to go to court as | am confident that a judge will see I've made very effort to pay the monthly payment to ensure the contract is fulfilled but will also see their obstructive uncooperative manner to which they have tried every underhand way to stop it. I have documented every letter, e-mail and telephone all to them and have asked for every telephone conversation, as far back as 2008 at the point of sale of vehicle by the garage, to be brought to court if necessary as are my rights under the Date Protection Act 1998. Any advise would be appreciated. Thanks
  8. I've had similar problems with Network LeasePlan. Anyone reading this beware of the company. They are ok until you miss a payment, for whatever reason or have a problem and then their outwardly friendly facade changes to an aggessor. There is so sympathy, empathy or understanding to your situation.. They immediately take the stance of sending a repossession order and immediately try to repossess the vehicle, however far along the contract you are. I took a lease out with them for a van, on behalf of my son, who was unable to get the lease as he hadn't been at his address for more than 3 years, so suggested to my son that I, his mother, could sign the lease, which I willingly did, The lease was for 4 years, which ends in May this year, therefore having paid £11,000 to date, and in May am due to make the balloon payment of £6,500 by selling the vehicle. In November, due to the downturn of my son's business, he's a builder, as well as the bad weather, he ran of work. I immediately phoned them asking for if I could perhaps pay a lower amount (£100 instead of £268) until February when he does have work the make the payments up over Feb, Mar and April to the May end of contract. The point blank refused. They gave me no help except to say November's payment could be divided over Dec, Jan and Feb, making it £396 per month. When I again explained there was no work and that was impossible, they said they would then pass my account to their recovery department for repossession of the van. I made a payment of £200 in December to their recovery department, to show good faith and to show my willingness to resolve the issue, explaining again the situation and asking for their patience and help. No, they again refused and passed it on to a repossession company. On Tuesday I rang them to pay the outstanding balance, as my son had loaned the money from his father in law. They agreed they would take the payment, but when I mentioned that my son need to get back to work, they then put me on hold and I got a manager on the phone saying they were refusing to take the payment due to my breaching the contract by letting my son drive the van!!! When I said that there was nowhere on the contract to say he couldn't the manager then said 'AND THERE'S NOWHERE ON THE CONTRACT TO SAY HE CAN' .. I then had the repossess ion company phone me, who I must say, was very nice and very helpful (Malcolm) asking where the van was for collection. I told him it was off the road, SORNed and that I was seeking legan advice, which I did on Thursday. My solicitor has said that this is just a ploy by the company to repossess the van, put it to auction, for a much lower sum that it's worth, then bill me for the missing monthly hire payments to May, the balloon payment + the difference of what they got for the van, plus all other costs ie. garaging the van in that time, repossession costs etc. I've told them , as instructed by my solicitor, I will apply to the county courts for a judgement to enforce them to complete the contract plus I will apply to have all telephone conversations, correspondence etc. from them and the garage we got the van from from 2008 under the Data Protection Act in order to take to court. I will not let a company who treats their customers like this win .. they are an unscrupulous company, with no morals. PLEASE BEWARE.
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