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Dave | Car loan company taking me to court - what do I do? |
OK, I bought a car with a car loan, but didn't keep up the re-payments. Instead of contacting the company, I ignored it (I know I should have done - but i didn't). I've now been given a court summons regarding it - for this Thursday.
I know I'm leaving it right to the very last minute, but is there anything I can do about it to stop them taking me to court? If I ring, are they just going to laugh / demand the full amount be paid to them, or are they general about to cut a deal (i.e. return the car, and pay instalments to cover the deficit?). Any help really appreciated, as I'm really worried about this now. I've not done anything sooner as I've just been burying my head in the sand whilst it gets worse. Plus I can't even make the court appearance - what happens if I don't show up?
Many thanks! |
 |
 
x matt n claire x
|
you do not have to attend court but contact them or send them a letter saying that they can go ahead without you, but doing this you can not put your side across, if you want to go this rd best thing to do is apply to the court with an pffering of payment , do this in writing, they will send you in the post a form for income and exspenditures which you will be required ti fill and returna dn only then they will take into account what you can aford or cant and also what you are offering normally what ever you offer a month they make you pay double that unless they truely believe you are incapable of paying that amount and leaving you what the law says you need to live off. you may not even have to give the car back at this rate, thats if you have a paid a third of the cost already.... you cold try contacting the company but i dont think personnaly now they have requested and been granted a court date that anything will be done. i hope this helps, and dont worry many ppl bruy their heads when it comes to such amounts and can be very worrying, just please write a letter of request to the court and you can still get out of this mess. |
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STEPHANIE
 |
If you don't show up, they automatically get whatever they want, and a judgment will be ordered against you. So show up.
I am surprised they haven't repossessed the vehicle already. Normally in a case like this, they repossess, sell it at auction, and then sue you for whatever the balance was between what you owed on the car and what the car sold for. (They really make no effort to get the best price.)
Calling them can't hurt. Worst case scenario, you are still going to court, best case scenario is they work something out with you. They want their money, bottom line. However, they will probably want a chunk of cash (minimally, what you are currently in arrears) upfront before they will renegotiate the terms of the contract. If you don't have that, try anyway...they really just want their money. |
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LG
|
GO to that court hearing or they will win by default. Meaning they get a judgment, take the car (I am shocked you still have it) , the go after other assets to cover the difference between what they sell it for and what you owe. They don't give a darn what they sell it for either.
You can call and see if they will work with you who knows but DO NOT LET them get the default judgment. |
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sail
 |
what is your country? I need your country name to advice |
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I dont know!
|
This advice is for UK residents.
If you do not appear at court, a possession order will be granted to the finance company. This is definite. This is the reason they are taking you to court. If you are not there to defend yourself, the possession order will be granted. A recorvery agent is then assigned to collect the vehicle and it can be taken any time of the day, even if it is on private property. They can take it from you if you have parked up and popped into Tesco's for 2 minutes. They can take it if it's chock full of personal belongings.
Whether or not they will accept any arrangement entirely depends on how much the balance is, how much the car is worth and whether or not you can make the payments. It is also entirely dependent on who the finance company is. GE Finance are bastards for their all or nothing approach. HOwever my finance company, Welcome Finance are far more lenient in their collections process. |
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proudpreemieparents
|
You need to show up and be responsible about your debts. You could be fined by the Judge if you don't show. They may just cut you a deal on the payments, who knows or the bank may repossess your car for non-payment. Why did you get the car if you couldn't make the payments? |
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Karl D
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You didnt say where you live in the world. In the U.K. we can make an out of court settlement. If you do go to court just say you're unemployed and can only make a small payment out of your benefits. If you are workng just try and blag it with the above anyway. |
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Lord drydreamer of that ilk
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If you have received a summons it would not be a good idea to contact them if you don't appear in court a warrant will be issued for your arrest |
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angel eyes
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sit in corner and rock |
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jg23
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I have been summons on a delinquent car loan. I am unemployed and exhausted all my monetary funds. Bottom Line even being taking to court they are going to get a judgment on me and I will still not be able to paid the amount for the car. I know I can file for Chapter seven after default judgment.
Can a court give me a grace period till I get a job to work with Creditor, or is it an automatic win? |
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