PLEASE HELP-paying but bailiffs coming?????

devastated_2

I have a hp agreement for a car with toyota -not far off completing it -14 months -3 months not paid -I fell into difficulties and stopped payments. Toyota understandably issued default and I made arrangment with their credit company P&A receivables to pay them the arrears. Continued to do and reduced amount of missed payments by regularly overpaying by £30 each month.

Received letter from P&A on 29th Feb saying stop continuous paying now in hands of toyota legal dept and heard nothing more. Yesterday postman handed me brown envelope and says bailiffs coming. Contacted court and they confirmed sent to wrong address in 2006 even though I had notifed toyota dealer as I kept car maintained and notified credit agency of correct address too. THe latter two regularly contacted me at current address but not for the hp shortfall.

Problem - CCJ all done without my knowledge, they want 12.5k in three weeks -I owe £900ish and that would drop again if continued payments. If I had known doing this I'd have just handed car back in 2006. Doing it this way they get more money.

My job is 50 miles away and I am going to lose it. Advice needed on how to deal with this PLEASE

incesticde

devastated wrote: »

I have a hp agreement for a car with toyota -not far off completing it -14 months -3 months not paid -I fell into difficulties and stopped payments. Toyota understandably issued default and I made arrangment with their credit company P&A receivables to pay them the arrears. Continued to do and reduced amount of missed payments by regularly overpaying by £30 each month.

Received letter from P&A on 29th Feb saying stop continuous paying now in hands of toyota legal dept and heard nothing more. Yesterday postman handed me brown envelope and says bailiffs coming. Contacted court and they confirmed sent to wrong address in 2006 even though I had notifed toyota dealer as I kept car maintained and notified credit agency of correct address too. THe latter two regularly contacted me at current address but not for the hp shortfall.

Problem - CCJ all done without my knowledge, they want 12.5k in three weeks -I owe £900ish and that would drop again if continued payments. If I had known doing this I'd have just handed car back in 2006. Doing it this way they get more money.

My job is 50 miles away and I am going to lose it. Advice needed on how to deal with this PLEASE

Right first take a deep breath..
Someone will be along soon who knows better on how to advise, in the meantime

Does the bailiff letter come from the court itself, and if so is the bailiff order on your new address? Gather up paperwork that shows you have received correspondence after the address change.
Do they give a date?

You say you will lose your job? Is this if you don't have transport or you have already been told you are losing it?

chappers

If you think you have been treated unfairly or that the judgement was made against you and you didn't recieve the summons because it was sent to the wrong adresss, you can use an application notice (form N244) and request to have the judgement set aside, all action against you will be suspended pending the out come of the hearing.

You can down load the form here http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=484

There is a fee to pay not sure how much though, ring the bailiffs and tell them you are submitting an apllication to have the judgement set aside.

then in the mean time go back to making your payments.

devastated_2

bailiff notification was sent by court - I contacted them and they confirmed it was senj to address I had moved out of . The court staff was sympathetic but seemed to indicate nothing I could do- did not say anything about setting aside judgement,

they gave me name of solicitors who did job for toyota and phoned them and they weren't in any way bothered. Got their documents to day with a covering note saying that the arrangement tio continue paying with their credit agency was not a formal one but tough. Thing is in 14 months I'd own it outright, this way toyota are getting at least 8k in additional payments as they get to claim for all interest that would accrue and a hp charge and the car is worth less than they claimed in court -at least 3k less.

I'll lose job as 50m there and 50mback, buses not possible

I am going to contact toyota on monday and see what they say -but so far all parties in distribution are not interested at all. I'm stuck

chappers

Right as you didn't have the summons served upon yourself and they have admitted they sent it to the wrong adress, even though they had your correct address, because of this you have the perfect reason to have the judgement set aside, and when you get your day in court you should explain that you made an arrangement to pay with Toyotas collectors and had you known a summons was made aginst you then you would have made an arrangement direct with toyota that was acceptable to them.
The application notice will stop the bailiffs action and any further action until a hearing which will be set for sometime in the future9probably 4 months hence).In this time I would state your case in writting back to toyota and also keep paying them the arranged amount that their collectors agreed to ie. the monthly payment plus the £30 towards arrears make sure you can get that payment plan back upto date and try and pay off more of the arrears if you can. Hopefully they will agree to your proposals and if not i'm sure the judge at the hearing will agree and then you can probaly make arrangements through the court.
The main thing you want to do is to get the CCJ overturned and removed from your credit file, and in my opinion they didn't act with due dilligence when issueing the summons.
Even if you don't get the judgement set aside it will buy you some time to sort it all out.
How much are the arrears on the payment plan could you get back up to date and then pay the normal payments.
Basically get the forms in to have the judgements set aside, try and negotiate with toyota and keep paying as much as you can, to show yourself in the best light.