Surely they can't do this?!

rosyw

Sorry if this is in the wrong place, but need some advice.
Since my OH passed away our daughter has got into a dreadful financial mess as she can't work due to depression. To cut a long story short, she has been unable to pay her car finance, the finance company refused poi9nt blank to allow her to make reduced payments, so she ended up with being taken to court and and order for the car to be reposessed. She was told to contact the solicitor to make arrange ments for collection, which she had been trying to do, but over the weekend she has been getting threatening and abusive messages on facebook from a person representing the company which are supposed to be collecting the car. She has hardly slept with the worry that this person might turn up at the house while she is on her own with her 22 month old. Surely this sort of behaviour is not allowed?? can anyone advise??

beth58_2

I doubt this is ligitamate contact therefore she should contact her solicitor and the police and report harrassment.

rosyw

She has spoken to the solicitor, who although not very helpful, has confirmed this is the person who should be collecting the car. They declined to comment on the facebook messages until they have looked into it!

MrsTinks

Make sure she takes copies of the messages in case they try to remove them and then contact the police. Harassment and bullying IS taken seriously

rosyw

Thanks, I've already told her to copy the messages, she has them emailed so will print them out, I wasn't sure if the police would actually do anything?

ilovebanksMCMLXXXI

Hi.

In terms of the actual credit agreement; yes they can take the car away if payments are not met. That will be in the terms and conditions and will no doubt state that two or three consecutive payments are missed the car will be clawed back.

In terms of receiving abusive messages through social networking sites that isn't acceptable; not to mention very unprofessional.

I would present the finance company with copies and ask them to explain why they are instructing an organisation who use methods such as that - they won't that to go public, I can assure you.

All the best

dizzybuff

Under the Harrassment act a company can contact you a resonable amount of times in a week at resonable times relating to an outstanding debt. I think i have the act wrong , but The Harrassment act is the one that the police should follow.

For example , 3 phone calls a week during daylight hours would seem to be reasonable.

Keep the messages , your daughter is clearly Harrassed. Facebook is a very sensitive area, however a course of conduct has been established ie more than 2 messages therefore they should at least give a harrassment warning.

The Car debt is a civil matter , however the company have possibly over stepped the mark ( or an employee or contractor) so a criminal warning or harrassment crime should be put in.

Hope this helps.

rosyw

Thanks, I'm not questioning the car going back, just their way of going about it!
A;parently the company were instructed on Friday afternoon to collect the car ASAP. The first message was received on facebook at 10.30pm that night, and have continued all weekend.
I have told my daughter to speak to the police as I'm concerned that this "person" will turn up late, when her partner has left for work. I wouldn't be happy for her to have to deal with him on her own and I can't get to her place.

saltnvinegar

Hi

Unfortunately theres not much you can do to stop them taking the car.

However you shoud report their conduct though to the OFT and Trading Standards as this is a major breach of their guidelines on fair business practice.

In fact, depending on the nature of the messages left, and if her other Facebook friends could see the posts there may be a case for a breach of the data protection act also.

If you don't complain to the relevant governing bodies then this will only allow them to think they can get away with this sort of behaviour.

SnV

toffe

this company have almost certainly broken data protection legislation by sending you these messages.

For example, how could the company be certain that the person they were messaging was you?

before discussing a financial agreement, or any aspect of it including repossession, the company must ensure they are speaking to the correct person.

i'd ring the information commissioners office help line and see what their opinion of this is, if it was me i'd pursue action against them if the ICO agree that this is a breach of data protection, even if that action is only reporting them to the ICO and their licencing body the OFT.

hopefully one of them will take some form of action against them.

rosyw

Thanks you for the replies. I shall make sure she reports it to all relevant people.
This sort of behaviour is totally unacceptable. The first of the messages stated her name & address and ALL details of the repossession! I'm assuming that it was sent to everyone on facebook who has the same name. I have told her also to report this as abuse on facebook, at least this "person" should then been thrown off.