Please help me!!! asap

[Djones08]

Hi, my brother purchesed a car with Private & Commercial Finance Group plc, and he has been having trouble paying for it, i think he has £300 left to pay them, the thing is today they called saying they are sending out an 'agent' to are home tomorrow... do they mean bailiff's? if so can he just take what he wants? because the only thing my brother owns is the car, everything in his room was bought for him by me or my mother.... do i need proof to show them that said belongings are mine?? because i have no reciepts.... its got me real nervous because mt parents are on holiday at the moment and arnt back for a week yet..

also they have not sent a letter saying there sending bailiffs...
please help!

[Steward]

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[Djones08]

guys please! i realy need help!

[Ell-enn]

Hi there, please don't panic - if the account has not been subject to court action then there is no way a bailiff is calling!

You say there is only £300 left to pay? how much was borrowed in the first place? if your brother has paid more than one third of the loan then the lender needs a court order to repossess the car.

Has your brother received a default notice? has he only been told on the phone that an agent is calling.

If anyone calls at the house they have no authority to take the vehicle or indeed ask any questions. Do not allow them into the house, tell them you have taken legal advice, that you know your rights and you will be reporting them to Trading Standards.

Ell-enn

[Djones08]

i think he has payed around £3500 to the company and only ows as staited above, we have had no letters telling us a bailiff will visit but the finance company said there sending an 'agent', which makes me panic because i assume they mean bailiff, is it best to just not answer the door? one problem is that my garage door doesnt lock and my mum and dads motorcycles are in there, can they take them without proof of it being my brothers?

[Ell-enn]

Please be assured that if there is no court order then there is no bailiff calling! They can send who they like to your door, but you have no obligation to tell them anything and certainly not let them in. All your property is safe - this is not a court bailiff - only a court can send a bailiff, not the finance company.

Your brother has most certainly paid more than a third of the loan and therefore the finance company would need a court order to take the vehicle. With such a small amount remaining, even if it did go to court the judge would not give the finance company possession, your brother would be able to negotiate payments that he could afford.

If anyone does visit your home - you must remember they have no authority to take anything and you are under no obligation to speak to them.

You are a long,long,long, way away from a bailiff calling, please believe me.

[Djones08]

ok, thank you for the advice. you have been very helpfull

[Ell-enn]

No problem, just remember if anyone calls they have no authority whatsoever, they have been sent by the finance company to put pressure on your brother to pay.

Ell-enn

[Djones08]

ok, thank you, my brother said it was most probably a scare tactic to get him to pay sooner.

[Ell-enn]

ok, thank you, my brother said it was most probably a scare tactic to get him to pay sooner.

Exactly! If he needs time to pay or to make smaller payments for a while he should write to them detailing that. If you need help with a letter let me know and I'll draft one for you.

Ell

[Rooster-UK]

As Ell-Enn said, it will be just a collection agent with no legal rights, whatsoever.
Just refuse to speak to them and ask them to leave your property, then close the door. If you have a chain on the door then you don't even have to open the door to tell them to leave.

If they refuse to leave or get stroppy, call the police and tell them that there is an unwanted caller at the door who you feel threatened by, and is refusing to leave.

Regards, Rooster.

[Djones08]

ok, thanks for all your help guys, if someone calls ill just not answer the door, after all its not my debt.

[Djones08]

guys! i just found one of my brothers letters and it is a default notice and it says he has failed to keep with the agrement and there now entitled to take action....

[Ell-enn]

Hi, what's the date on the default letter?

[Djones08]

04/03/09

I told him to call them and he did and he told them on the phone that he will go to the bank 2moro and try to put half the money in...

[Djones08]

they would need to send a letter to let us know if they were involving bailiffs rite?

[Ell-enn]

There would need to have been court proceedings before you'd even get close to that stage!

The process would be:

Lender issues court papers
If you don't attend the hearing a CCJ would be granted.
A letter would then come from the court stating that you must pay the judgment amount within 28 days.
If you don't pay the lender can ask for a warrant of execution - you would then get another letter from the court advising of this and telling you that you need to pay immediately.
If you don't pay then a bailiff will call.

All this takes several weeks (probably a couple of months), so unless there have been court proceedings recently there will be no bailiff calling!!

Ell-enn

[Djones08]

ok thank you, im new to all this and my brother wouldnt bother looking for help, he cant even pay his bills,lol... glad i found this site, your very helpfull

[Ell-enn]

That's what we're here for. If you have any doubts just ask and we'll do our best to help.