Car loan / default help needed

twinsformysins

Whilst visiting my mother today, there was a knock at the door.

There was a man there asking for my sister (thankfully she was out) and he was from Black Horse finance, which I know her car is through.

I text her giving her the heads up on the cisit and said if your in the brown stuff, best let us know.

She admits shes 2 DD in arears (hope shes telling the truth).

I told her she must call this man, and that she must not bury her head in the sand, as this will just pee them off.
I told her to expalin shes changing her job next week, to increase her income.

What I think hasnt helped her, is that any DD failures ect she gets, you get charged for an shes having £180 or more taken from her account every month straight away in charges.

What I want to ask (1st) is, if shes had the loan since June 07 and its for 5 years, is there a rule saying if the cars half paid for, they cant take it (or is that something ive drempt up in my head?)

Ive offered her to come over tomorrow night for a chat, as although I am in NO WAY ££ position to helop her, im a great blagger.

I got £2069 from my bank last week as a "guesture of good will" after writing my povery letter LOL

So I kind of hope that my blagging/sorting ability could help her out here.

So if anyone can answer the bit about if its half paid, or so much paid ect ect ect?

Cheers

[Deleted User]

from directgov uk:

Falling behind on HP payments

If you fall behind on your payments, a creditor may ask you to return your goods. However, if you've paid more than a third of the total debt, they have to go through the County Courts first (or the Sheriff Courts in Scotland).
If you've paid less than a third of your debt, a creditor only needs a court order when they want to remove goods from your property. But this isn't necessary if they're in a public place. For example, if you have a HP agreement on your car, a creditor can remove it from the street without a court order.

If your creditor takes you to court

The courts are there to help both you and the creditor. If you can pay back the debt in reasonable instalments, the court may let you keep your goods.

If you've paid more than a third of your debt

In this case, a creditor may try to get a 'Return Order' from the court, which forces you to return your goods. However, there must be a court hearing first (probably in your local County Court).
Before the hearing, the court sends you a 'Claim Form', which gives you the chance to return the goods yourself. They'll also send you an 'admission form', which lets you:

• explain your financial situation
• make a new offer of monthly payments to the creditor

You must send the admission form back to the court within 14 days. The court then talks to the creditor to see if they'll accept your terms. If they do, the hearing is cancelled; if not, or if you don't send back the form, the hearing goes ahead.
The court then decides whether or not to enforce the Return Order or 'suspend' it (meaning it will be enforced if you miss another payment later on). If you're allowed to keep your goods, the court will set your new monthly payments.
If you don't attend the hearing, the judge usually grants the Return Order.