When can a car be repossessed?
A car can be
repossessed when the payments are not kept up to date. This is mainly
when cars have been bought of hire purchases. This is when you have a
monthly payment for a car and after a certain time period, the car will
become yours, but whilst you are still making the payments, the car is
still the property of the lender and you are essentially hiring it from
them.
With this type of purchase, the lender can repossess the car
without a court order if you have paid less than one third of the value
of the loan for the car. They can't do this without a court order if
you are near the end of the loan period when you run into money
troubles.
What is a repossession?
This is where most
people get mixed up about what constitutes a repossession. The lender
cannot just turn up on your doorstep, enter the premises and then take
the car. This would be breaking and entering and theft. They have to
have your consent to take the vehicle. If you are having money problems
anyway, you might be happy giving your consent.
If you do not give
consent, then the lender has to apply to the court for a default order
and then a repossession order for them to legally take the vehicle.
What if you want to keep the vehicle?
If
you are having money trouble, but you want to keep the vehicle, you can
ask the lending company if they will give you some time to get some
money together and carry on making the payments. This is at the lenders
discretion and don't rely on this. They can refuse this and send you a
default notice anyway.
You also have the option of contacting the
lender and asking them for a reduction in payments. This way, you are
still making some payments and you are not completely defaulting on the
payments. You will still incur interest on this payments, so you need to
discuss with the lender if the lesser payments will cover the interest
as well, otherwise there is no point in making the payments.
Check your contract!
Before
you do any of the above, you should check the contract and see how long
you are actually tied into the hire purchase for and if there are any
"get out" clauses. There may be a clause where if you are made
unemployed, you can just give the car back no questions asked.
If
you are near the end of the contract anyway, you might have options for
selling the car, paying the remainder of the loan off and then paying
some other items off as well. This might be better for you in the long
run because you won't default on the loan and it would affect your
credit score.
When you are experiencing money problems, it will be
a highly stressful time for you. It will be hard for you, but keep in
mind there are options out there for you. You don't have to live in the
constant worry that a bailiff is going to come knocking at your door. Do
your research and try to remain calm.
If you are thinking about
hiring a car and you know that you might come into money troubles in the
future, it may be worth having a credit check done to see what items
you actually own and what could be repossessed in the future.
Source
The Ins and Outs of Car Repossession
Posted by CB Blogger
Blog, Updated at: 10:58 PM
