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

hannah9000

So could I claim that 6 months of payments back? That's £660 I've just chucked away! Who can I contact about it? Consumer Direct?

blind-as-a-bat_2

hannah9000 wrote: »

So could I claim that 6 months of payments back? That's £660 I've just chucked away! Who can I contact about it? Consumer Direct?

That would probebly be harder to do than keeping the car, to be honest:rolleyes: TS/Consumer Direct, are at best hit and miss regarding anything to do with the CCA, some are on the ball, others dont even know what it is.

What VW has done is allowed you to continue paying for six months, then decided because your BR to repo, they claim they only just found out, i doubt it, the OR has to inform all creditors in the first month or so.

What you need is written confirmation when the OR informed them, it then would boil down to if judge to decide if the elapsed time was enough to consider VW had waived there supposed right to repo by there action of delaying.

That is before you even consider if that clause is lawfull at all.:rolleyes:

So i doubt you will get anywhere without going to court either way.

I would not let that stop you reporting them, both to TS and the OFT, but i would not hold your breath you will get any money back, and have a feeling the OR may try claim it if you did, even though the payments where post BR, i can think of an angle or two they may try there.

Being BR it complicates it a bit, but the facts i first posted still stand, as far as i can see the act is clear, they need a court order to repo it, if they dont do so you could be entitled to get ALL your payments back, it states so in the agreemant, or should.

The problem is no one has taken a HP company to court on these BR clauses yet, as far as i know, but by the letter of the CCA act and legaslation around it, the HP company should lose, but then not all judges seem to understand the CCA iether, so nothing is certain:rolleyes:

But i do know of cases where the debtor was not BR, and the HP company took the car back, but did not do it correctly, and had to repay all the payments+costs+intrest etc

hannah9000

Well it sounds like a huuuuge headache to me!! I have more important things to worry about so I'll just let this one go and hope I get my early discharge so that I can move onwards and upwards. Thanks so much for your help

blind-as-a-bat_2

hannah9000 wrote: »

Well it sounds like a huuuuge headache to me!! I have more important things to worry about so I'll just let this one go and hope I get my early discharge so that I can move onwards and upwards. Thanks so much for your help

Yep, which is why no one has yet bothered contesting that clause i guess.

I have sent you a PM, please take notice of the last bit, its important;)

Cash_Waster

Dont forget to crash it slightly!!

Walter_J

Cash_Waster wrote: »

Dont forget to crash it slightly!!

It would certainly be very tempting to run it without any oil or water in it for a few miles...

hannah9000

My other half suggested letting the dogs wee in it, but they are too well behaved and wouldn't toilet in a car!!

For anyone who might know - I just read the contract of the car and it says (something along the lines of) 'if we take the goods without a court order and you have paid more than a third of the amount, you are entitled to all the money you have paid during the agreement'

There's no court order, so I can only assume my OR is planning on doing this?

skylight

Never assume anything!!

Contact the company yourself and remind them of their obligations. Do not mention your OR - they should not be paying anything to your OR as its not yet a debt in your BR so technically they have nothing to do with them.

Write - whats the worst they can do? The worst is they get a court order to remove the car - this means another months free (ish) motoring for you (the court fee amount would be added to your total, which would then become a BRable debt once the car has been taken). The best is they return your money (which could turn into a worst if your OR wants it!).

charliedavis

This is really enlightening - we had a guy from JCA call around yesterday and we wondered where he was from (he put a card through the door), but he had already handed the car back on Sunday to a collections company. That was also VW. They haven't got a clue have they!

DaisyChainMaker

My car was taken within two weeks of going bankrupt. Which was fine and what I expected. My problem is that the DVLA have written to me today to say that the car has not been taxed (was due end of May), and as they have not been notified of a change of keeper or had a sworn statement that I would be liaible for a fine of eighty pounds. Heeeeeeeelp. x

When they came to collect the car, the guy refused to sign any part of my log book, saying that they take all paperwork and the office sorts it out when the car had been sold through the auctions. I have no proof. Bit worried now x