urgent...need advice as court today V Black Horse

[missy1980]

Black horse taking us to court today for return of goods (car) as we fell behind with payments due to becoming unemployed for 2 months last year, they wouldnt help us reduce pyts and having to get provident loan of nearly 2k to fix car. They have added £1200 charges and interest onto it as well and want us to pay the court cost of £335.

 

In the print they have put they will accept usual payments we used to pay but also a substantial amount each month to cover the charges. We can affprd the usual payment but cant afford anymore to cover charges at moment as money is tight.

 

Any advice on things to say when in court or anything I should know before going there?

 

thanks

[Multay]

bump

[GuidoT]

What time is your hearing today?

 

What did your defence say?

 

I cannot give you any specific advice without further information. You will find some general advice here though?

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/

[missy1980]

spoke with national debt line and they didnt give us any good advice, just sent us a pack saying fill i&e in and send to court and some photocopies saying its upto judge to decide what happens, we had to ask the judge to postpone the last court date as we couldnt make it. Black horse/secheri clark and mitchel solicitors originally said we cant postpone as they have too many court cases (but it was granted) and new date is today.

 

So we are representing ourselves, we sort of know what we need to say but dont know whether the judge will listen about unemployment period, that the car needed 2k of work doing to it, and the provident loan interest was so high we missed car pyts. In May this year we contacted black horse and said we would start payments again and asked for the reference number to pay to, they said they wont give us the details as its going to court. We asked again in July and they said the same, so we were unable to pay anything.

 

I dont if this is any good to mention but last year when we hit teh difficulties we asked if we could pay weekly and they said no, it has to be in one lump sum.

[GuidoT]

What time is the hearing?

 

Did you admit the sum when you returned the Acknowledgement of service or Defence?

 

How much was the initial loan?

 

How much did you pay?

 

How much were (default or penalty) charges?

 

Was there any Payment Protection Insurance?

 

Given how unprepared you seem to be, you must prepare to lose. If this happens ensure that you make your case to the judge such that he only orders that you pay what you can afford in instalments.

[GuidoT]

I will keep this thread open so I can respond immediately.

[missy1980]

we are prepared, we have all the bfigures, what we have paid etc

 

What time is the hearing? 12pm

 

Did you admit the sum when you returned the Acknowledgement of service or Defence? yes

 

How much was the initial loan? 12k but with interest works out 17.5k

 

How much did you pay? 6.5k

 

How much were (default or penalty) charges? to date they are £1200

 

Was there any Payment Protection Insurance? no as self employed so told wouldnt help me if i had

[missy1980]

gotta go, ill post outcome later. thanks anyway

[GuidoT]

Okay if admitted then not too much we can do now.

 

You could have at least contested the default charges on the grounds they are penalties.

 

Anyway as I say, you must focus on ensuring the judge order the lowest possible amount instalments.

 

Although I am sure you would be nothing else, be nice and polite to the judge, get your point across clearly and hopefully (s) he will be sympathetic to your cause.

 

I hope it goes well, let us know how you get along.

[missy1980]

Just got back now and it went our way!!!

 

We were in the room with judge about 5 mins, he just said to pay what usual monthly pyts were plus an extra £30 pm to cover arrears. no rep from black horse even turned up.

 

When we originally asked for the court date to be changed the other month I sent a letter about why we had fallen behind on payments ie unemployment and blackhorse not helping us and this seemed to have gone in our favour as the judge said he had read it and knew we couldnt afford to pay all arrears in one go. Im made up. we get paid weekly but the judge said we would have to pay one amount a month, we said whens best for blackhorse, the judge was smiling saying he decides when we should pay and not blackhorse!! and we start paying from october. Couldnt have gone any better. Were made up.

 

x

[GuidoT]

Good stuff, always helps when the other side do not turn up.

[sequenci]

Glad the case went your way, I'm really pleased!

 

Which number did you dial for National Debtline, I'm a little surprised that they didn't give you advice about a Time Order?

 

National Debtline England & Wales | Debt Advice | Factsheet 06 Time Orders