URGENT question about car repossession

Bakeybadoo

Can a car be repossessed and removed from private land?

Bakeybadoo

Anyone? This is REALLY urgent.

fermi

No real idea Bakey

I would imagine that in order to access private land, they would need a court order at the very least.

You've got bad timing, as my brother-in-law is a lawyer who deals with this stuff, but they are on holiday and out of contact.

I'm sure other may be able to help?

Bakeybadoo

Sounds about right for our luck lately!

Yes, we have a tow truck outside of our place (on private land - a huge driveway around the back of shops, we live above) and he's claiming we were served notice but we had nothing.

We've been in dispute with the finance company for months now. We don't care it's going back, it was on dh's BR petition so it's going to go now anyway but they have to abide by the proper steps. I was reading they had to give us 15 days prior notice which we never had. Of course tow truck bloke is saying we had it and it's not his job to prove otherwise. Ugh.

Anyway, police are on their way. Great fun.

JasonLVC

If you've missed any payments, then you're in breach of the agreement, but, if you've paid one third or more of the 'total price' of the goods, then they are 'protected goods'.

This means that the creditor (finance company) can only repossess the car with a court order.

If they repossess the car WITHOUT the court order, then three 'events' take place:

The agreement is terminated.
You are freed from all liability under the agreement - past, present and future.
You are entitled to recover all the money you've paid under the agreement.
Thus, there are serious consequences for the creditor if he fails to obtain the 'court order'.

Furthermore, if the car is in your garage or on your drive, then the creditor must obtain a second court order to enter your premises - if he doesn't, you will be able to make a claim for damages. And, before any of these actions can take place, the creditor must first serve you with a 'default notice' which will set out what action you should take.

However you must address the issue of your arrears, speak to the finance company to agree how you can make up the payments. If they do repossess your car in accordance with the rules they are likely to sell it at auction and use the proceeds to settle the remaining balance outstanding on your agreement, any shortfall is likely to be claimed from you. You are also likely to be charged for the costs of the repossession and any court action.

Taken from http://www.hants.gov.uk/regulatory/tradingstandards/financial-services.html#hirepurchase (hants council trading standards)

JasonLVC

Sorry, folks have posted whilst I was typing mine.

Such notices are normally served by hand and/or signed for delivery to stop people saying they did not have the letter.

If genuinely not received then if the vehicle is removed, it will be removed unlawfully. Call the leasing company and ask them to confirm the dates on which the warrant was issued and who signed for it. That should stall them for a bit and may get them back to the table.

Tow truck bloke is likely acting for a registered bailiffs (unlikely the lease company send their own boys around), so he's talking tosh. Ask him to provide copy of notice of intent to repossess, if he ain;t got it he'll have to obtain hardcopy from his offices.

Be plite and nice, the truck man is just doing his job and he's likely heard it all before, so don't attempt reason or emotion - but don;t get arsey either - it's you're fault the car's going back by not paying the finance so just keep things in perspective.

Oh, if the vehicle is essential (ie, you are disabled or have disabled kids for instance) then the court may not have been aware of that and would not have issued the order as they cannot remove a vehicle or goods that are deemed 'essential'. If you've got any old relatives that you "ferry about to shops" then this'll stop the repossession but don;t pretend as you could perjure yourself if it's founf you just lied about 'your old gran'.

JasonLVC

Some bad news though...

It's not on your private land if you live above shops. It will either be a public right of way (usually) or owned by the landlord (unlikely) so as it's parked in a public space, no court order needed to remove it.

You would have been better putting it in a garage or parking it two or three streets away or at a supermarket carpark (although some of the cannier repo guys have been known to trawl the streets around the address) - although you weren't aware it was being repossessed of course. But next time....

To be honest, if your going through BR and the car was going back anyway, what's the point of fighting it as it's going back one way or the other, so just let it go.

Bakeybadoo

The law is rubbish. The policeman just said he wouldn't stop him removing it since it was legally their property and I said that it was private land but he said it was a civil matter.

It's not the point that it's going anyway, it's the point that they legally shouldn't have took it, that they should have taken the necessary steps. Welcome have !!!! all over us from start to finish basically. This was the final straw.

I just can't believe that although they didn't take the legal steps, the police wouldn't get involved. That's crazy. Their taking it was illegal but the law wouldn't help. Where is the sense in that?

He said he wouldn't arrest him, even for trespass.

It is all private land. The shops are all privately owned and all the maisonettes are privately owned.

allofadither

Bakey, what a mess and I totally understand your anger and frustration :mad: Would now be a good time to tell Welcome what you think of them!

Anyway, I hope your weekend gets better cos I think today has turned into !!!!!! Friday, and not just for you. :eek:

Bakeybadoo

I did tell the police that actually. I also told them the law is an @ss.

I also said that it was obviously too much trouble for them to get involved in such a 'trivial matter' - their words and that when I was mugged or raped, I wouldn't bother to trouble them again.

I'm so livid. Honestly, I think I might just have seen steam coming from my ears.

Twopints

JasonLVC wrote: »

If you've missed any payments, then you're in breach of the agreement, but, if you've paid one third or more of the 'total price' of the goods, then they are 'protected goods'.

This means that the creditor (finance company) can only repossess the car with a court order.
If they repossess the car WITHOUT the court order, then three 'events' take place:

The agreement is terminated.
You are freed from all liability under the agreement - past, present and future.
You are entitled to recover all the money you've paid under the agreement.
Thus, there are serious consequences for the creditor if he fails to obtain the 'court order'.

Furthermore, if the car is in your garage or on your drive, then the creditor must obtain a second court order to enter your premises - if he doesn't, you will be able to make a claim for damages. And, before any of these actions can take place, the creditor must first serve you with a 'default notice' which will set out what action you should take.

....

Taken from http://www.hants.gov.uk/regulatory/tradingstandards/financial-services.html#hirepurchase (hants council trading standards)

Did you see this post earlier? Have you paid more than one third of the value ?