mallard - Return of Goods order

[Debmoney11]

Hi hope someone can help

 

Mallard have issued us with a return of goods court order,

 

 

I spoke to them and as we have an arrangement on the account

they have said they will be asking the judge for a suspended return of goods

 

 

how do I know they'll stick to this and not just get to court and ask for the car back.

 

We fell behind with payments

made an arrangement with them to pay £500 per month which is £100 extra towards arrears in May,

 

 

we paid in May

,June and made 400 in July followed by a 100 a week later.

 

 

No one said anything while we were making this payment that the court forms had been issued.

 

 

The POC said the agreement was terminated on 8/5/15 - I'm sure we haven't had a termination notice from them.

 

I've AOS'd their claim and intend to defend just so we get to ensure if anything they get a suspended order rather than Take the car.

 

 

I'm hoping somewhere there is a discrepancy like over this termination notice or in the POC.

 

It states we din' t make payments in

April,

May and

June of £399

 

 

we have bank statements showing we paid £500 instead.

 

 

We've paid over a third

but that's confusing too as in the POS our arrears seem to be about £200

because they've included our deposit in payments made under the agreement,

 

 

total agreement is £15k

- we only owe them £14k because we paid a dep to the seller. The arrears are £1000

 

Can anyone help,

I can scan docs in

just searching for any paperwork.

 

 

My oh always spoke to them on phone and we've never had anything about arrangements etc in writing from them.

 

 

I've asked them to send e confirmation that've have a agreement in place

Tia

Edited August 17, 2015 by citizenB
formatted for easier reading

[citizenB]

I will try and find someone who can help.

 

Can you please let us know

 

1: The date of issue of the claim form

2: What it says exactly on the claim form - the reason they have issued the claim.

[theoldrouge]

So you have paid more than one third of the total agreement

 

If so you need to fill in admission form N9C

 

asking the court for a suspended ROG order

 

You also make an offer to pay plus amount

to clear the arrears

 

If the creditor accept then the hearing will be cancelled

[theoldrouge]

You need to aim to clear the arrears

 

over the term remaining on the agreement

[Debmoney11]

Hi

date on claim form 5th Aug,

we were away when it came through,

 

Poc points 1-7 standard we agreed terms etc

 

Point 8 : hp price was 15562. Defendant has paid 5398.95 and the balance is 10170.57

 

9. The defendant failed to pay the instalments due on:

15/2/15 199.70

15/3/15 399.85

15/4/15 399.85

 

(I need to check these - oh said he's always paid maybe late but thought was couple hundred behind) will clarify and update later)

 

Subsequently on 22/4/15 the claimant served upon defendant a notice if default persuade to section 87 (1) of CCA 1974 stating the sum in arrears waw 999.40 and requiring the arrears to be paid by 8/5/15

 

(According to oh they agreed an arrangement at this point of £500 pm to clear arrears. He paid in may, June, then 400 in July cause we were away and laid 100 on return, we never got this arrangement in writing )

 

10. The defendant failed to pay or tender the said amount by the date stipulated and the claimant was thereupon entitled to terminate the agreement.

 

 

The claimant served upon the defendant a written notice of termination on 8/5/2015 (this I am sure did not happen)

 

11.upon termination rights the claimant is entitled to ......

 

12. The claimant had complied with pre action protocols but the defendant has failed to either to return the said motor vehicle or to make payment (this is the untrue bit as we have paid £1500 since May! With another £500 due to be paid next week)

 

And the claimant claims

An order for specific delivery of goods

Payments of 10170.57

 

Costs in any event

 

When I spoke to them they assured me if an agreement was in place they would ask for suspended return of goods which I would agree to,

we want the car, we owe the money, but I don't trust them

 

Thanks for looking

 

I've already AOS'd and ticked defend,

can I subsequently admit and ask for ROG

 

Mallard have said they accept £500 which will clear arrears in 10 months.

I'd rather not go to court,

but if we ever fall behind again they can just come and collect the car with a sus ROG,

is that correct?

 

They said I could not cancel court hearing no matter what they would pursue to court ...

I'm so confused

 

The £500 is the contractual amount of 399 plus 100 to arrears

[citizenB]

I have received the following response on your behalf..

 

The creditor has the option to request the Order to be suspended within the N228 by ticking option B.

 

There is no reason to not believe them if they have stated it...the order is merely to secure the arrangement..... in this case as you state you have paid over a third and the arrears are being paid. Its vital that once the order is suspended that you keep paying the arrears and treat this as a priority debt...if you wish to keep the vehicle.

 

[Debmoney11]

Thanks for your help,

 

 

what do I need to do with the claim form?

Nothing?

 

 

Just leave and wait for a sus ROG

 

 

or is there a way I can request.

 

 

Do I need to now

 

 

say I admit all and write the offer to pay of £500 on the form?

 

 

I'm not sure how to proceed

Thanks

[citizenB]

I will ask for you.

[citizenB]

Thanks for your help, what do I need to do with the claim form? Nothing? Just leave and wait for a sus ROG or is there a way I can request. Do I need to now say I admit all and write the offer to pay of £500 on the form? I'm not sure how to proceed

Thanks

 

 

There will be a court form (N9C) with the claim that you should fill in and send back to the court within 14 days. You must fill this in if you want the court to suspend the return of goods order and allow you to keep the goods. You need to offer to pay the debt back in monthly instalments you can afford....or what you have already agreed.

 

Send the form back to the court, not the creditor. The court will send a copy of the form to the creditor.

 

If the creditor accepts the offer the hearing will be cancelled. If the creditor does not accept the offer the hearing will go ahead.

 

Here you go.

[theoldrouge]

Make sure you can afford your offer, see post no 4, once agreed its vital to maintain payments

[theoldrouge]

To clarify,If you cannot afford what they are requesting, divide the arrears by the months remaining on the agreement

 

and add to the contractural payment

[Debmoney11]

Thanks.

Thanks for all of your replies.

 

 

I completed the n9c,

filled in the bit where you put the offer in

and mentioned on there that mallard have agreed arrangement.

 

Dropped it off at the court on fri which I belive is two weeks since deemed served.

 

 

Since then I've had mallards witness statement and docs that they intend to use at the hearing.

 

Once again on these docs it just says they want the car or the money?

 

 

Is there a chance the judge won't do a suspended return of goods?

 

Mallard told me that's what they want but nothing in writing confirms that,

everything in writing says they want the car.

 

When I paid them last week I asked them to put the arrangement of £500 in writing but nothing as yet.

 

Do I just sit back and wait and see what happens?

[theoldrouge]

You wait and see whether Mallard accept your offer which the court will have forwarded to them

 

If you are offering what they want can't see why they wouldn't accept

 

Should you have to attend a hearing, and explain to the court why the arrears occurred and how you are dealing with them

 

the most likely outcome is a suspended ROG order

[Debmoney11]

So we've heard nothing as yet,

it's the court hearing tomorrow and we've beard nothing.

 

 

Neither of us can attend,

 

 

if they get possession of the car what are our options then?

 

 

We've since made another payment of £500, the next is due at the end of September.

 

I got the admission in on time but heard absolutely nothing

 

Thought might have been in the post hat hearing cancelled but no such luck

[havinastella]

Someone really needs to attend court if possible.

[Debmoney11]

We really can't it's impossible I'm afraid

[Debmoney11]

spoke to court and they have confirmed a sus ROG was the outcome just waiting for the paperwork to see what the terms are

thanks for all of your replies

[theoldrouge]

Seems positive news Debmoney