Urgent - car question

fiveyearplan

I am in court on Monday regarding my car. The last payment was due in January 2008, my bankruptcy was in April 2008. I owed £2,000 on the car and as I said the whole of that £2,000 was before my BR date and was included in my BR. When I had my interview I was told that it would be included and he had no interest in the car.

Since then I've had court papers and I'm in court Monday morning. I asked the OR (his assistant) what will happen and he said he had no interest in the car. I know that but surely I won't have to pay any shortfall or expenses for the finance company to recover it. He asked me what the HP contract said. I don't really see as that is relevant. THe car was included in my BR. Technically the finance company does have to get a court order to take my car back or I could surrender it. If they take the car without a court order they will have to pay me every penny I've paid so far according to the small print. I have said for them to come and take the car but they wanted me to sign that I would be liable for shortfall - I refused to sign.

Where do you think I stand? I'll be attending court on Monday and the OR has faxed the court my BR details.

blind-as-a-bat_2

Ok if imreading this right you do actually owe the amount on the HP as the car is still with you, the loan was secured so still exists and therefore your still liabl

But all they can do is get the court to allow re-posesion of the car at wich point any amount still oweing does go into your BR together with costs/shortfall as it was a liabilaty before your BR date

fiveyearplan

Thats exactly what I thought Bat. They wanted me to still be liable for shortfall but I know thats not right.

debt_doctor

Hi,

I agree with Bat

DD

december

Slightly different scenario for me as my car was on a lease hire agreement. The OR told me that I could either buy the car (no way I had that kind of money available) or it would go back to the company. The company made the papers about the shortfall the responsability of the OR, eg when I handed it back it said the OR was liable for the shortfall. The OR told me this was common practice and that was the last I heard of it.

December

fiveyearplan

Thanks everyone, I'm in court in the morning.

dalip

Good luck FYP.d

fiveyearplan

Thanks Dalip.

Merry_Gentry

Good luck for court tomorrow :grouphug:

fiveyearplan

Thanks Merry and also thank everyone else. I'll report back tomorrow how I got on.

I've also got a more important MBNA thing on. Its his CCA and the next set of papers are also due in court tomorrow - the same court I'll be in! At least that will save on petrol as I can get it all done at the same time! hehehe

december

Good luck for tomorrow. I also forgot to mention earlier that any shortfall was in cluded in the bankruptcy for me.

December