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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience:  Over 5 years in practice
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My car finance has sent me a letter to say they want to collect

Resolved Question:

my car finance has sent me a letter to say they want to collect the vehicle within 24 hours
i missed one payment a few months ago, and once i received the letter i made a payment and offered to pay any fees related to the late payment.
they say that if i dont voluntarily hand over the keys they will get a court order......surely if i have paid outstanding they cannot do this?
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What type of finance is this?
Customer: replied 11 months ago.
hire purchase i believe,i got the vehicle over a 60 month period in sept 2013
Expert:  Jo C. replied 11 months ago.
Ok.Has there been a history of non payment?What does the contract say about reclaimation ?
Customer: replied 11 months ago.
i missed one payment about a year ago and re-paid within 2 months because i moved employment.
i have not been able to receive post/mail for the last couple of months due to marital problems, so
was unaware of their intentions.....like wise i cannot put my hands on the agreement at the moment.
the last payment i missed was end of last year and have paid every due payment since...
Expert:  Jo C. replied 11 months ago.
Generally speaking, reclaimation is their last resort as they don't usually want the vehicles back because of negative equity.
You do need to lay hands on the agreement though. Usually they can reclaim without a court order within the first one third of the agreement and with one thereafter but they can't just do it upon a whim. There have to be specified breaches within the contract and two instances of late payment are not usually enough.
It depends how much risk you want to take but I would tell them to go to court. That said, I am happy enough to be sued if there is a defence on the paper contract. If there isn't then you need to be sensible to avoid costs.
Can I clarify anything for you?
Jo
Customer: replied 11 months ago.
i will talk to them tomorrow then, if they do indeed need a court order then i think i can put reasonable case forward
if i offer the vehicle now then i would not be able to work and i would lose my job and then i couldnt pay them anything....
do you think this may be scare tactics to force a solution..... although i have not intentionally been ignoring their communications they probably dont see it that way....
i just need to know that i can resolve....
Expert:  Jo C. replied 11 months ago.
They seem to accept they need a court order even at this stage so I wouldn't just cave in.
Ask for sight of the agreement and see where that takes you.
Customer: replied 11 months ago.
thankyou jo
can i contact you should i need to after talking with them?
Expert:  Jo C. replied 11 months ago.
I wouldn't concentrate on talking to them.Get sight of the contract and then post back with what it says.
Jo C., Barrister
Category: Law
Satisfied Customers: 69531
Experience: Over 5 years in practice
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