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.
in 2001 i bought a new car on hp (business)
in 2002 i bought another new car on hp (personal)
in nov 2002 the second car was fully refunded due to mfr engine troubles
the garage offered a replacement to be delivered 3 months later
to receive refund cheque when the dealer came to collect car from my house, they forced me to sign a 'this is an end to our dealings' letter con - which included a number of clauses stating: that i will not contact the dealer again, that all matters are resolved, that a replacement car would be supplied by another garage,
i tried to avoid signing, then signed the letter upside down, saying i'm signing this under economical duress, as i need the money
however as the garage had damaged the stereo in the 2nd car and the other garage never supplied the replacement car (sold to someone else on a waiting list), the stereo was left in pieces
in 2003 was a victim of fraud on my bank accounts
in 2004 my bank stopped paying ddebits to car finance for first car while i was abroad
car company issued default and said a baillif was hired to collect vehicle, which only had 3 months out of a 36 month agreement left
i dropped car off at dealership
they auctioned it off and i lost (it seems forever) a £1000 dvla number plate.
in 2006 took garage to court (money claim online) as they had not fixed my stereo among other issues
had a bit of personal trouble and was unable to send claim documents to court/garage's solicitors
attended court - just me, judge and car dealers barrister. said that i had been conned by dealership and they had not kept to the agreement, which included statements saying that i should not contact the dealership, i then produced a range of communications from the garage who had contacted me - invites for test drives, product info, emails, servicing letters etc. I asked the judge if the non-contact agreement was reciprocal, he said yes.
i was then asked to send in all docs i had
i failed to do so, and judge struck out claim.
Can i re-instigate proceedings?
The claim was specifically for the damage to the car stereo.
I'd like to claim for more now, including damages for misleading/tricking me into signing dodgy agreement which garage did not stick to
can you re-start something that's been struck off?
as far as litigation goes, i am considering:
dealer: damage to stereo, failure to supply 2 vehicles (had a 3rd car on order), damages, loss of earnings, false agreement, any affect on statutory rights?
bank: fraud prevented me being able to pay for car which eventually was repossessed. Bank wholly negligent and therefore responsible for fraud. They have paid back stolen monies and some
bank charges. As fraud bank's fault are they wholly liable? even though garage is to blame too.
Court date set for July.
car finance company: demanded car back when only 3 months left on agreement - have heard that if 2/3rds of car is paid they cannot repossess - is this true for business hp?
perhaps it should be known, the dealer was Heathrow BMW, owned by H R Owen.
H R Owen Chairman, BMW (GB), BMW (DE) Chairmans office, BMW Finance UK all refused to help / intervene / resolve issues.
Both vehicles will be on unregulated agreements then. Am afraid this means that you have no rights to halves and thirds rule. 25k is the ceiling at which a regulated agreement can be made.
Sir T, the bank side of it is not a speciality of mine so I would decline to comment on whether they could be held accountable. If you need it I can send you the contact details inc mobile of someone high up at BMW Finance.
thanks calvi36 that would be great, can you post/pm the details? i remember talking to the head of the finance department at the time - head repossesor etc she was unaware that i only had three months left on the agreement when i told her, she said that if she had known, she would not have authorised the default and repossession - and that bmw do not repossess so late into an agreement but as said as she had already got the ball rolling, there was nothing she could do to reverse the situation that's some service i received... and my blood boiled... and still is
new car problems, fraud and repossession
- is this true for business hp?
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