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.
World top 5 car manufacturer - illegal repossession?
Hi all,
Within this thread, I have replaced the vehicle manufacture name with {company}. This leaves my friends options open as to how she deals with this company later on (I may come back and replace {company} with the actual company name, but it gives you an idea of how 'finance agreements' are not simply there for the company - it also works for us consumers).
This thread also shows that the current 'UK Trading Standards' department system is effective and extremely helpful when it comes to situations where the law is seen to be broken - I have personal experience of TS, and they really are 'on-the-ball' nowadays:
A close friend bought a car 18 months ago from an huge, well-known, high-end of the car market {company} dealership, through {company} 'finance'. She had made all payments - on time.
{company} repossessed her car last week.
The bailiffs knocked on number 4's door, and was met with a confused resident. The bailiffs logged this as the owners refusal to admit to ownership of the car, and of refusing to reveal the location of the car. (The car was parked at the bottom of the street!).
Problem was - my friend lives at number 24 - not 4. (I've changed door numbers, but you get the idea).
Coincidentally, my friend was actually expecting the {company} dealership to pick the car up for a service - that day, therefore when she noticed that the car wasn't there - she thought it strange that they hadn't knocked. She then realised that they should not be able to take her car - without HER car key.
The dealership said that they had cancelled her service because the finance company had advised them that the car was going to be repossessed due to 2 missing payments.
(Q)Where is the so-called 'Excellent' {company} customer service that is spouted about by {company} on their web-site? Why did they not inform me that her service had been cancelled?
(A)(Manager): "I don't produce the web-site".
(That sounds like a {company} manager that does not believe in his employers corporate 'mission statement').
She called the {company} finance company who told her that she had missed two payments.
(Q)Had they contacted her about these missing payments, because she had ALL payment statements in her hand?
(A)They had tried, but had no response.
(Q)Where is my car and how do I get it back?
(A)If you have a complaint, you must contact us in writing within 10 days.
(Q)You have taken my car illegally, and that car is crucial for my work, it also has personal belongings in it - one day would greatly inconvenience me, let alone 10 - where is my car?
(A) {Repossession company details - 150 miles away}.
She contacted the repo. company and this goes on and on and on.
Anyway - the crux:
Trading Standards were contacted, result:
Trading Standards will take the case up free of charge, because the act was illegal.
The finance company has broken the finance agreement, and therefore, if my friend wishes: they must pay my friend ALL monies paid over the last 18 months (£6000 + value of trade-in + interest). The car goes back (free car rental for 18 months lol).
The very fact that the finance company has not taken reasonable steps to confirm to itself that she was informed of the situation - means that they have broken the financial agreement.
The fact that she broke no rules within the agreement, and {company} tried to invoke a rule stipulating that she had broken a rule within the agreement - means that they have broken the financial agreement.
In any case, she had more than 33% ownership of the car - the finance company had no legal right to take the car without a court-order (which they would not inevitably have been granted - due to the fact that their facts would be proven to be incorrect). This is theft.
If there are any missing personal items - she will sue the finance company for them (Tom-Tom, audio cd's etc). The onus will be on the finance company to disprove such items were in the car. Any resultant costs - the company will pay for.
In addition, and totally seperately - she can sue the finance company for loss of earnings, hire-car / taxi / telephone costs etc.
Finally, she has the option to splash {company}'s name all over the media. (That is the reason you are seeing {company} rather than the actual company name - because I think that this is worth a brand-new top-of-the-range {company} vehicle - along with a guaranteed change to {company}'s procedures) - to protect other consumers from this kind of 'high-handed' attitude from companies where they seem to believe that 'matters of debt' are automatically greeted with sympathy toward the company from courts.
Also, {Company} might just decide to either rescind it's ridiculous web-site promises, or, preferentially - keep to 'em in future.
If you're interested, flag this thread. I'll be keeping this thread up-to-date with exactly how things go and will, with my friends permission reveal the name behind {company} if and when appropriate.
Incidentally, they are within the top 5 in the world.
World top 5 car manufacturer - illegal repossession?
knocked on number 4's door, and was met with a confused resident. The bailiffs
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