I knew this BR was going too smoothly...MASSIVE blow yesterday :(

hannah9000

So for the past 6 months I have been thinking how easy this BR stuff was and that it hadn't really affected me at all apart from needing a new bank account.
Yesterday I got a knock on the door, some bloke stood there with some papers - my immediate thought was '!!!!!!, a bailiff?', he explained who he was, where he was from (JCA Associates) and who had sent him.....TO COLLECT MY CAR!!! : (
This guy had just woken me up so to be told that early that he was taking my car riled me somewhat, I had had no notification from Volkswagen and I was 6 months into my BR so I couldn't work out why it was now they decided they wanted to repo the car. Just for the record, in 2.5yrs, I have NEVER defaulted on that car and I told VW back in December that I was going BR yet they didn't say they wanted the car back.
Anyway, he said he was going to clamp the car, I promptly told him if he clamps the car I'll put his head through the nearby fence and then I told him to eff off. He put on his sympathetic face and said I needed to speak to his boss. So I did, and the clamp came off.
Long story short, I called CAB, Free Legal Advice, my OR and VW. And the conclusion is that I can't keep my car. VW apparently had taken this long to get in touch with the OR to be officially informed of my BR even though I told them back in December. I was FUMING.

So, just a wake up call. If you're sailing through your BR with no problems, just be on your guard...

robpw2

hannah9000 wrote: »

Anyway, he said he was going to clamp the car, I promptly told him if he clamps the car I'll put his head through the nearby fence and then I told him to eff off.

QUOTE]
i was feeling for you then i read this...

what a nice person you must be

hannah9000

I'm normally very calm but the guy had just woken me up and tried to take my car!!! How else was I to react? Plus, the guy was huge, there was no way I could do that!! Lol.

blind-as-a-bat_2

Intresting, you say 2.5 years, so your past one third point in the agreemant unless it was an unusualy long agreemant, most HP is 5, six years tops.

It does depend on the type of agreemant, but if it was a simple HP agreemant they should need a court order to repo it, if your past that point.


Am i guessing correctly there is a balloon payment at the end or something?, if so i dont think the one third rule applys to them, but not sure

You where right to be angry at them just turning up though, as they must give you reasonable notice

sieve

Really sorry to hear that Hannah

skylight

A car on HP in BR is always likely to be taken, but its very pathetic that they have taken this long to actually do something about it!

I would have been cheesed off at that time in the morning too.


Anyway - strip the car, return the tax disc for a refund, syphon out the petrol etc before they take it; cos if you leave anything in it thats your's you wont ever get it back.

Holes_in_my_pocket

On the bright side theres no hole in your fence

hannah9000

Holes_in_my_pocket wrote: »

On the bright side theres no hole in your fence

LOL! Heehee, thanks guys. I'm ok about it this morning, my agreement was 5 years so I am halfway through. I really haven't got a leg to stand on legally as it does state in the contract that the car may be repo'd should I be declared BR (I spoke to a VW rep about this, the 'may' bit, and he said I'd breached the contract so it was company policy for them to take it)
I think my OR is looking to sort an ED for me as I returned the ED form back 3 weeks ago, so I think that is why it's all coming to light now.
I've just figured that i'm lucky we have two cars in the household, and that I work a 5 minute walk from my house. My dad (bless him) has sorted me with another car once mine gets collected at half 4 : (

blind-as-a-bat_2

hannah9000 wrote: »

LOL! Heehee, thanks guys. I'm ok about it this morning, my agreement was 5 years so I am halfway through. I really haven't got a leg to stand on legally as it does state in the contract that the car may be repo'd should I be declared BR (I spoke to a VW rep about this, the 'may' bit, and he said I'd breached the contract so it was company policy for them to take it)
I think my OR is looking to sort an ED for me as I returned the ED form back 3 weeks ago, so I think that is why it's all coming to light now.
I've just figured that i'm lucky we have two cars in the household, and that I work a 5 minute walk from my house. My dad (bless him) has sorted me with another car once mine gets collected at half 4 : (

They can add what they want to a contract, but if it contradicts legaslation, it would not stand up in court;)

Unfair term in contract that could unfairly enrich the creditor as i see it.

They should still get a court order, the BR clause in HP contracts does not cancel your rights under the CCA, but if you stopped paying after BR, and are now in arrears, that wont help, you dont say here if you are, so thought i better mention that

hannah9000

I did say i've never defaulted on the car, I've never EVER missed a payment.
I really don't know if I have the energy to have a legal battle, my thoughts at the moment are to let it go and start afresh.

blind-as-a-bat_2

hannah9000 wrote: »

I did say i've never defaulted on the car, I've never EVER missed a payment.
I really don't know if I have the energy to have a legal battle, my thoughts at the moment are to let it go and start afresh.

And there is the point, they have had a further six payments they should never have got if THEY always terminate the agreemants after BR;)

But i understand, and agree, a fresh start is the best way, nothing to backfire later if something changes and you can no longer afford the payments.

Just annoys me when the creditors are happy to ignore the CCA themselves, when it suits, yet are up in arms at all the 'unenforceable agreemant' claims because they ignored them

The CCA is there for a reason, to protect the consumer from creditors doing what they have just done to you