Car finance no resolution.

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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TrishaTee81
Posts: 1
Joined: 14 Dec 2020 07:33

Car finance no resolution.

Post by TrishaTee81 »

Good morning and TIA.

I bought a car, through finance in 2018
It was a loan and the car was registered at my address in Scotland.
My life got turned upside down and aside from falling behind with payments, dealing with any formal documents was so daunting I couldn't tackle them and I was changing address so frequently, it made more sense to keep my old address until I was settled.

Fast forward to December last year, my life is back on track and now want to tackle my debt, however, now I stay in England, I had correspondence from an agency in Scotland, but when I tried to speak to them regards repayment I could never speak to anyone, always told they would call me back but never did.
Then in Feb this year I get correspondence from an English debt collectors, threatening court action and Baillifs, I contact them, fill in a payment plan only to hear nothing for 3 months, so I phone them, chap says he will contact them, 6 months later I have still heard nothing?
I am concerned that bailiffs can just turn up and take my car, reading many stories of where the debtor doesn't actually receive the 7 day notice.
I am more than willing to repay, but is it the fact my car is still registered in Scotland the reason for delay, should I leave it like that till this is sorted?
I really am at my wits end, became self employed to do better, but now turns out I won't be considered for an IVA because I am self employed, and without my car I can't work.
zeke
Posts: 244
Joined: 30 Jul 2012 21:23

Re: Car finance no resolution.

Post by zeke »

The remedy depends on what kind of finance your car is on.

If it's hire purchase, the bailiffs cannot take control of it, unless the creditor is the car lender seeking possession of the car.

If a hire purchase car is used in your work, then it still cannot be taken, and the bailiff attracts a liability for damages.

This is expensive for bailiffs if the car is a taxi or a courier van.

If the car is on hire purchase, it is immaterial if the car is registered in Scotland.

Having a Scoitland registered car only makes it more difficult for the enforcement of traffic contravention debts in England and Wales.
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