Help! Car was impounded and now the lender has it

Herzlos

Mza123 wrote: »

Im not entirely sure but I think I may be able to prove to them that this was a one off as a lot of the new iDrive systems in BMW have built in trackers.

It's worth a try, though you'll only be able to prove the car usually stays outside your parents house and not that you were there with the keys.
Try to get a report generated ASAP as it might only record a few days worth of history.

AdrianC

Herzlos wrote: »

It's worth a try, though you'll only be able to prove the car usually stays outside your parents house and not that you were there with the keys.
Try to get a report generated ASAP as it might only record a few days worth of history.

I seem to recall reading recently that the "tracker" has proved utterly useless in cases of real-live-actual-genuine theft, either where the house has been broken into to nick the keys or where a keyless repeater's been used.

Manxman_in_exile

AdrianC wrote: »

As I read it, so long as it's in your possession, then you can park it where you are.
If it is not in your possession, then it needs to be parked at your home address.

What does "in your possession" mean.? Does it mean "physical" possession? Couldn't it be argued that if the OP jetted off on holiday leaving the car at Heathrow or wherever, and he had the keys with him, then the car's still in his possession?


I possess money in bank accounts, but I don't physically hold it. (And I'd still be in possession of that money if I was in Australia!)


That finance clause seems daft and wholly impractical to me (and possibly unreasonable). If that were a standard clause nobody with a financed car would be able to leave their car at the airport, railway station, or as others have said, in a car park.


I wonder if whoever told the OP "not to go on holiday(!)" actually understood the clause themselves?

AdrianC

Manxman_in_exile wrote: »

What does "in your possession" mean.? Does it mean "physical" possession?

I'd suggest that if it was parked outside his mate's after the party - and he was kipping on the floor, with the keys in his pocket - it was in his possession.

But having taxi'd home, and left the keys? Definitely no.
If he'd taxi'd home, and kept the keys? Possibly a bit greyer, and maybe distance dependent, but I'd say probably no. Would you be happy to leave it parked there until you next needed it, or would you be collecting it once the hangover had subsided?

Couldn't it be argued that if the OP jetted off on holiday leaving the car at Heathrow or wherever, and he had the keys with him, then the car's still in his possession?

I'd say no.
If the keys were with the parking company, definitely not.

As a rough rule of thumb - I'd suggest if you wanted to get your jacket out of the boot, could you quickly and easily do so?

If that were a standard clause nobody with a financed car would be able to leave their car at the airport, railway station, or as others have said, in a car park.

And if that was something you needed to do, that would not be an appropriate finance product for you.

Mercdriver

Mza123 wrote: »

Usually with the ombudsman you do. But with my past experience dealing with the telecoms ombudsman, you can ask for a final response letter from the company before the 8 weeks are up and take things forward.

You can, but you won't get the best response from the ombudsman unless you have exhausted the complaints procedure first.

Mercdriver

Also reading from what you have posted, you can't go on holiday at all without your car. That is illogical and I would suggest would be an unfair contract. If every HP contract had this clause, I would have real problems as I am constantly travelling and my car is parked in an airport car park almost as much as it is parked at home (yes my insurers are aware and I have proper business insurance appropriate for my work). At the moment, I am in Helsinki and my car is parked at Heathrow, as I have been in Asia for a few weeks. My car is parked away from me frequently.

It would be interesting to see a scan of this contract, because it sounds most unusual to me.

AdrianC

Mercdriver wrote: »

Also reading from what you have posted, you can't go on holiday at all without your car.

Yes, you can - so long as the car is left at your home.

IamNotAllowedToUseMyName

AdrianC wrote: »

As I read it, so long as it's in your possession, then you can park it where you are.
If it is not in your possession, then it needs to be parked at your home address.

But the clause does not use the word "possession", it uses the vague word "use". I would struggle to define what that clause means in the context of normal motor vehicle usage except in considering whether it was essentially SORN'd or not.

If the goods are a motor vehicle, you must keep it at your address shown on the preceding pages when it is not in use

I'm guessing they are trying to say that they want to know where the car is so that they can repossess it - no hiding it at a mate's house etc. - but that is a guess.

Manxman_in_exile

Points taken Adrian - especially the one about valet parking companies. Personally I would never use them because I would want the keys in my possession all the time.


But on the ordinary meaning of the word, I possess my house. Are you arguing that if I went on holiday to Australia (all the keys coming with me) that I'm no longer in possession of my house? Does that mean that while I'm away no-one is in possession of the house? I don't think that can be right.


I can understand what the finance company is trying to do (protect their asset) but I can't tell whether they were deliberately trying to cover the OP's situation, or whether it's simply an unintended consequence of sloppy drafting. If your car is Twoc'd (and you haven't contributed to that) and then it's impounded, it seems a bit Draconian for the finance company to seize it.

Mercdriver

AdrianC wrote: »

Yes, you can - so long as the car is left at your home.

Ok, should have been more clear, though I thought I had put it into context. A lot of people drive to the airport and park their car in an airport car park. The OP apparently cannot do this, which I would suggest is rather unusual even on a leased car let alone one on HP.