Loan secured against my car.. HELP!

[klassykitty]

I stupidly took out a loan secured against my car for £600 with one of these companies for people with bad debt in january 2007. Ive got an injury claim going through and planned on paying it off when my money came through, typically the claim hasnt been settled yet, i was supposed to pay back £171 a month and i receive incapacity benefit, i paid £60 for the first 2 months as they agreed this would be ok but since then i havent made a payment. My incapacity benefit has been cut as they realised they were paying me the wrong amount so i dont get the same amount as i did when i took out the loan. The company have served me with a default notice demanding payment in full by 23rd of july of £934, but while i was out yesterday a bailiff called me saying he was at my property to remove my car! I have called the lender today and explained my situation, i am getting married 21st july, going on honeymoon 22nd, i dont receive same amount of benefit, i am still awaiting my claim money, they have told me i need to pay £394 before i go away on honeymoon or leave my car with them when i go away, i am definately not leaving my car with them! and i dont think i can come up with £394 by next week... what can i do??

And just to let you know my parents have paid for all the wedding, honeymoon etc... me and my partner have been together 10 years so i have waited ages to get married. If only i could sort this out when i get back from my honeymoon, i can realisticly afford to pay about £50 a week, i will pay this debt back, we are renovating our property and are trying to get a remortgage at the moment too as we have 50k of equity in it, they will get there money i just can make it happen like that.. please help

[sequenci]

1) who was the company you bought the car from?

2) do you know if the agreement was a Hire-Purchase agreement or a "Bill of Sale" ?

3) when was the default notice served?

[42man]

I would also start parking the car quite a way away from your home too and see who follows you, whilst this gets sorted out....

[powelll]

If this was a 'log book loan' then the debt is secured to your car by something called a Bill of Sale. You would have had this as well as a CCA agreement to sign ( if rest of loan under CCA regs ). If the bill of sale doens't contain certain prescribed terms and has not been registered with the High Court in London then it will be invalid and you will owe the money but without it being secured on the car.

 

42man is right - hide the car for now. Then if you think it is a bill of sale either scan it on here or go to CAB or Trading stds who should be able to check it out for you.

[klassykitty]

You are right this was a 'log book' loan, at the moment my partner takes the car to work everyday 45 miles away from home so there is no chance of them getting my car in the day, while i am on honeymoon from sunday for a week i will parking it round my parents house. I have filled out an admission form which i printed off from court website, i am going to send this recorded delivery with an offer of payment of £150 a month. The company i used are called mobile money. Any other advice to add?, thanks for your help

[klassykitty]

Also in response to other questions, the default was served on 9th july 07, i have a signed credit agreement and bill of sale, now im really, really worried, what can i do?? Is the admission enough? At the bottom of the default letter it says if i have difficulty paying the loan i can apply to the court which may make an order allowing me more time to pay, i think this is the admission form from what i read on the uk courts website, is this right?

[klassykitty]

wot will happen after ive got married on saturday, will my v5 be invalid?

[powelll]

At the bottom of the default letter it says if i have difficulty paying the loan i can apply to the court which may make an order allowing me more time to pay,

 

This refers to a Time Order

 

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

 

Are the claim forms from court to repo the car or just a money claim?

[klassykitty]

The default notice i was sent was typed, it wasnt official court paper, they are demanding £934 by 23rd july or they will take my car away. When i spoke to the office they said i needed to pay £394 and then they could extend the rest of the loan, i have sent an admission printed from the uk court website, asking for more time to pay, by instalments of £150 a month. I think the admission works in a similar way to a time order as ive used admission forms in the past with defaults, ccj's and charging orders. I will speak to the company tomorrow to see if an admission is what they want or a time order. Thanks for the link to the info though on a time order, it will be useful.

[klassykitty]

I will apply for a time order as well, at least one will be sufficient

[sequenci]

Have you checked to see if the Bill is registered?

The bill of sale must be filed with the court within seven days of execution, the bill will also lapse unless it is re-registered after five years. As registration is complex and cumbersome many lenders do not bother doing it.

· Make a written application (no internet service) with a £5 fee (obviously best if recorded/special/registered delivery)

· Provide the name and address of themselves and the other party

· It is likely that they will receive a response within a couple of days.

· The address is Judgement and Orders Section, Room E15, Royal Courts of Justice, Strand, London, WC2A 2LL

[klassykitty]

Thanks for that, will do...

[sequenci]

no worries, if it comes back that they have registered the bill correctly we will then move on to the agreements themselves. on a vast amount they are in the incorrect format which means that there could well be other challenges to put to them.

[klassykitty]

They pestered me the whole of my honeymoon and i made £150 last week, they want £250 this week or the car they said...

[sequenci]

have you checked the bill of sale with the court yet?

[klassykitty]

Unfortunately no, i have only just got back from my honeymoon, i will do that tomorrow along with the time order form im filling in at the moment but the court website is playing up and im unsure of what to write in some sections, these are:

1)the names and addresses of the other parties to the agreement (is this the creditor?)

2)Names and addresses of people to be served with this application (is this creditor?)

3)My address for service (is this my home address?)

 

Any help appreciated

[klassykitty]

There is also a section that states, i have answered the questions about my financial circumstances set out in the schedule with this application...

What is this??

[klassykitty]

A bailiff came round this eveing and asked me to hand over my car, i told him the office had given me until the end of the week to make £250 payment but he couldnt get in touch with them so said he wanted to take it away, i said i wouldnt so he said he would call a tow truck if i didnt which would cost a further £300 and he went away to call the police while i went back in the house. My husband decided he was going to go outside and drive the car away, he went to the drivers door and the bailiff got out of his car and said dont try anything funny so to avoid confrontation he went to the passenger door, not once did he mentioned he was going to take the car away but the bailiff came up pushed him out of the way and then got him in a head lock... by this time i was looking out the window as i heard the raised voices, he was saying to my husband im gonna put you in a sleeper in a minute, if i wanted to deck you i could etc.. i was mortified and called the police pronto, as i was waiting he continued to wind my hubby up by saying things like ive beat you, hubbys face was red as the grip round his neck was so tight and he told him to let go as he was assaulting him, hurting him and because he wanted to call the police but he wasnt interested, when the police arrived they took statements, the bailiffs wife was also in his car and they gave their statement, my hubby said he wanted to press charges but the police said the bailiff said he assaulted him so it was tit for tat in a sense and wouldnt be taking it further!!! They also told me i had to hand the keys to my car over. We took their badge numbers and had to drive 20 miles to the nearest open police station as ours was closed when we got there at 9.30pm and we got a incident number and was told to go to local station in the morning. I can not believe he is getting away with this, my hubby has marks on his neck so ive taken pictures and we also showed them to bloke at the station we visited. What can we do to make sure they dont get away with this!!??

[finance seeker]

Hey frnd,

U must try in Consumer Court to filed a suit against the bank on the basis of defamation or deficiency in business services.

 

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[powelll]

Hey frnd,

U must try in Consumer Court to filed a suit against the bank on the basis of defamation or deficiency in business services.

 

__________________________________________

 

 

 

Your post is legally inaccurate so is unhelpful to the OP & her current situation. It also contains a link to a commercial site. I am assuming a mod will be along shortly to edit this...