Husband has court summons for car repossession

macman

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.

You are not serious? When it's then stolen the insurers will (rightly) decline to pay out on the grounds of negligence.
Why don't you get your OH to surrender it voluntarily (make the effort to apear in court?) and save himself further hassle and debt? How is this head in the sand attitude going to help?

dragonb4

dont want to worry you but my daughters car was repossed
she was landed a £3500 bill on top of it, the price of taking it was away was put at £850 even thro they only moved it two miles

barbarawright

dragonb4 wrote: »

dont want to worry you but my daughters car was repossed
she was landed a £3500 bill on top of it, the price of taking it was away was put at £850 even thro they only moved it two miles

A bill which, I assume, the OP would be landed with as her husband would ignore it

Amy_Smith

Yes, it is a safe area, but I won't leave the car unlocked, that is foolish, but I would have to leave the keys somewhere.

As I said in my original post, OH won't do anything, and 'urge him to' or 'get him to' is not a viable solution. Whatever additional bills he will be landed with is his problem. I can do nothing about it to be honest. They will undoubtedly add as much as they can to the loan, as these firms are commonly known to do.

I have had advice to lock all doors as they can legally enter an unlocked house. I would like to see the look on OH's face if they do that.

barbarawright

Why lock the doors? Surely it's better for them to enter the house and take the keys legally?

spacey2012

They can not set a deadline for voluntary repossession, he can voluntary surrender the car at any point he is contractually bound to do so, they can not say, right after this date you can no longer surrender it, they can only say, at this date we will instigate court action.

Only a court can alter the con (course) of the contract and util that point the initial contract remains in force.

He should SERVE a Written (stamp + envelope + proof of delivery) notice upon them that the car is voluntary surrendered, that no extra contracts or documents will be signed assigning or altering course of any contract other than was assigned at the time of initial forging of said contract.

This hits it back in to their court and if they refuse to act and recover the car using the valid contract the circuit judge will throw them out unless they can prove they acted to recover the car under the contract.
That is if sent a copy of the letter as defence.
He can submit a defence in his absence.

This is what I would do to limit the bill, but remember sign nothing.
The initial contract is already signed.

Amy_Smith

barbarawright wrote: »

A bill which, I assume, the OP would be landed with as her husband would ignore it

Believe me, I won't be paying it. But neither will he, so, as the house is in our joint names, when he is made bankrupt, I would probably lose my house. But there's little I can do about that. The courts decide these things.

Amy_Smith

spacey2012 wrote: »

They can not set a deadline for voluntary repossession, he can voluntary surrender the car at any point he is contractually bound to do so, they can not say, right after this date you can no longer surrender it, they can only say, at this date we will instigate court action.

Only a court can alter the con (course) of the contract and util that point the initial contract remains in force.

He should SERVE a Written (stamp + envelope + proof of delivery) notice upon them that the car is voluntary surrendered, that no extra contracts or documents will be signed assigning or altering course of any contract other than was assigned at the time of initial forging of said contract.

This hits it back in to their court and if they refuse to act and recover the car using the valid contract the circuit judge will throw them out unless they can prove they acted to recover the car under the contract.
That is if sent a copy of the letter as defence.
He can submit a defence in his absence.

This is what I would do to limit the bill, but remember sign nothing.
The initial contract is already signed.

I don't quite follow this, but as the court date is in 2 day's time, I would say it is a bit late. I just have to decide whether to leave the keys in the house with the door unlocked in the middle of the floor or in a jiffy bag under the windshield.

I don't really want people ramsacking my house claiming they were looking for the car keys. I will have to think of something.

HappyMJ

Amy_Smith wrote: »

I don't quite follow this, but as the court date is in 2 day's time, I would say it is a bit late. I just have to decide whether to leave the keys in the house with the door unlocked in the middle of the floor or in a jiffy bag under the windshield.

I don't really want people ramsacking my house claiming they were looking for the car keys. I will have to think of something.

Ring them and offer to post the keys recorded delivery...

spacey2012

If you allow them the upper hand, they wont bother looking for any keys, this adds £1500 on for a new ecu and transponder fee.
If he has not filed a defence, it will be a default claim for every penny they claim and every penny they want to add on.
This is where they really make the big bucks out of the deal.
If you own property, this is most foolish and if he is not capable of applying himself to damage limitation, you had better prepare for a storm and start looking for somewhere to live if he is considering bankruptcy.
If he can attend court, he must and take the documents, keys and contract and argue he is making every offer to surrender the car under the contract but they refuse this and ask the judge to order the contract to be forced, he can enter a sworn affidavit that this is his intentions and the car is available for collection at any time and they now have keys and documents.

If it is your intention, to put your head in the sand, you are really wasting your time on here, this is about money saving, not money wasting.