Car getting repossessed - anything i can do?

oasis1979

my sisters car is being repossessed from Arnold Clark as she hasn't paid anything since april.

she only got the first letter earlier in october say she had 21 days to pay £700+. they said they had called and left messages but she never got any of these. so she got the money together and called after 22 days (21st day was a sunday so place was shut) and they said it was too late and someone would be coming to take her car away within 7 days and are going to auction it and she will owe them anything thats due if the car doesn't reach the asking price - is there anything that can be done?

please help as she's in bits

standupguy

Arnold Clark is a car dealer - who is the Finance company?
What sort of agreement - HP or loan?
Is the letter a default notice?
What deposit did she pay and when
What were the monthly repayments and how many of these have been paid?

oasis1979

standupguy wrote: »

Arnold Clark is a car dealer - who is the Finance company?
What sort of agreement - HP or loan?
Is the letter a default notice?
What deposit did she pay and when
What were the monthly repayments and how many of these have been paid?

Hi its RCI Financial Services
its HP
dont know about the letter
she paid a deposit of £700 approx 2 years ago
full cost of car was £6000 and has £2700 remaining to pay

standupguy

Ok - RCI is Renault Financial services so they are bound by the FSA and CCA regulations.

The first thing we need to do is to establish if she has paid one third the HP price - you will find this figure on the original document.

So, add up the deposit and all of the payments she has made - if this figure is more than the third HP price figure then the car cannot be repossessed without a court order.

If you need a double check you will need to tell us,
The cash price of the car
the total interest charges
the amount of any documentation fees
the monthly payment
the total number of monthly payments on the agreement - eg 48 or 60 months etc?
The total number of payments she has made

So, the first thing to establish is whether RCI have a legal right to repossess without a court order

Also, details of the letter would be helpful - is it a default notice and what are the figures on this letter - it should give you a breakdown of figures

oasis1979

ts_aly2000 wrote: »

They NEED a court order to repossess the vehicle. Ironically they don't tell people that.

If it was me then I'd tell this company to get a court order, until which time any action will be theft.

thats good to know - thanks!

oasis1979

standupguy wrote: »

Ok - RCI is Renault Financial services so they are bound by the FSA and CCA regulations.

The first thing we need to do is to establish if she has paid one third the HP price - you will find this figure on the original document.

So, add up the deposit and all of the payments she has made - if this figure is more than the third HP price figure then the car cannot be repossessed without a court order.

If you need a double check you will need to tell us,
The cash price of the car
the total interest charges
the amount of any documentation fees
the monthly payment
the total number of monthly payments on the agreement - eg 48 or 60 months etc?
The total number of payments she has made

So, the first thing to establish is whether RCI have a legal right to repossess without a court order

Also, details of the letter would be helpful - is it a default notice and what are the figures on this letter - it should give you a breakdown of figures

ok brilliant - will get all this info from her tonight i see if i can figure something out

Robbda

Did they take it?