Bailiff action - help

monicajoanne

We purchased a van from black horse and unfortunately due to financial difficulties where unable to continue the payments. The van was collected from us on 30 January 2009 and returned back to black horse for which i have form V5C/3 (notification of sale/transfer).

We then waited to hear from black horse to see what money would be outstanding to pay and make arrangements to pay this off. Then on 23 July 2009 received from the court an Order for Balance of Purchase Price requesting £8,230.11. I know we should of followed this up straight away but without going into a lot of detail we had some tragedy in our family and our thoughts were elsewhere.

Then on 18 August 2009 received a letter from a firm of solicitors requesting we pay £202.30 per month to pay the debt off. They say in this letter that the van was not collected as it was in bad condition and it would have been uneconomical to repossess, but we have the form to show it was and have nothing in written format to say that they would not accept the van

I wrote back to them and put in a copy of the V5C/3 form showing that we had returned the van and therefore the amount owing is not correct.

The breakdown of the amount is as follows:-

Total price of goods £13,719.62
paid up sum £ 6,944.60
Balance outstanding £ 6,775.02
Accrued late pay fees £ 679.84
Total outstanding £ 7,454.86

The rest of the outstanding amount is made up of court fees etc including £270.25 for failed repossession costs!

The solicitors never replied to my letter and instead the situation is we have now received a Notice of Issue of Warrant of Execution stating that we must pay the full amount before 2 October 2009 or the bailiff will call and remove our goods

PLEASE CAN SOMEONE HELP US - Dont know what to do now

Hope this thread is clear enough to understand and thank you to anyone in advance

monicajoanne

Anyone got any advice please

PNPSUKNET

you need to apply to the courts for the case to be heard, did it go through the bulk processing center?

nattercan99

hiya, i really do feel for u, been in many situations like this. i am also having similar troubles with black horse. having spoke to debt advice, and a company that tries to get u money back on a protected payment plan, black horse are the worst company for mis-selling and under-handed dealings.so please take comfort in the fact ur not alone. please ring citizens advice or the government run debt advice (not sure of their number but im sure i got it from citizens advice), they have been really helpful to me, they are on ur side. Black horse cannot come and do this to you, threaten them with the legal jargon you will get from debt advice. Its scare mongering.
Sorry i couldn't be more specific, but i totally understand ur situation. Remeber ur not alone. Take care

nattercan99

i agree with the above post, just remembered, i had to apply to the courts to get an order to stop something similar (cant remember the exact name, but debt advice informed me of it- something like a revoking order!!!) contact them tomorrow and good luck

monicajoanne

Thank you so much for replying i will get onto things tomorrow.

What annoys me most is when you write to someone and they do not answer you, just completely ignore your rights and just threaten bailiff action. I would rather them write and say you are completely in the wrong and state why or to give you some advice on what to do next instead of just ignoring my letter completely.

Anyway enough of the rant, thanks a lot