Marc Gander - The Consumer Survival Handbook

A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.


Patricia Pearl - Small Claims Procedure - A Practical Guide

An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1

    Default Capital Bank Car Repossession

    I am only looking into this now as after reading some comments on here has made me re-think the position I am in.

    I took out a hire purchaseicon agreement with Royal Bank of Scotland in 2008 which subsequently became a Capital Bank agreement. The hpicon agreement was for £23000 and I made a number of payments, however I defaulted on a couple of payments.

    All the correspondance sent came from Scotland and they were not helpful in the slightest. I corresponded with them numerous times but out of the blue a collection agency turned up at my premises to reposses the car. When they attended they came in force, four of them, handed me a form saying they had gone to court to get a repossession order and then took the car. I phoned the police and they werent interested. This was in mid 2009.

    They took the car to auction and it got sold for just over £8000 however the book price for the car was between £14000 and £18000. It later transpires the owner of the collection agency brought it at auction.

    I have a couple of issues I wanted to get advice on;

    - can they collect goods without a warrant or anything notifying me as it was from scotland
    - does the agreement differ using Scottish law rather than English law
    - can they undersell goods even if they know their true value.
    - I keep getting final demand notices for the remaining £11000 threatening to take me to court and it now shows on my credit file I have defaulted on a payment of £11000 4 times when I was only paying £254 per month previously

    Many Thanks

  2. #2

    Default Re: Capital Bank Car Repossession

    because you contacted someone in a scottish call centre is irrelevant. RBSicon has registered offices in England and any proceedings would come from there.

    if you have paid under a third of the agreement they do not need a court order.

    can you confirm when you took the agreement out and how long this was for and how many payments you have made?

    i have moved this to the debt forum

    ida x

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  3. #3

    Default Re: Capital Bank Car Repossession

    You won't get the book value of a car at a car auction. I have bought cars at auctions twice and they are bought as seen. They just drive them up in a line, the bidding starts and they go to the highest bidder - next! Most buyers are dealers. So, yes, they can legally sell it below the book value, as they have. There is nothing to stop the collection agency from buying it - an auction is open to anyone. The auction firm don't care who they sell it to as long as they get their fee.

    Having a car repossessed is a pain because you lose the car and still have to pay the shortfall. It might be worth checking the agreement to see if it is in order but being 2008 and a mainstream bank it probably is. Sorry.

  4. #4

    Default Re: Capital Bank Car Repossession

    time to ping postggi me thinks.........

    is the car specifically mentoned in the hpicon?


    it makes a thread twice as long to scroll data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    RIP Martin3030


  5. #5

    Default User is banned

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  6. #6

    Default Re: Capital Bank Car Repossession

    had you made more than a third in repayments

  7. #7

    Default User is banned

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  8. #8

    Default Re: Capital Bank Car Repossession

    good point

    may i ask if you can provide a link

    anyone connected with the finance company or collection agency CANNOT bid for your car at auction

    need to book mark that

  9. #9

    Default User is banned

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  10. #10

    Default Re: Capital Bank Car Repossession

    If Anybody Has A Link Ref This Conflict Of Interest

    Please Post It Up

  11. #11

    Default Re: Capital Bank Car Repossession

    I'd be interested to see any link too. As I see it, the agent is paid a fee to collect the car - they have nothing to do with the agreement at all. The reserve price at auction will have been set between the bank and the auctioneers. To prove fraud you would have to prove there had been collusion between the auctioneer, the agent and the bank to keep the price artificially low and I don't think any bank is going to that just so a collection agenticon can get a cheap car. It also reached its reserve price. That also precludes that anybody could have bid higher and outbid the agent which was always a possibility.

  12. #12

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  13. #13

    Default Re: Capital Bank Car Repossession

    Bailiffs are in a different position because they are required to collect the outstanding amount. Collection agents only have to collect the car and take it to wherever the bank want them to take it - end of. I suspect a good percentage of cars at auction are there because people can no longer afford them. As for Glass's guide, that is all it is - a guide - and I suspect in the credit crunch when people were not buying cars they would go for a song.

  14. #14

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  15. #15

    Default Re: Capital Bank Car Repossession

    I totally agree. I only gave my opinion too.

  16. #16

    Default RBS - Direct Legal Collections

    If anyone could offer any advice on my situation as it is really getting to me now.

    I defaulted on an RBSicon car loan in Nov 2008.

    They contacted me for payment etc and then Imperial Solutions threatend to come and collect money.

    I have been on a debt management plan with 4 other companies from July 2008.

    I wrote the RBs and Imperial sending copies of my debt management plan
    and agreements etc and they wrote back saying in this instance they would not persue a
    s they could see I have no further means to pay, however they would review yearly.

    I have now, in this week alone,
    had three very blunt and threatening letters from Direct Legal Collections
    saying I am to pay them the £11k owed within 7 days or they are going to start proceedings to reposses items.

    My DM payments were upto Jan 2010 were £100, £100, £95 and £96 respectively.

    After Jan 2010 I had to renegotiate the payements to £88, £89, £67 and £69 due to the fact I have had to take pay cuts to ensure I keep my job.

    I cannot afford to pay any further payments and my current DM plan still has 3 years left to run.

    I have no possessions and live at home with my parents who are elderly and certainly cannot undergo door stop collections as threatened.

    Can anyone suggest a way that I can deal with this in a suitable manner
    and not only stop the threatening letters but revert them back to the previous correspondace with RBS
    and Imperial whereby I have proved I cannot pay.

    Many Thanks

  17. #17

    Default Re: RBS - Direct Legal Collections

    For your information, they cannot visit you without an appointment. You can have them arrested if they attempt to do this. Even by threatning Doorstep Collection without an appointment they can be arrested.

    You should write back to them and tell them that they are not invited to come to your home address and if they try, you will call the police and have them arrested on site. If they threaten you again with doorstep collection you will contact the Police as well as the debt collectionicon Enforcement Team at the Office of Fair Tradaing, in which case, they may lose their debt recovery licence.

  18. #18

    Default Re: RBS - Direct Legal Collections

    Thanks everso much. I rang them and they said they would attend as they had been 'instructed by the courts' to do so. I then pointed out the information I had found on other threads about harrassment etc. The guy on the other end of the phone got shirty and told me to 'try it and see what happens'. I asked for his name and he hung up. I recorded time and date of conversation just in case.

  19. #19

    Default No information send for SAR of CCA

    I sent Capital Bank/RBSicon a request from the template letters here.

    They acknowledged and said they had until 22 October to reply.

    They did with a letter saying this is all we had, which was hardly anything.

    Luckily I knew the dates of the information I had previously sent and reminded them of this.

    They wrote back saying that they were sorting out the information and would come back to me.

    That was on 4 November 2010. The original request was made on 12 September 2010.

    The last letter had a reference of Hillesden Securities Ltd formerly Bank of Scotland.

    What course of action should I take now?

  20. #20

    Default Re: No information send for SAR of CCA


    Was it a SARicon you sent or a CCA Requesticon ?

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

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