Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hello,just a quick question. In march 2004 I purchased a new car for just over 20k, black horse sorted out all the finance and there was a balloon payment to them at the end. all was fine until about a year ago when i got into financial difficulty and couldnt keep up with the payments. They took me to court and won.the court order stated that i must pay x amount each month. Long story but i couldnt afford the payments again. I was expecting them to take me to court again but heard nothing. one evening in early december there was a knock on my door, when i answered there was a guy claiming to be there on behalf of black horse saying he was reposessing my car. He was quite threatening and had blocked my car in using a 4x4 incase i drove off. he told me i could do it the easy way or the hard way. the easy way to give him the keys or the hard way he would call for a tow truck and take it against my will. He took the keys and asked me to sign to say he had taken it (i refused to sign!). Can anyone tell me if what he did was legal? should i write to black horse and cca them? should they have taken me to court again before taking the car away?
its now been over 1 month since my car went and i have heard nothing from them, should i have had some sort of legal document saying it had been reposessed? really concerned about this so if anyone can help that would be great
How much would you say you had paid off? 1/3, 1/2 or more?
I only ask, because I am sure that if you have paid off more than 1/3 of the agreement (excluding any insurances), then they need a court order to repossess the car. Anything under a 1/3 then they just need your permission.
In that case, they CANNOT take your car without a court order. Did you even receive a pre-possession order? This should have allowed you 15 days to make arrangements to avoid the repossession.
Give me a few minutes to find the legal info on this.
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
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Hi there, I suspect that at the court hearing you had, possession was suspended subject to your keeping up the payments the judge agreed with you. As you failed to maintain these payments the lender is entitled to repossess the car. However - you should have been advised by the court that possession was about to take place and - only a county courtbailiff showing a warrant for possession can take the vehicle.
You need to telephone the court where your hearing took place and ask if Black Horse had requested a warrant for possession - if they did not you should advise the court that someone took your vehicle without a warrant.
You will then need to make an application to the court for a hearing.
Ell-enn
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Wow! thankyou so much for the fast replies i cannot tell youhow much it means to get such useful advice. from memory yes it was an order from the court that said something like the order is suspended unless i pay x per month. at no point did i get a letter from the court saying the car will be reposessed in x days. the guy who took my car was from an outfit called kenyon investigation services and was not a court bailiff. assuming they have unlawfuly taken my vehicle where do i stand legally? the guy said the car would go to auction the day after he took it. I still have the V5 and refused to give him it. prior to him coming to my house he also went to a neighbours to confirm my address, they confirmed where i lived after he told them i would be arrested for fraud if they didnt find me that day. nasty bloke he was...
I think you need to get a copy of that court order or ask the court as Ell-enn suggested, just to see if there is anything about repossession rights....if there isn't then we can take it from there.
Does it state anything about Blackhorse being able to repossess if you fail to maintain payments?
Also, as Ell-enn stated:
However - you should have been advised by the court that possession was about to take place which you say you weren't- and only a county courtbailiff showing a warrant for possession can take the vehicle. Were you shown the warrant? Was he from the county court?
You need to telephone the court where your hearing took place as soon as possible and ask if Black Horse had requested a warrant for possession - if they did not you should advise the court that someone took your vehicle without a warrant.
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
if you use this photobucket. Register and follow the instructions to upload your document. I've not used it before, but it is highly recommended by all on CAG.
Blank out all identifying information!
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
the guy who took the car wrote it on and gave it me
.
i think if you right click the picture and save it you can then open in paint and blow it up. not sure how tomake it bigger any other way
OK, I've read it all now. That's just a copy of the judgement you received from the court after the hearing. Black Horse would have got a copy at the same time - all they've done is fax it to the guy who took the car - that is not a warrant for possession!
They need to apply for a warrant for possession from the court before the vehicle can be taken and it should be a court bailiff who repossesses.
As I said, wait for Repoman to read this thread and he will be able to advise you what to do next.
Ell-enn
Help us to keep on helping
Please consider making a donation, however small, if you have benefited from advice on the forums
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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.
Thank you so much Ell-Enn, from reading through other threads I can see that if the cars have been taken illegally then i can claim all payments made back? is this right? if so i could be in for a 15k windfall! will repo contact me? or do i need tocontact him? Thanks again
Black Horse - Car reposessed
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