Debt Collector sitting outside my home

VEE_2

Hi,

Thanks, yes they told me that, it's certainly something to consider seriously.
I am hoping i'm doing the right thing but maybe i'm not i honestly dont know.
The law does seem to state they cant take my vehicle without a court order if its on premises which means driveways and private grounds etc...but since that's so subjective a term it's maybe 50/50 whether i could claim them for the monies paid. But i'm willing to risk it i think, all the advice bodies seem to think as it's a private residents car park i have a good case.. i myself dont know.

crystal_clear

If it were me I would be inclined at this stage to get a camera or even better a video camera to hand and keep a video or picture file to prove your case of there mis management in this situation should you wish to fight this one out at some stage in the future ........ I really do wish you well ........ p.s the police can tell you if they are legally allowed to take from a private car parking area better than any advice centre i would have thought and they will if the other party in the wrong come out and advice them of the correct procedure ....... again worth one more phone call i would have thought

VEE_2

Hi Crystal

Thanks for that i've just this minute hung up from CCCS who said exact same!
They said to take photos of the car and tyre and the signs saying private residents car park. They also reiterate that as its a private car park they cannot in fact take the car without a court order.
They say i should keep a note of my calls. My offers to pay. The fact that i keep being told lies about my rights. They also suggest i call the office of fair trading in the morning, as apparently if they smash the car windows or deliberately tell neighbours etc as threatned that would be criminal damage as the car is on private property and would also be illegal as they must be discreet.
They couldnt believe that Capital bank and their legal department were themselves giving me that info and potentially misleading me deliberately.
Will try the police again tomorrow maybe they will be more helpful with this enquiry.. fingers crossed.
You see they keep adding on charges etc. I have offered to pay the missed payments by borrowing money but they are adding more and more and more and i really want to try and keep the car if poss as when i get a job i will probably need it.
If i got the chance to go to court they might give me a time order and a chance to pay the arrears.
Thanks again for your advice.

VEE_2

OMG my dad has just come round with a digital camera to take those photos and two men came up to him and asked why he was taking photos of the car. They threatned him and he has called the police. We are waiting on them attending currently!
I called capital bank who wouldnt put me through!!

tru

:eek:

Who were the 2 men, did they have ID or anything?

eek

You need to use a none digital camera if you want the pictures to stand up in court. For some reason Courts seem to like negatives far more than a printed picture nowadays (negatives are hard to fake, pictures can easily be faked given enough skill or time).

VEE_2

They were from the debt collectors they have been sitting in the car park and threatened him .. i just can't believe this, he's nearly 60 and disabled!!
I just dont know what to do...... this cant be right surely!!
Capital Bank say i have to call the debt collectors about it and wont help.
All the neighbours are watching and they are meant to be discreet....
If they are entitled to the car why aren't they taking it???

MissSunshine

Hardly as it's currently still your car, so you, your dad or whoever else wants to take a picture are perfectly entitled to do so

What did the police say? Did you get the ID's of these 2 men?

VEE_2

OMG the car is gone!! No letter no id no nothing. He has gone to the police station. I was on the phone to the national debtline. The men have obviously come back and taken it!!!!!!!!! I just can't believe this.
All our stuff is in it and everything,clothes, money, cd's!! .
I havent even received a letter from Capital Bank saying it was passed to collectors or anything. They have come into a private car park and my car is gone.
I only got the letter from Capital Bank at the weekend!!!

mountainofdebt

Report it as stolen....well you don't know if it has been taken by the debt collectors do you????