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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70696
Experience:  Over 5 years in practice
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I failed to pay my car finance. I sent two proposals to

Customer Question

I failed to pay my car finance. I sent two proposals to settle the matter but all have been rejected by the finance company which only want me to surrender the car. They say they will start court proceeding to repossess the car.
My question: if they obtained the repossession order and I am away of the country, what they can do? May I go to prison because of this?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

What type of finance is this?

Customer: replied 1 year ago.
Lease BMW finance
Expert:  Jo C. replied 1 year ago.

How far are you into the agreement?

Customer: replied 1 year ago.
I signed the agreement on March 2014.
Expert:  Jo C. replied 1 year ago.

And how long is it for ?

Customer: replied 1 year ago.
5 years
Expert:  Jo C. replied 1 year ago.

OK. They could get a repossession order then. You are not far enough into the agreement for that to be impossible.

Usually they do not want a repossession order as most cars are in negative equity but there you have it.

You can’t go to prison. Nobody goes to prison for debt in the UK. The only exception is for non payment of criminal fines and CSA payments and tax debt. Even those things are rare.

But they could repossess the car I’m afraid. It is quite unlikely that they would but it is a possibility.

Can I clarify anything for you?

Jo