Can they take the car?

carlih1

Hi

I am in debt as posted last week but something just struck me. I have a car on hp, my parents pay this every month for me because i cannot afford it.

If i get a ccj can they take the car because it is in my name or not because legally it is still owned by the credit company?

Would i be better off transferring the car to my parents.

Any advice appreciated.

Carli :xmastree:

fatbelly

Just because you get a ccj, doesn't mean 'they' can do anything. If you responded to the court claim form with your income/expenditure, then the court sets a realistic rate of repayment and, provided you stick to it, that's as far as it goes.

If you didn't respond, and the ccj demands payment of the whole amount 'forthwith', then you need to vary the order on an N245 - back to a realistic rate of repayment.

But if you ignore all this then the creditor is quite likely to go for a warrant of execution (bailiffs) and they can seize anything owned by you. As you rightly say about the car, legally it is still owned by the credit company. I'd say don't let it get that far, whatever the debt is.

Addicted2Chocolate

you need to refer to the HP contract. It is my understanding that they can take they car but if over 1/3rd of payments have been made they need a court order. Dont transfer rek keeper to your parents, wont make any difference as the reg keeper is nothing to do with legal ownership.

fatbelly

Now, normally I wouldn't take issue with A2C because she knows her stuff, especialy where bankruptcy is concerned. But this isn't bankruptcy.

Difficult to know where this is written in stone, but I did find the following in the Debt Advice Handbook (p306 if anyone else wants to check):

'Items which are hired, or subject to hire purchase, or conditional sales agreements, are certainly not the property of the client and should not be seized - a copy of the relevant agreement should be sufficient to satisfy the bailiff'

Addicted2Chocolate

sorry i think i misunderstood the original post. The only people who can take the car are the HP company themselves. A baliff acting for another creditor coud not take the car.

rchddap1

This is because until you have paid the HP off the car still 'legally' belongs to the HP company.