URGENT question about car repossession

JasonLVC

The taking of the vehicle is not illegal as it is not theft, as they own the vehicle and always have. My car is lease hire, the car company own it at all times.

They may have trespassed on your land, if so, just like the gypsies and councils, it is a civil matter that can be persued through the courts afterwards if you wish to persue it. I still think the land behind the shops is not yours but the landlords (unless you own the flat and your deeds specify you own the land outside - which is doubtful and highly unlikely). A bailiff is not in a position to obtain permission from an unconnected third party (landlord) to gain access to their lawful property. Vehicle is in 'plain site'.

Police cannot get involved in civil matters, only interested in criminal matters and they only attend respossessions to avoid any public order (ie, fights) offences.

It is unsuual for a loan company to not follow correct procedures as my earlier posts notes they'd be in forfeit of their agreement with you for which you could sue for civil penalties. Are you sure a neighbour/partner didn't destroy/misplace said letter as is common when the debts and red letters pile up all around and it all gets stressful?. (not blaming you here just that these things can get missed sometimes)

Just want to try and calm you down, no point kicking off on the assumption they haven't done things right - this is the least of your worries in the scheme of things. Once notice is served, if you haven't got it that's your problem, they don't give warning of arrival or else you'd hide the vehicle, so whilst sneaky, that's how they have to operate.

fermi

I will just say that I know a lot of Police officers, and most are just as frustrated as you are that they cannot act in cases such as this.

However as in all professions, you will get the occasional person who is a pompous ***!

It is the rules that govern them, that in 99% of cases are the problem.

Bakeybadoo

JasonLVC wrote: »

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

Yes I did. No we haven't, we still have rights.

JasonLVC wrote: »

The taking of the vehicle is not illegal as it is not theft, as they own the vehicle and always have. My car is lease hire, the car company own it at all times.

I know but they still have to follow the necessary legal steps which is to give us 14 days written notice.

The man said it had been served on us and cited a date. We showed him the only letter we'd received was a invoice for the amount owed. Nothing about repossession.

A month after that (before OH went BR) we wrote to them to ask them to terminate and come and collect the car, giving us written notice. We heard nothing. Why would we write to them 4 weeks after they supposedly gave us a repossession order, to terminate and come and collect? Exactly, we wouldn't. They never sent us the order.

Also, if they really did send an order, giving us 14 days as they legally have to, why did they not actually act on it until 14 weeks later? Exactly, they wouldn't. It was never sent.

They may have trespassed on your land, if so, just like the gypsies and councils, it is a civil matter that can be persued through the courts afterwards if you wish to persue it.

That's what the police said but the point remains, to come on to your property, taking an item, is still trespass and last I looked, trespass was illegal. If someone commits an illegal act, they should be liable for prosecution and the police should take action.

The policeman didn't say 'you can't have him arrested', he said 'I won't arrest him'. There is a difference. Surely if we had no grounds to challenge it, the police would have said the first one?

I still think the land behind the shops is not yours but the landlords

Well obviously but it's not PUBLIC land. We obviously have rights to use it, we pay maintainence and a ground charge for that right. The tow truck guy does not.

A bailiff is not in a position to obtain permission from an unconnected third party (landlord) to gain access to their lawful property. Vehicle is in 'plain site'.

He wasn't a baliff, he was a tow truck guy. No court order, no paperwork, no proof. Nothing.

Police cannot get involved in civil matters, only interested in criminal matters and they only attend respossessions to avoid any public order (ie, fights) offences.

Again, trespass IS a criminal matter. If I went on to someone's property without their say so, would I not be arrested? I think I would.

It is unsuual for a loan company to not follow correct procedures as my earlier posts notes they'd be in forfeit of their agreement with you for which you could sue for civil penalties.

Oh it's not uncommon for Welcome to do just that. They are a law unto themselves. We have been in dispute with them since September last year.

Are you sure a neighbour/partner didn't destroy/misplace said letter as is common when the debts and red letters pile up all around and it all gets stressful?. (not blaming you here just that these things can get missed sometimes)

No, I'm sure it was never sent. As I already said, tow truck guy said it was sent and I showed him the letter we got on that date. No mention of repossession then. We've had no contact from Welcome since 18th March 2007.

Just want to try and calm you down, no point kicking off on the assumption they haven't done things right - this is the least of your worries in the scheme of things.

I agree. I'm more mad at the police, I think it's beyond a joke that they can come and tell me it's a civil matter but they are giving tow truck guy THEIR PERMISSION to remove the car. What's with that? They don't have that right?

It didn't matter a jot to him that although we hadn't kept to the agreement, they hadn't followed their legal responsibilities with regards to repossession. That's the total farce. The were acting illegally but the law wouldn't do a thing about it. But give him permission to carry on with it.

Once notice is served, if you haven't got it that's your problem, they don't give warning of arrival or else you'd hide the vehicle, so whilst sneaky, that's how they have to operate.

I didn't want notice of arrival, by LAW they have to give you 14 days in writing. We never had that. The tow truck guy couldn't even provide proof and the police didn't seem to give a hoot they had no proof or about getting it either.

The date tow truck guy said they wrote to us, I had the letter and it's contents but that wasn't enough. It seems they can make the rules up, flout the law and then the police let them do it.

Talk about an utter disgrace.