CAPITAL BANK/Bank of Scotland - REPOSSED MY CAR

[alisono]

A little help please...

Worst thing I ever did opt out of the Comapny Scheme and purchse my own under a HP agreement.

I changed jobs last year and at the time banked with RBS when things got tight I missed some payments on the HP loan not all in one go Jan, June and 1 in August, becuase I wasn't a religious scanner of Bank Statements, I hadn't realised the bank had rejected the DD's.
RBS never sent me a letter that they had rejected these payments and consequently paid following months.
In August I got a default notice from Bank of Scotland severing me a default notice asking for £2000 I called them immediately and said I had received no letters of missed payments or phones or anything, to which they replied because over a number of occassions I had asked for redemption figures they assumed I was going to repay the debt so, which I had becuase I was going to swop the car.

I asked to time to pay and they told me the only thing they would accept was payment within 3 months so £679 each month till arrears were cleared, becuase I tought I had no option I agreed and first month paid them, 2 nd month I just couldn't afford it on the time stated and paid it through a debit service 2 weeks late, the payment then came back into bank as it was rejected by the bank of Scotland to my new bank HSBC.

2 days later when returning home from work I found a 2 men sat on my drive, as I got out the car they told me that they had come to reposses my car unless I gave them £3000 cash.
They had no paperwork or agreement number so I asked them to wait while I called Bank of Scotland. When I did this the gentlman said they sent me a letter stating they wanted the goods returning....... I was horrified I had not had the letter and actually it never arrived until after Christmas car taken 19th December. Since then I have nothing at all from them until I received a letter dated 20 march from a Comapny Called Imperial Solutions (UK) Ltd agents for Capital Bank formerly NWS Bank Plc saying I owed them £18,099.71 and to pay by 27 March at 10am or they would take Court Action without further warning.
I then although the letter was dated 19th March got a letter from Capital Bank saying they had sold the debt to this company for £18450.00 leaving an outsanding balance of £18099.71.
I called Imperial Solutions and was told I could settle the account in full for £9,000 if I did it in 7 days..... I was completely confused and said no I didn't have that sort of cash but could they please send me a copy of the aggreement and all costs ..... received today
Car taken 19th December addtional costs and interest keeps coing on till 07/03/07 when it states the Bad debt is £13,053.74 I really don't understand this can anyone help.

Frustrated and bewildered.

[sequenci]

this is REALLY important.

How much of the agreement had you paid? I'm guessing due to the timescales it was less than 1/3 of the agreement?

how much was the credit agreement for?

[alisono]

£41,859 with all insurance and maintence £34,567 paid at date taken back

[RFC1872]

Originally Posted by alisono

£41,859 with all insurance and maintence £34,567 paid at date taken back

I think you should S.A.R - (Subject Access Request) them. Get a complete set of statements you will find you have paid a stack of charges if Crapital have been true to form. Also did they actually go to court? My understanding (mind I am no expert) is that in scotland they need to go to court to get the car back, unless of course you voluntary give it back.

[sillygirl1]

If it didn;t go to court and they just came and took it then you can have the company investigated for improper practices - it's something Scotland are better at that the UK - get somebody at the Govern Law Centre on the phone to advise you now, it sounds as if you have very good recourse to get the slate wiped clean and financial compensation for loss of the car to date.... charged at commercial hire rates per day....

[alisono]

Hi, thanks for the reply, although I think this has been dealt with out of the UK branch in Chester not Scotland. They are still chasing me for payment, I'm on my second debt chasers first company based in Scotland I S.A.R - (Subject Access Request) and asked for a copy of the CCA which they took my fee in postal orders but never produced anything when challenged they said they had sent it back to Capital Bank, I have now some 12 months later received an other set of debt collectors KM Investigstions in Warrington offering to half my debt to £8k so I SAR them and then challenged the payments on the SAR and they have said they have sent it back to their Clients as they need clarification.
Originally :-
I let them take my car back as a large man appeared on my door step demanding I handed it over or I pay £3000 to keep it. This was on the 19th December 2006, I called Capital Bank before I gave up the keys and they said they had sent a letter in the post telling me they wanted the car back, this duly arrived 3 days after the car had been repossed.
I was told by Capital Bank if I paid £2600 I before 20th January 2007 I could have it back. I didn't pay anything to them and they sold the car at auction at a loss.

I'm now waiting for Capital Bank's next steps. I have kept all correspondance from Capital Bank I'm sure they will do something very nasty shortly.