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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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i was in the process of getting advice but the respons was

Customer Question

i was in the process of getting advice but the respons was very slow!!!!!.ive had a claim form from northampton county court
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

for jomo1972


 


ive had a letter from northampton county court regarding missed payments for a vehicle.i have been made redundant and have asked the finance company on several occasions to change the direct debit date to the 20th of each month so that my sister can pay the instalment out of her account but the finance company will not allow me to change the date!!.and now they are threatning court what do i do??

Expert:  Jo C. replied 3 years ago.
Are arrears building up?
Customer: replied 3 years ago.

for jomo1972


 


its been sent to court now.what can i now do.i do not want to go to court i want to settle with an affordable monthly payment but the direct debit date will have to be changed

Expert:  Jo C. replied 3 years ago.

I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I am really sorry but its no defence to say that the direct debit payment was the wrong date. Ultimately the contract binds you to make payment and if you have not they are free to act. If you are in breach they are free to terminate and sue.

The practical reality though is that probably they would negotiate with you. They will not want the car back probably as most of them are in negative equity. If you call them and pay off any arrears and agree to make payment then they will probably agree to that.

In relation to changing the date, some companies have set dates for the claims. It costs a certain amount of money to make claims from accounts so they tend to do them all on a particular date there is no reason they should not agree to something that will help.

Even if you do have to go to court though, its quite unlikely that the judge will order that the car be delivered up or even that they will want it unless its very new and has very low mileage. Their game will be to get money compensation. You can always make an application to pay in instalments which would be allowed. I realise that would lead to a CCJ which is not attractive but its something to have in your mind when you negotiate with them. If they go to court they will get far lower monthly payments than if they negotiate with you.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.
Customer: replied 3 years ago.

for jomo1972


 


i have tried and tried and tried to change the direct debit date all was ok until i was made redundant and as soon as i asked for a bit of help with changing dates so that this could be avoided no one was wanting or willing to help me.all i wanted was for the direct debit date to be changed from the 5th of the month to the 20th of the month!!!!.thank you for your help though it is appreciated

Expert:  Jo C. replied 3 years ago.
Yes, I know they can be unreasonable about things like that.

The truth though is that they either negotiate with you or face a much lower payment at court. Even if they get the car back it will be in negative equity tos they won't get much.

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