HP missed Payments = CCJ

Pete1nlancs

First post here guys - be gentle!

I have a car on finance with Ford. I missed some payments and ended up with a CCJ from Link Financial. :mad:

My question is, do I still have a right to return the goods and terminate the contract or ccj? Or have I surrenderd that right due to getting the ccj?

Im going through debt counselling with CCCS and paying £200pm for this car. I have paid over 1/2 the amount on the contract.

If anyone can help - it would be appreciated.

Thanks

Pete

Tixy

Hi
You need to look carefully at your original agreement to see the terms, usually if the debt is secured on the vehicle then you can't include it in a DMP, so do check that it is in your case (I assume £200 you are paying is less than the original repayment amount?).

You need to also look at the agreement termination rights, usually you can only return the vehicle and owe nothing after you have paid half of the cost of the vehicle.

When you responded to the court papers what did you say? did you admit you owed the money? did you attend the court hearing?

Happytogetdebtfree

Hi pete just wanted to wish you all the best :-)

Pete1nlancs

Hi Tixy & Thanks Happytogetdebtfree :-D

The car is classed as a priority debt on the DMP, so its not included. I have worked out that I have paid off over 1/2 the cost of the car.
The £200pm is the same as what I was paying on the original agreement and I admitted oweing the money but did not attend hearing.

Its defo a HP agreement:

"TERMINATION: YOUR RIGHTS
You have the right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the goods and to half the total amount payable under this agreement, that is £6110.90. If you have already paid at least this amount plus any overdue payments and have taken reasonable care of the goods, you will not have to pay anything."

The above is from the agreement and is a direct quote. The only reason I am asking is because I dont think the car is worth what is left on the agreement, so I can get a different car and not be paying £200pm.

Thanks :T

Tixy

Hi

When did you miss the payments?
When was the CCJ granted?
Have you ever caught up with the missed payments arrears?

Seems unusual that they went for a ccj rather than repossession.

If you could pay off the arrears and any court fees etc then its possible they may still let you return the vehicle. Although the CCJ would stay on your credit file.

Probably need to contact the finance company to see what they say.

Pete1nlancs

Hi Tixy

CCJ was granted Jan this year. I phoned Link up this morning & I have £6921.38 left to pay. They said I can return the car and pay any outstanding money after they auction the car off.

Most people have said that about the repossesion and CCJ business - no idea why they have done this.

I have 1 missed payment I have not caught up with & as for the CCJ being on my credit record - ITS NOT THERE!!! :rotfl:
Possibly because they have the vehicle reg wrong and postcode wrong & I have never corrected them! oops

Thanks peeps! :T