Car Repossession

[LJL]

Hi Guys,

 

My girlfriends car was repossessed last week by Debt Collectors, not Bailiffs - is this legal? She defaulted on her finance agreement.

 

Thanks

[spamheed]

You need to provide a little more information

 

How long was the agreement?

How many payments had she made?

how many were still to pay?

 

what communications have taken place?

[LJL]

Hi There and thanks for the quick reply,

 

She had only made 4 payments and defaulted on a further 6, it was a 3 year PCP agreement.

 

Unfortuantly I have checked and all the paperwork and correspondance seems in order. She was daft and over ambitious taking the finance out in the first place - she has learned a hard lesson.

 

I was just curious as when the Debt Collectors arrived, I asked them if they were certified bailiffs and they replied that no, they were licensed debt collectors.

 

I was under the impression that it was only Bailiffs who could do this?

[spamheed]

The finance company can appoint their own collections agents but they may only request that you surrender the vehicle, if you do, then all's well, if you refuse to allow them access to the vehicle, or in any way hinder the repossession, they must leave empty handed, that's when the courts and bailiffs would become involved.

 

Given that she had barely entered the agreement before defaulting I would say they were well within their rights to repossess the vehicle. Did she hand over the keys and such, or did they damage the vehicle in any way whilst seizing it?

 

Did you receive any notice that they would be attending either to seize or examine the vehicle

 

Also you need to keep track of the subsequent sale of the vehicle, including attending the auction if possible, to ensure the vehicle is disposed of at a fair and lawful price (it's not unknown for vehicles to be "sold" to a friend of the collector at a knock down price)

[LJL]

Yes I agree they were well within their rights to collect the vehicle.

 

They actually had a spare set of keys and I saw them enter the car, I guessed what they were doing hence the question.

 

I am not sure whether she recieved notice of the collection, I'll check, probaly yes. The old head in sand syndrome.

 

I was just miffed as I thought only Bailiffs could do this?

 

I guess these DCA's are very busy presently given the economic climate.

[spamheed]

I think there would only be an issue if they caused damage in some way, didn't follow the prescribed procedures, or acted illegally in some way.

 

DCAs tend to act as if they have everything on their side, this is not normally the case with older debts, but I agree, with the newer agreements in place and being defaulted they are probably like pigs in s**t at the moment and I believe it's only going to get worse (for us) and better (for them) the way things are looking.