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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70197
Experience:  Over 5 years in practice
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I have breach my car loan agreement by not paying two months

Resolved Question:

I have breach my car loan agreement by not paying two months last march however I paid the two months in full the following month and have paid every month there after(I wasnt aware I break this until last friday court letter)I have just received a court summons feb to collect the car or pay in full the outstanding amount of £4371.50p
The lease agreement ends in march 2015 so I have paid since 2011 every month .
I have offered settle payment to there solicitors of £3500 pounds today but they turned this down ...I have no interest in going to court or have any bad CCJs after my name
can any one help please
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
What would you like to know about this?
Are you asking if you can avoid it?
Customer: replied 2 years ago.

I dont want to lose the car ,and I dont want to go to court so how do i avoid this as toyota will not except my offer

Expert:  Jo C. replied 2 years ago.
Well, ultimately there are no magic wands.
If they will not accept your offer and withdraw then they cannot be forced to. They are perfectly entitled to rely on the contract. It does seem surprising that they would take that view given that going to court will only achieve a car that is probably in negative equity or a vastly slower payment.
However, if they insist upon digging their heels in then they cannot be prevented from doing so.
One option may be to go back and ask what they would accept. That puts the onus on them to negotiate. It may get nowhere or they may make a ridiculous offer. Probably they will ask more and then you can negotiate.
I would put the offer to the client not the solicitor. At least send a copy to the clients as well. That will put more pressure upon them.
Can I clarify anything ?
Jo
Customer: replied 2 years ago.

The car balance is £4011.50p if I pay this amount can they still take me to court outstanding legal costs (total asking figure4371.50p)or would the judge take a poor opion on them to taken me to court ?

Expert:  Jo C. replied 2 years ago.
They could do that but it is a risk. No, the Judge shouldn't have any view one way or the other really. I imagine that, since they are seeking repossession, this is a county court matter not a small claims court one so they are entitled to their costs.
However, they may not get all of their costs. The Judge could strike it out as unreasonable. Usually parties want to negotiate to avoid that.
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