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Is this legal ? Please Advice.
Trace.W.
Posts: 1 Newbie
Hi All, I m new to this but desperatley need to know where I stand !
I apologise for this being long winded.
We purchased a new car from a main dealership 15months ago. We paid cash for a deposit and the VAT on the car as it is a commercial vehicle.
The first payment was due to go a month later as the norm > but instead of the £388 pm that would be the usual payment we paid £596 as we wanted the direct debit to go on the 26th of each month instead of the 14th. So the second d/d shouldve been on the 26th > but they tried to take it on the 14th(which was refused as we hadnt banked it) We rang them ( Them being GE Capital) & it was all sorted out and payment was taken on the 26th. & so this remainded until Royal Bank Of Scotland bought them out a few months ago. They started hasseling us for £1,100 which they said was the defaulted payment plus interest. We were not prepared to pay this as we disagree that there was a default.(In the mean time we had decided to change the vehicle as we were now putting in over £100 pw of fuel in it & told them that we intending to get rid of it)
Last Monday a couple of guys turned up wanting to take the car, they had no court order, repossesion order or any paper work. We rang the police who said do not hand over keys as if they take it by force its theft. They left but returned the next two days > we told them to take it by force we would not be handing over the keys unless they had a court order. I should add at this point that we had told the police that we owned more than a third of the vehicle as we had paid more than the £9000 that it needed to be > but it turns out that we havent as Royal Bank Of Scotland did NOT take the last payment on the 26th Jan! (Well 28th as it was a weekend) so we have a paid £8970 ( £30 Short & by their choice as they could have taken payment )
They now want £1712:15 ( we ended up transfering funds to cover this so as not to loose all we have paid into the car & to not have a repossesion on our history even though we disagree with it) But our money is not available until tomorrow & these guys turned up tonight & smashed the window and loaded it on a truck. We did get the police but they ended up saying as we hadnt paid a third and the cash was not available( I did have the transaction records on online banking to show it had been transfered)let them take it and sort it out tomorrow when we have the money ! I did take some legal advice last Friday, who looked for this repossesion company at Company House etc.. but could not find them & said basically RBS had sent "heavies" as it is cheaper than applying for a court order etc... ( No doubt because we could show that we dont owe what they say we do )
But how do we deal with this ?
The way we have been treated is appalling, but how do we, with limited resorces ,take on the likes of one of the biggest banks in the country?
Can they just not take a payment to stop you from owning a third?
( We were told by the men that they didnt give a stuff what the Consumer Credit Act says is legal or not !!)
Why can big banks use the likes of this unregistered company, what is the point of Court Orders & Baliffs if anyone can just turn up and repossess something?
& are they tomorrow going to say we have to pay for the truck/storage etc... to get the car back ?
& will they have to pay for the window they smashed ?
(They didnt even knock on the door or let us know they were here) We do have CCTV covering our car parks & I have put it all on to disc so we can proove it was taken by force.
Any advice on how to deal with this will be much appreciated.
Can we have some " Unfair Treatment" Templates please??
I apologise for this being long winded.
We purchased a new car from a main dealership 15months ago. We paid cash for a deposit and the VAT on the car as it is a commercial vehicle.
The first payment was due to go a month later as the norm > but instead of the £388 pm that would be the usual payment we paid £596 as we wanted the direct debit to go on the 26th of each month instead of the 14th. So the second d/d shouldve been on the 26th > but they tried to take it on the 14th(which was refused as we hadnt banked it) We rang them ( Them being GE Capital) & it was all sorted out and payment was taken on the 26th. & so this remainded until Royal Bank Of Scotland bought them out a few months ago. They started hasseling us for £1,100 which they said was the defaulted payment plus interest. We were not prepared to pay this as we disagree that there was a default.(In the mean time we had decided to change the vehicle as we were now putting in over £100 pw of fuel in it & told them that we intending to get rid of it)
Last Monday a couple of guys turned up wanting to take the car, they had no court order, repossesion order or any paper work. We rang the police who said do not hand over keys as if they take it by force its theft. They left but returned the next two days > we told them to take it by force we would not be handing over the keys unless they had a court order. I should add at this point that we had told the police that we owned more than a third of the vehicle as we had paid more than the £9000 that it needed to be > but it turns out that we havent as Royal Bank Of Scotland did NOT take the last payment on the 26th Jan! (Well 28th as it was a weekend) so we have a paid £8970 ( £30 Short & by their choice as they could have taken payment )
They now want £1712:15 ( we ended up transfering funds to cover this so as not to loose all we have paid into the car & to not have a repossesion on our history even though we disagree with it) But our money is not available until tomorrow & these guys turned up tonight & smashed the window and loaded it on a truck. We did get the police but they ended up saying as we hadnt paid a third and the cash was not available( I did have the transaction records on online banking to show it had been transfered)let them take it and sort it out tomorrow when we have the money ! I did take some legal advice last Friday, who looked for this repossesion company at Company House etc.. but could not find them & said basically RBS had sent "heavies" as it is cheaper than applying for a court order etc... ( No doubt because we could show that we dont owe what they say we do )
But how do we deal with this ?
The way we have been treated is appalling, but how do we, with limited resorces ,take on the likes of one of the biggest banks in the country?
Can they just not take a payment to stop you from owning a third?
( We were told by the men that they didnt give a stuff what the Consumer Credit Act says is legal or not !!)
Why can big banks use the likes of this unregistered company, what is the point of Court Orders & Baliffs if anyone can just turn up and repossess something?
& are they tomorrow going to say we have to pay for the truck/storage etc... to get the car back ?
& will they have to pay for the window they smashed ?
(They didnt even knock on the door or let us know they were here) We do have CCTV covering our car parks & I have put it all on to disc so we can proove it was taken by force.
Any advice on how to deal with this will be much appreciated.
Can we have some " Unfair Treatment" Templates please??
0
Comments
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This sounds like it is most definitely a criminal matter. Make as many copies of the CCTV as you possibly can and distribute them just in case. Send one in to RBS and ask if this is their normal method of operation.
What size business are you?0 -
I would send a copy of the CCTV, along with a letter describing the above, plus copies of all the payments, and a copy of the agreement to pay the direct debit on the 26th to the managing director of the Bank! This behaviour is disgusting!
I would also tell them will be writing to watchdog, and trading standards with the same details and CCTV images if you do not receive a satisfactory reply within 5 working days. Don't forget to follow this up if they don't reply.
Send it recorded delivery.Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0
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