Author Topic: Husband has court summons for car repossession  (Read 2173 times)

Amy Smith

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Husband has court summons for car repossession
« on: Sep 22, 2013, 10:15:39 AM »
Last month my husband received a court summons from Black Horse Limited for the repossession of his car. He had until 10th September to make a response to the pursuer (Black Horse). He did not. He hasn't made a payment on the car for a year, so I was surprised that they hadn't taken it away already but looking at the contract, they appear to not be able to do that if you have already paid a third of the cost already. He has no funds, no income and no money and has made no attempt to contact them, but that is not what my question is about. [/size]I can say with 100% certainty that he will not attend the court. I gather from my limited research that he would not be arrested for this and that they will certainly decide in the pursuers favour (and quite rightly so). My question is how would they go about repossession. He would not answer the door or contact them in any way - that's just the way he is (so any 'urge him to...' replies would fall on deaf ears I'm afraid). But the car is right there on the driveway. I would be happy for them to just take the thing, but are there any criminal implications from him not wanting to communicate with them in any way? It has no valid MOT, battery is dead but I am still insuring it of course. Thanks in advance for any advice.

James Falla

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Re: Husband has court summons for car repossession
« Reply #1 on: Feb 21, 2014, 09:59:52 AM »
Hi there Amy

As you have rightly said most car finance agreements say that if you have paid more than a third of the value of the contract then if you stop paying the car cannot be repossessed without a court order. I have no idea why Black Horse have waited this long however they have at last taken action. I have to assume that as your Husband has not responded to the court summons the court will have simply granted the repossession order to Black Horse. As such you should expect someone to turn up and take away the car. They can do this with no further notice once the court has issued the repossession order.
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