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Hire purchase return of goods

Hello all, I hope i'm posting in the right place, Long story short I have a car on finance (Hire Purchase), fell back a few times, then caught up, and with covid ect, I fell back with two payments and they started the process of default ect. I stopped payment as I just could not keep up, I did ask if they could reduce the monthly payments, or re configure the monthly instalment's but response has always been negative. I totally ignored the whole thing seen as I just could not find a solution, I have paid more than half of the finance, they have now taken the matter to court as they have requested a return of goods and that I pay the rest of the finance off. Unfortunately I only realised late about the court date as I moved out of where I was living so I did not get all the letters the court sent me, by chance I recieved on letter from the court about the court date as the postman put it through my ex neibours door. So I will not be able to attend the court date, even if I did it would not go in my favour, so the court will probably grant the return of goods order and have me pay the remaining balance.

Would it be me that has to actually return the car or would it be the finance company that has to instruct someone to repossess it? regarding the amount remaining that I will be unable to pay, but the main concern is the return of the car.

Thanks

Comments

  • TheAble
    TheAble Posts: 1,637 Forumite
    1,000 Posts Combo Breaker First Anniversary Name Dropper
    Not sure but probably they will send someone to pick it up. 
  • sourcrates
    sourcrates Posts: 29,767 Ambassador
    Part of the Furniture Debt-free and Proud! Post of the Month PPI Party Pooper
    If they want the car back, they will send someone to collect it.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • I have a return of goods court hearing, so for obvious reasons it will go in there favour and I will not dispute that, but I don't want to get in trouble for not returning the car if the court orders me to actually return it. If by law it's the finance company that has to send someone to collect it and the car isn't at the address what happens then?
  • macman
    macman Posts: 53,098 Forumite
    First Post First Anniversary Name Dropper
    I suggest you agree to voluntarily surrender before it gets to court, because otherwise you will just incur all the extra legal and court costs.
    If you had paid more than 50% of the total finance then you could have terminated without any extra costs involved before legal action commenced.
    The court doesn't order you to do anything, it simply gives the owner the right to repossess it
    No free lunch, and no free laptop ;)
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