Help needed please re repo of car.

in_a_mess_5

Hi all
went BR last thursday(24/5/07) and spoke with OR on the phone and arranged an appointment for tommorrow(friday 1/6/07).I asked re my car which is on finance about it being repo'ed and she stated it would be the case which is fine, she further stated that I should contact them and arrange it and any probs get them to contact the OR direct.
I contacted the finance company and they stated that they would collect but could take a few weeks and they stated that until collection I was responsible and therefore any damage etc I was liable.
Recieved a letter today and it states the following which they want me to sign and return.

" I hereby voluntarily surrender the above goods for sale by yourselves,such sale to be undertaken in accordance with your usual practices.I confirm that I have been made fully aware of every alternative to remedy this breach and understand that I will be responsible for any loss sustained following the sale of these goods,calculated in accordance with the terms conditions of the agreement."

Basically I spoke to them on the phone and they stated that even though I was BR they were going to sell the car at auction and then come at me for their loss.surely my debt with them ended the day I went BR as the agreement was before the BR.

Any info on would help thanks in advance.

Bakeybadoo

I've had similar. Although we asked to voluntary surrender before BR but they never answered.

If it was included in your BR, you will not be liable for any outstanding amount. Our OR worked out what it would roughly be worth at auction, then took that off what we owed and included that amount left, in the proceedings.

I don't think these companies have a clue 90% of the time generally, just like to talk rubbish to act big and clever. I certainly don't think they understand BR and what it means.

Oh and our OR didn't ask us to contact them. As a creditor, they'll be sent a report detailing the BR and that they were listed as a creditor and they should have either contacted you or the OR direct.

Don't sign anything. Just write back (so you have proof) saying you've gone BR, the car was included in that and they have to collect asap.

On a last note, it isn't Welcome is it?

wherediditallgo

I think you should be sending a copy of that letter to the OR before signing or responding to it in any way. In fact, if you have access to a fax machine, I'd say ring the OR & ask for their fax number then fax it to them. I definitely wouldn't be signing it - they could take weeks or months to collect it, & meanwhile they're expecting you to be responsible for any damage that might happen to it. Also, what alternatives "to remedy this breach" are they talking about - they need to spell that out to you in writing. If the OR contacts them, I suspect they'll collect it within days rather than weeks, as they may be given a deadline by which to collect it.

in_a_mess_5

Thanks guys,I shall take the letter with me to my interview tommorrow.