Black Horse Finance E-Class Mercedes for £21k repod unlawfully?

[mr nice]

I bought a E-Class Mercedes for £21,000 last year March 2007 at the local approved Mercedes showroom and the finance has been done by Black Horse.

 

The finance is over last 4 years and up to last month I have paid 15 instalments.

 

I am using the car for my business. Last week one of my workers gaved the car to a friend of his who in turn gaved it to another person. This person did not have any insurance or a valid driving licence. The car was stopped by the police and the vehicle got componded.

 

My worker then without my Knowledge got the documents from the office and took a trader with an insurance policy and tried to get the vehicle released without my consent. The police refused to give them the vehicle and instead instructed Black Horse to collect the vehicle.

 

Black Horse collected the vehicle on Thursday and I only found out about the whole scenerio on Friday.

 

I got in touch with Black Horse and requested them to to gave the vehicle back to me.

 

They unfortunately have refused to give me the car back and are stating that the vehicle is not safe with me anymore. I explained them about the scenerio that I was not responsible.

 

The only way I can get the vehicle back is pay the full £15,200 which is the 12 month early settlement figure to Black Horse or if not then the car is going to be auctioned of. Basically Black Horse are repossessing my car. They given me until Thursday to came back on there proposal.

 

The next payment is due on the 14th July. If I make that payment then I would have made 1/3 of the payments.

 

Have Black Horse got any right to take my car back and reposse it. I am up to date with all my payments.

 

Can someone help me in this urgent matter.

[Conniff]

I do believe that there is a clause in the agreement where you will take care of the car.

Lending to others and then not knowing where it is or who is driving it could be interpreted as not taking care of it.

 

Give them another ring and ask to speak to a manager and plead your case again. Ask them the reason they have taken it back and ask for it in writing.

[mr nice]

Thanks but the person who is handling this is very persistant. The car was taken without my consent and can I still report it stolen then. Is it wise to get a solicitor involved.

[Conniff]

If they are totally intransigent then yes I would get a solicitor involved because of the urgency.

 

You can generally have a free half hour consultation, but not with all so find one that gives that gives that service.

[poppynurse]

Have you reported the theft of your car?

[Parkvale]

Not a legal eagle, but these might be able to help.

The following provide help with motoring problems. Some services are free, others charge a fee, and a third category advises members only (m).

AA – 0906 010 1300

 

ABS – 0800 35 85 855

 

RAC – 0870 5333 533 (m)

 

Consumer Direct – 08454 04 05 06

 

RMIF – 08457 585 350

 

Scottish Motor Trade Association – 0131 225 3643

 

ABS – 0800 35 85 855

 

Good Luck.