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.
I had paid £9200+ to a car that had £18854 owed to it. I was VT'ing the car due to the loss of my business. I in June 2007 to Renault finance ltd to ask them if they could reduce my payments and I was told that I could VT my car by the girl and this would be my best option due to my financial situation. I asked how could I do this and she told me to phone back the next day because they where changing companies!! to the now RCI. I did so and they said they would come and get our car. After 14 months of repeated phone calls and them sending me letters i went out one day and the car was gone. I was asked to send the log book in and my wife did so.
Over the last few months we started to receive threatening letters from RCI demanding £9733.37 less the £3182.77 which I presume is for my car they sold or something and we now owe £7115.49. they have taken out a court order (Charge for payment of money) If I don't pay this within 14 days I could be made bankrupt, have my wages arrested or stuff taken from my house.
I have NEVER received anything saying that they took my car so does this mean they reposessed my car without a court order??? Also my hire purchase agreement is signed by me and not a company representitive?
Anyway, it seems to me that the car has deemed to be repo'ed by RCI I'm afraid.
You say you had 14 months of phone calls and letters from RCI. What were they about?
Current Claims Northern Bank
Data request issued................... ...........16/4/07
Prelim letter issued................... ................9/5/07
LBA issued ......................... .....................30/5/07
Filed online claim ......................... .........19/6/07.......Settled in full 10/8/07 Capital One
Data request issued................... ............31/5/07
Prelim letter issued................... ............. 18/6/07
LBA issued................... ......................... ....29/6/07
Small Claim filed.................... ...................26/7/07........Settled in full 14/8/07
I have phoned RCI and they have told me that the car was reposessed by a company called IRS. On my agreement it says
If you fail to keep to your side of the agreement but you have paid at least one-third of the total amount payable under this agreement, that is £6284.68. we may not take back the goods against your wishes unless it gets a court order. (In Scotland it may need to get a court order at anytime) If it does take them without your consent or a court order, you have the right to get all the money you have paid under this Agreement
how do I know if they got a court order and they definatly reposessed it without my consent even though I paid £3000+ over a third??
Also how do I stop the Sherifs officers bancrupting me in 13 days. Is there a type of lawyer that deals with this??
Seeing as matters are so advanced, I would advise you to seek professional help asap.
Current Claims Northern Bank
Data request issued................... ...........16/4/07
Prelim letter issued................... ................9/5/07
LBA issued ......................... .....................30/5/07
Filed online claim ......................... .........19/6/07.......Settled in full 10/8/07 Capital One
Data request issued................... ............31/5/07
Prelim letter issued................... ............. 18/6/07
LBA issued................... ......................... ....29/6/07
Small Claim filed.................... ...................26/7/07........Settled in full 14/8/07
Any solicitors company will have someone who will specialise in this type of work.
Or try Citizens Advice?
Current Claims Northern Bank
Data request issued................... ...........16/4/07
Prelim letter issued................... ................9/5/07
LBA issued ......................... .....................30/5/07
Filed online claim ......................... .........19/6/07.......Settled in full 10/8/07 Capital One
Data request issued................... ............31/5/07
Prelim letter issued................... ............. 18/6/07
LBA issued................... ......................... ....29/6/07
Small Claim filed.................... ...................26/7/07........Settled in full 14/8/07