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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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I live in scotland. I have just got a letter from a solicitor

Customer Question

I live in scotland. I have just got a letter from a solicitor saying my vehicle is to be repossed due to default on agreement. My account with the company is up to date and have noarrears. Is it possible to appeal and stop repossesion
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Is there a court order for possession?
Were there arrears?
Please tell me the whole situation.
Customer: replied 2 years ago.
No court order yet still to be applied for in the next five days
There were arrears previously but managed to clear them and account is up to date.
They had sent default notice and I had managed to get account in order but they say that it was to late after default notice
I asked tonight why they had not informed me of there intentions when making payments but said it was automatic
I fell behind earlier this year due to late payment and non payment by some of my customers
Expert:  JGM replied 2 years ago.
When a customer enters into a contract with a creditor or lessor for a car, they agree to certain terms and conditions. These will often include a contractual term that allows the creditor to repossess the vehicle. Whether or not the creditor can take advantage of the contractual ‘right’ to repossess the car will depend on several factors. For example, where a customer has paid one-third or more of the total price of the goods, under a Consumer Credit Act (CCA) regulated hire-purchase or a CCA regulated conditional sale agreement, the creditor is not entitled to recover possession of the goods from the debtor except following an order of the court. The creditor may also be precluded from repossessing a vehicle if it is located on private property.
I assume that you are in the situation that a court order is compulsory. That being the case you can oppose the application on th basis that you have paid over a third of the total price and that you have made up the arrears. L
See a solicitor to represent you.
Customer: replied 2 years ago.
If I contact there solicitor tomorrow will it be possible to make an arrangement of some kind through them or am I going to have to go to court to do this
Expert:  JGM replied 2 years ago.
You could, but it would be better to have your own solicitor contact them to try to make an arrangement. Your solicitor may be able to make contact whereas they are less likely to deal with you directly. Unfair perhaps but that is the reality of this type of situation.
JGM and other Law Specialists are ready to help you
Customer: replied 2 years ago.
How long do you think I will have by the time they go to court to get a possesion order
Expert:  JGM replied 2 years ago.
Assuming you defend the action it could take six months.
Customer: replied 2 years ago.
They apply to court tomorrow for possesion. Spoke to solictor concerned and they advised me to contact barclays again.
Which I did but they will come to no aggree,ent on the matter
How much would I have had to pay to prevent thenm taking car?
They said I had three weeks from the letter they will send saying they had gone to court to defend the action.
Dose this mean I have no chance to retain the car at all once they have court order
Expert:  JGM replied 2 years ago.
They will serve a writ on you and you have three weeks to defend the case. If you do so the case could lt for six months or longer. If you don't defend they will get an order within five weeks or so.
I suggested before that you should see a solicitor who may have more success at negotiating on your behalf than you have done. Now is the time to see that solicitor. The only other alternative is to pay the agreement off in full.
Customer: replied 2 years ago.
Yes am going tomorrow to see one.
So is there a possibility they may be able to prevent this going further?
Or a possibility that he would be able to do something in court?
Expert:  JGM replied 2 years ago.
Yes, either or both, depending on the detail of the agreement, how much has already been paid, and what you can offer in the future. The decision would ultimately be made by the sheriff hearing the case.