Advice on PCP for car

jimbob123ABC

Hi all, I unfortunately got a CCJ by default.  I've appealed to the court using the N244 mechanism and the court granted a stay of the judgment and set a hearing for November this year.  The other side were told that I was submitting the N244 and so it was submitted with notice.  However, they still proceeded to take the car.  I've told them several times that this was a wrongful repossession as they should not have done this (I was not home at the time).  However, they refuse to say what will happen with the car or indeed my personal belongings in the car.  I've written to them again today to say they have 7 days to return my personal belongings before going back to the court.  However, is there anything else I should do and should they also return the car given that the CCJ is not valid?

jimbob123ABC

I should have said, as a result of the direct commission payments they included, based upon what the FCA have said that it is likely that they will owe me enough to clear the remaining balance on the car.

Hoenir

jimbob123ABC said:

I should have said, as a result of the direct commission payments they included, based upon what the FCA have said that it is likely that they will owe me enough to clear the remaining balance on the car.

What have the FCA told you? 

born_again

jimbob123ABC said:

I should have said, as a result of the direct commission payments they included, based upon what the FCA have said that it is likely that they will owe me enough to clear the remaining balance on the car.

That is still up in the air till Sept this year & they may rule that there is no case. You can not rely on this to pay what is owed..

So the question is.
How much do you owe them & how many payments have you missed?

Nasqueron

jimbob123ABC said:

I should have said, as a result of the direct commission payments they included, based upon what the FCA have said that it is likely that they will owe me enough to clear the remaining balance on the car.

Unfortunately if you have been reading Martin's ramblings, you may have been led to believe you might get the entire balance back or something like that? The FCA review won't finish until at least September, some have suggested into 2025 due to various issues with old paperwork. It may result in a damp squib where they accept that as it was not banned at the time, there was no miss-selling. They may say they have to pay you a small amount based on commission difference only etc. I wouldn't rely on this being paid any time this year or that you would get tens of thousands, you might have had positive DCA (lowering the rate) or it might have been only 1% difference  

jimbob123ABC

born_again said:

jimbob123ABC said:

I should have said, as a result of the direct commission payments they included, based upon what the FCA have said that it is likely that they will owe me enough to clear the remaining balance on the car.

That is still up in the air till Sept this year & they may rule that there is no case. You can not rely on this to pay what is owed..

So the question is.
How much do you owe them & how many payments have you missed?

I'm not really hanging anything on the outcome of the FCA ruling, only that the car company has admitted it and I've lodged a complaint.  My question really is about the court process.  If the judgement was stayed should they be returning the vehicle to me as in effect the CCJ is unenforceable and of course I'm still struggling to get my personal items back from them

ManyWays

jimbob123ABC said:

 should they also return the car given that the CCJ is not valid?

What makes you say the CCJ is not valid? Did you defend it? Were you in arrears at the time? 

jimbob123ABC

ManyWays said:

jimbob123ABC said:

 should they also return the car given that the CCJ is not valid?

What makes you say the CCJ is not valid? Did you defend it? Were you in arrears at the time? 

The CCJ is no longer valid as it has been stayed by the court with a new hearing for November.  Basically the finance company has been told to represent their case again.

Hoenir

Has the finance company obtained a court repossession order for the vehicle ? The CCJ is presumably a seperate matter for the arrears accumulated. 

jimbob123ABC

they did get a court repossession order and this has now been suspended as part of the N244 submission.  They were told in advance of the N244 being submitted to court, along with the notification that a complaint had been lodged with the FoS and details of that complaint, including various breaches of the CONC regulations set out by the FCA