Debt Collector sitting outside my home

VEE_2

Hi Jen

Yes i totally agree those seem to be the two options open to me.
I spent all of yesterday on the phone to one place or another and no one seems interested. Of them all i am most annoyed/upset by the response of trading standards who seem to feel that since i would have to argue my case they couldn't help me! The lady at trading standards said her manager felt it may be laughed out of court because i had missed two payments, i really don't understand that at all but it seems like no one wants to know or help in anyway. I can clearly see the section in the legislation but that doesn't seem to matter. With regards my property in the car trading standards said if i couldn't prove it then they debt collectors would just deny it! It seems like people can do whatever they want to whoever they want and just get away with it, i am so frustrated.
Maybe that's why the debt collectors and banks do just break the law as they know someone like me can't do much about it.
I emailed Capital Bank with a complaint after getting the details of the lady to complain to from a manager... and she has ignored my email.
The Office of Fair Trading can only work for the collective good and cant investigate or deal in individual cases, that's up to trading standard who don't want to know.

I was thinking exactly the same as you regards both of the routes open to me, the one good thing about jobseekers is that i should get legal aid. So i am going to get a solictor and pursue the matter in one of the ways. I may end up with nothing, i may even be laughed at [although i don't see why? but trading standards think so?] but it's just wrong that these people can do what they please and flout the regulations. Will keep you updated.

Thanks again.

P.S I stil haven't had a letter from capital bank saying they were going to repossess or that they had instructed Armstrong . Nor have Armstrong recovery sent a single thing!

Xbigman

I must admit I have only followed this thread on and off but I can't resist posting something now.

I take it that the car is now gone? And you believe it was removed illegally?

Did you ever get the car valued? If so you can challenge the amount of any debt if they have illegally removed the vehicle and auctioned it for under its true value.
Did you make a written offer to pay in writing and you can prove it with copies of the letters and recorded delivery details *OR* did you phone them and you can produce a phone bill with the number called, times and dates on?
At some point they will come after you for any shortfall and this will be important when you get to court. Take a budget to court showing that you can't pay very much, produce all the paperwork you have showing they were unreasonable then ask the court to freeze all interest and charges, challenge ANY charges they have added on the grounds they siezed the car illegally and finally make a very low offer to repay the debt. The court should be on your side by this point. I would not make any claims in court regarding damage to the vehicle because you don't know it was them and the court may see that in a negative light.
Regards



X

VEE_2

Hi X

Thanks very much for that.
Stupidly i sent my offers for repayment by normal post not recorded [boy will i learn!] However i have emails which they have ignored and numerous phonecalls to them to try and come to some kind of arrangment which as you can say can be documented by the phonebill.
I also went to the citizens advice about the matter prior to the debt collector showing and after called every helpline possible including consumer direct etc and called the debt collectors. My dad offered to pay the full amount to the men who took the car and i offered to pay the arrears [plus most of the huge charges although i was short in extra charges they added on by about £100 ]

I called round garages when i got into financial difficulty and callled Capital Bank to advise of the amount offered and to check if i was allowed to sell, which after the third phoecall they realised i wasnt unless i could make up the shortfall at point of sale. So i know what it's worth roughly yes.

I will take all of your advice on board and think you are probably right about the damage. I have a solictors appointment early next week too.
Thanks for your comments and advice, that's good of you.


Cheers

Vee

BenefitMaster

Dumbledore55 wrote:

I presume that will be to stop you moving it before he comes back tomorrow with a tow truck - that's a low trick!

Not only that' it's aggravated trespass and criminal damage.

VEE_2

I think they have defo acted illegally but what i have learned over the last couple of days is what i think doesn't matter, even what i know doesn't matter and in this case even what i can prove doesn't seem to matter!
The only thing that seems to matter is what they can get away with.. and sadly they have. They have done what they felt like and left it to me to try and fight knowing full well someone like me is going to find it really difficult to get anywhere.
The police wont help, trading standards wont help, capital bank ignore me and really it's down to me now to try and get somewhere in holding them accountable for their actions.. i've certainly been held accountable for mine [my two missed payments due to unemployment have and will cost me dear]
Makes me wonder how many more people have suffered the same fate.

cresswell80

have we any update on what happened here??

phileast67

Just had a recent experience myself of Armstrong / Capital Bank - basically Capital Bank started sending letters out on Daihatsu Finance headed paper and in Daihatsu Finance labelled envelopes - I thought they were circulars and ignored them - then on 2nd August I got a very nasty phone call from DF/CB telling me i was 3 months in arrears and demanding I pay all of the money back - they wouldnt discuss who DF were - except she let slip that it was possibly a clerical error. I asked for a statement of Account (oddly I still haven't received this) - I wrote to CB on the 3rd August - requesting answers as to who DF were and when my account had been transferred to them and requesting options to repay. I heard nothing until 16th August when a chap turned up at my house - in t-shirt, shorts and sandals !! demanding I pay in excess of £1300 - I calmly asked him to supply a statement of account so I could see what charges were being applied - but received nothing from him. The following day I rang CB to be met with a very nasty attitude directing me to Armstong Security - I phoned them and was given the runaround by the chap i had seen the previous evening - we agreed a payment plan and I put this into action (payment via bank transfer) but after speaking with the CAB they advised me to stop the payment until this company provided me with documentation stating that CB had either sold the debt or that Armstron were acting on behalf of them and providing me with both an office address and the full identity of the agent handling my case. Only when I had confirmation of the Agents involvement did I re-instate the payment - I still had not received a statement of account so only paid back the arrears. I am now discussing with CB and their agent about the clerical error as I dont expect that I should pay all the charges added...