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Ask Alice H Your Own Question

Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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I need some help applying for a court order. I unfortunatly

Customer Question

I need some help applying for a court order. I unfortunatly missed 2 payments against my car finance (oct & dec 14) due to the finance company not having the correct banking details for me & my own stupidity of not noticing that my D/Debit hadnt been transfered over. Finance co have said they have written to me 6 times but I conveniently only have 1 of those letters, they issued a default notice on 20th Dec (Fri before xmas!!) giving me until 10th Jan to pay £500 which was owed, on 16th Jan I got a call in work from a collections company saying he was going to take my car, this was a huge shock!! I went through my bank accounts & realised what had happened & rang Finance co straight away & offered to pay the arrears there & then to which they said it wouldnt help my situation at all. I went home that afternoon from work & searched my house as I couldnt understand why all these letters they have said they have sent were not received, it came to light that from the looks of things one of my family must have picked the letter up & put it on the window cill & something else has then been put over it, it has been a genuine mistake but I had not seen that default notice until 16th Jan if I had have seen it i would have contacted them straight away. The car is used for my work without the car I have no business, my staff use it & it is used to take my children to school, it will have a detrimental effect on my business & my family. It was never my intent to miss those payments at all it has been a large & very stupid mistake on my behalf & I should have checked the D/Direct had been set up in my other account. I have been told to apply for a court order to ask a judge to reinstate my agreement with the finance company but i need to know if this is the right thing to be doing? I have until thursday/friday of this week to try & get something sorted. thank you very much for any help anyone can provide.
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

How much was the total finance agreement? How much have you paid so far?
Customer: replied 2 years ago.

Sorry I should have added i am under a 1/3, inital finance was £17445.04 I have paid £3700 & I have paid all arrears & January payment too over the weekend as I feel alothough they have said it wont make any difference & wont be logged against the arrears it will just go off my final liability.

Expert:  Alice H replied 2 years ago.
You will have to make an application for a time order as 2 payments have been missed and a default notice had been issued. Even though you have now brought the account up-to-date the finance company seems intent to repossessing the car. Unfortunately as you have paid less than 1/3rd your rights are somewhat limited. A time order will give you some breathing space and allow you to keep the car for a period of time and carry on your business - the fact that the account has been brough up to date will go in your favour. If you go to the Ministry of Justice website under 'civil procedure rules>forms' you will find the N1 claim form to make the application. There is also a court fee to be paid. Once you have issued the claim you will have to attend a hearing to present your case - if the Court grants your application then you will be given more time to pay the finance company. Once you enter the protected period e.g. after 1/3rd, then you will, of course, be in a more secure position.
Customer: replied 2 years ago.

Thank you for your quick responce. Do you know how long it takes to apply for a time order? I already have the N1 form but it wants to know what I want to recover or reclaim I am unsure what to put as I am not actually wanting to recover or reclaim anything I just want to stay paying £250pm & carry on as things were.Would the judge be able to order the finance company to reinstate their original agreement with me?

I am thinking that I was only in an agreement with them for 3 years I was 1 year into it & would then have been able to hand the car back with a option to buy. This has just all been a awful stupid mistake that has gone way out of control! thanks Alex

Expert:  Alice H replied 2 years ago.
No problem.

The Judge has a discretion to give you time to pay.

You have to give the finance company 14 days notice and then make the application if no agreement can be reached. The court expects both parties to try and reach an amicable settlement without litigating.

All you need to put on the form is the facts of the case as you've outlined them to me and the time order you are seeking. There is no need to use any specific legal jargon.

Does this assist?


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