29th May 2009, 17:29
| #1 (permalink) |
| Basic Account Holder |  Please help me!!! asap 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! |
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29th May 2009, 18:22
| #3 (permalink) |
| Site Team  Is your bank avoiding its debts Data disclosure poll Cagger since : Aug 2007 I am in: Yorkshire (ish)
Posts: 8,176
  | Re: Please help me!!! asap 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
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29th May 2009, 18:29
| #4 (permalink) |
| Basic Account Holder Give yourself a better chance with our claims guides and litigation kits Cagger since : May 2009
Posts: 10
| Re: Please help me!!! asap 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? |
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29th May 2009, 18:36
| #5 (permalink) |
| Site Team Have we helped you? Please help us by making a donation Cagger since : Aug 2007 I am in: Yorkshire (ish)
Posts: 8,176
| Re: Please help me!!! asap 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.
__________________ Please sign this petition http://petitions.number10.gov.uk/bankchargesuk/ Help us to keep on helping Please consider making a donation, however small, if you have benefited from advice on the forums This site is run solely on donations My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help. |
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29th May 2009, 18:40
| #7 (permalink) |
| Site Team | Re: Please help me!!! asap 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
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29th May 2009, 18:42
| #9 (permalink) | |
| Site Team | Re: Please help me!!! asap Quote:
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
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29th May 2009, 18:57
| #10 (permalink) |
| Site Team  Is your bank avoiding its debts Data disclosure poll Cagger since : Mar 2006 I am in: Birmingham.
Posts: 13,362
| Re: Please help me!!! asap 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.
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29th May 2009, 19:49
| #12 (permalink) |
| Basic Account Holder Where else can you earn 8% interest on your money? Start your County Court claim NOW!!! Cagger since : May 2009
Posts: 10
| Re: Please help me!!! asap 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....  |
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29th May 2009, 20:17
| #13 (permalink) |
| Site Team I am in: Yorkshire (ish)
Posts: 8,176
| Re: Please help me!!! asap Hi, what's the date on the default letter?
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29th May 2009, 20:18
| #14 (permalink) |
| Basic Account Holder Worried about your signature being copied onto CCAs etc? Use SignGuard Cagger since : May 2009
Posts: 10
| Re: Please help me!!! asap 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... Last edited by Djones08; 29th May 2009 at 20:28. |
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29th May 2009, 21:07
| #16 (permalink) |
| Site Team eBay user? Find misspellings and zero-bid items Cagger since : Aug 2007 I am in: Yorkshire (ish)
Posts: 8,176
| Re: Please help me!!! asap 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
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29th May 2009, 21:15
| #18 (permalink) |
| Site Team | Re: Please help me!!! asap That's what we're here for. If you have any doubts just ask and we'll do our best to help.
__________________ Please sign this petition http://petitions.number10.gov.uk/bankchargesuk/ Help us to keep on helping Please consider making a donation, however small, if you have benefited from advice on the forums This site is run solely on donations My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help. |
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