Husband has court summons for car repossession

Amy_Smith

Last month my husband received a court summons from Black Horse Limited for the repossession of his car. He had until 10th September to make a response to the pursuer (Black Horse). He did not. He hasn't made a payment on the car for a year, so I was surprised that they hadn't taken it away already but looking at the contract, they appear to not be able to do that if you have already paid a third of the cost already. He has no funds, no income and no money and has made no attempt to contact them, but that is not what my question is about.

I can say with 100% certainty that he will not attend the court. I gather from my limited research that he would not be arrested for this and that they will certainly decide in the pursuers favour (and quite rightly so).

My question is how would they go about repossession. He would not answer the door or contact them in any way - that's just the way he is (so any 'urge him to...' replies would fall on deaf ears I'm afraid). But the car is right there on the driveway. I would be happy for them to just take the thing, but are there any criminal implications from him not wanting to communicate with them in any way? It has no valid MOT, battery is dead but I am still insuring it of course.

Thanks in advance for any advice.

GwylimT

If he refuses to hand over the car they will simply get a high court writ, this will enable enforces to remove the car, they will not leave the property until the car keys are handed over and they are able to enter your home through any unlocked door or window. If he decides to be awkward and deny them access he will also be charged an hourly fee after the first hour. Sometimes, if the person is awkward they will take legal ownership of the goods, this would give him x amount of days to give the car up, after this they would then return and remove the car.

If you are happy for them to take it why don't you just give them the keys when they come for it?

molerat

It is a civil matter and there are no criminal implications for failing to appear. After judgement they will probably just turn up with a tow truck and take it away.

He will then receive a bill for the difference between what it reaches at auction and what he owes, the cost of the court proceedings and the cost of the vehicle recovery. They will probably then take him to court for that and, considering his seemingly head in the sand attitude, he will receive a CCJ and his credit will be trashed. If you are financially linked with him so will yours. If the debt is large enough they could go for bankruptcy, if he owns property a charge on the house, or send bailiffs to seize goods.

HappyMJ

GwylimT wrote: »

If he refuses to hand over the car they will simply get a high court writ, this will enable enforces to remove the car, they will not leave the property until the car keys are handed over and they are able to enter your home through any unlocked door or window. If he decides to be awkward and deny them access he will also be charged an hourly fee after the first hour. Sometimes, if the person is awkward they will take legal ownership of the goods, this would give him x amount of days to give the car up, after this they would then return and remove the car.

If you are happy for them to take it why don't you just give them the keys when they come for it?

They'll just take the car without the keys. Then get a new key for it.

Amy_Smith

Ah, I see.

If I am at work when they come round (he doesn't work, obviously) then I think I will leave an envelope/jiffy bag on the front windscreen clearly identifying it with the keys in it and an explanation that there is no valid MOT and battery doesn't work and let them take it. It's all I can do really. Shame that he didn't hand it over straight away, he will be charged with all the court fees, recovery, etc, etc.

I think his credit rating is already pretty trashed and unfortunately we have a joint mortgage and a joint secured loan which I am paying and have successfully kept at bay. But there is nothing really I can do about that now, what's done is done.

One more question - if I write a letter to Black Horse telling them who I am and that I will leave the keys and manuals in a jiffy on the windscreen, the car would need to be toed, has no MOT, etc, etc - do you think they would just put that in the bin, laugh, or would it be appreciated? It is too late for the courts (in 2 days time), but at least they know not to waste their time with more letters that would go unanswered, doorbell rings that would be ignored, and to stop them getting messed about. They deserve their property back. I have had so many other financial problems to sort out that I had to let something go for my own mental health and leave it (the car isn't in my name).

GwylimT

They will tow it anyway, they're not going to drive it away.

As a court date is set it is unlikely that Black Horse would take notice of you, as firstly you aren't the person concerned, and secondly they have already had to go so far to attempt to retrieve the car.

As you might be working when they do come for the car it might be a good idea to the manual and V5 inside the car.

Amy_Smith

Cheers Gwylim - I'll perhaps leave the car unlocked if I can and leave the jiffy somewhere obvious inside with all the paperwork and keys in it.

Ronaldo_Mconaldo

Sounds like you've got yourself a real catch there.

Amy_Smith

Ronaldo_Mconaldo wrote: »

Sounds like you've got yourself a real catch there.

Tell me about it...

gb12345

Amy_Smith wrote: »

Cheers Gwylim - I'll perhaps leave the car unlocked if I can and leave the jiffy somewhere obvious inside with all the paperwork and keys in it.

Probably not a good idea - depending on how dodgy the area you live in is. An unlocked car with keys inside will be a Mecca for the local scrotes.

I doubt the court would believe that the car got stolen before being repossessed.

macman

HappyMJ wrote: »

They'll just take the car without the keys. Then get a new key for it.

The extra costs of which will be added to the debt.