Default Then Termination Billing Car Finance - Still Taking Payments

[Hadituptohere]

Hi ive paid 50%, no PPI, but some whacking fees

 

Thanks

 

Hadituptohere

[DonkeyB]

S-ubbing.

[Hadituptohere]

Hi everyone

 

Hope everyones had a good Christmas and New Year..

 

Ive recently been in court for a finance agreement on my car that i had fallen behind with for my car, the agreement was regulated by the consumer credit act, the payments were 160.00 PM, i responded to the claim and offered a reduced payment of 100.00 due to me being on Employment Support Allowance and supporting two children, the DJ has granted the judgment for delivery of goods and sent a note stating

 

The district judge directed that although not part of the order the following be communicated to you:-

'A suspended order was noit made because payments of £236.76 would be required to clear the arrears and the offer of £100.00 does not meet this'

 

I researched the matter prior to completing the claim form and thought that it would be like appying for a time order where the dj could alter the terms of the agreement allowing for me to pay the 100.00 till the amount claimed was paid, i explained my circumstances of the late payments (recent seperation from my wife leaving me on benefits and child support).

 

Is there anything i can do to change whats happened or do i have to hand the car over to be sold at a silly price and be left with a mountain of debt???...

He also awarded cost of 265.00 payable forthwith w3hen i put in a budget sheet showing disposable income of just over 100.00 p/m

 

Thanks

 

Hadituptohere

[Hadituptohere]

Hi

could really do with some advice plz, had a baliff around to my house regarding the above

 

Hadituptohere

[Gaston Grimsdyke]

It is extremely unlikely a judge will grant a suspended order on anything less than the original instalment and many (including it would seem your judge) will only suspend on terms that the full balance is paid off in the remaining term, which means an instalment higher than the original one. A time order is designed for temporary financial difficulties, yours appear to be long term. The basic principle is that if you can't afford to pay for the car, you have to give it up. Harsh but that's the judicial view.