Car taken yesterday

[Markiemark1]

Hi Su..yep, exactly as described above...it will be heard in Chambers, and is relaxed. Call the Judge Sir or Madam. Had a chat with a colleague last night, and we both think you shouldn't go all guns blazing as the Judge won't simply order that VW return all the money..Explain about you not getting to court, explain what happened with the repo before you've had a copy of the Order from the court, explain that you handed the keys over because of the threats of police etc etc. Tell him that your original intention was to seek a time order but that events since then have led you to rethink and see what he comes up with. By not being represented you will find most judges will help you, he is unlikely to be impressed with the actions of VW finance and their representatives, and will probably without giving advice set out how best the court will deal with it. As ever any jitters you know where i am.

 

RM

[Bona]

As you are on you own acting in person the Judge will probally lead you and ask you questions just relax and speak when he asks the otherside will probally not tell the truth but try not to let it upset you

 

good luck

[Su76]

I have received a letter from the courts this morning post dated 31/12/08 it says....

 

Before DISTRICT JUDGE ***** Sitting at (name of the courts)

 

Upon hearing the solicitor for the claimant and the defendant not attending

 

IT IS ORDERED THAT

 

1. The defendant shall forthwith deliver up to the claimant the(name of car details)

2. The money claim is adjourned generally with liberty to restore.

3.The defendant shall pay the claimants fixed costs of 335.00:eek:

[Su76]

QUOTE :- it was a forthwith Order, but you have only just received it so had no time to deal with the Order before they took the car, so I still would not worry...money claim adjourned with liberty to restore...thats normal...and fixed costs, yep nothing you can do about those unfortunately. They are still wrong in taking the car prior to obtaining a warrant, and whilst they could argue it's your own fault in not getting to the Court in time you have tried to act promptly and this does not excuse what they have done. Hope that helps..

 

 

Hi Repoman,

 

I am just trying to get my defence statement together, rereading old post!

 

Do you think i could still have a case in getting my money back?? as the ROG was forthwith...and they only acted upon what they judge had ordered:confused:

 

[Markiemark1]

Yes you do...I had a feeling that would worry you tho. Firstly you've not been served with a copy of the Order until the other day. The simple fact is that not any old person can repossess a vehicle, with or without a copy of the Court Order. It HAS to be a County Court bailiff acting under a warrant of delivery. So they have illegally repossessed the vehicle in my opinion.

 

As I said yesterday I don't think the Judge will make an Order that they return the money to you tomorrow. I think that if you were seeking the return of the car and to be allowed to pay by instalments he may have made a time order or varied the previous order to a suspended order (effectively the same thing) and it may be that he will now give directions as to what way to pursue it, or it may be that you will have to file a counterclaim. I would try to get him to set some directions tomorrow (particularly as it might save you a few pounds!).

 

If you want me to have a look at your statement feel free to pop it on/over, but if they want to play taking the terms of the Order literally it says you will deliver up the vehicle, not that they will send two gorillas round to get it. Out of interest where was the car when they repo'd it, and was it already loaded up when they knocked your door.

 

RM

[postggj]

i sue

 

just a word of encouragment

 

court is not that bad

ive been three times

the judge in the whole will take control and will not let the other side bully you as you are defending your self and have no experience

if the judge feels the creditor is getting heavy handed, he/she will shut them up

same goes for you

just be polite, answer the questions from the judge and relax

 

remember to take a sheet of paper with the general points of your complaint with you.

you can remind yourself on the point of reason for you being in court

stops a mind block

 

good luck on this

[Su76]

Out of interest where was the car when they repo'd it, and was it already loaded up when they knocked your door.

 

RM

 

The car was parked on the drive way and the pickup truck was blocking the drive, eventually when we handed the keys over to him.. he just drove the car off the drive and said he would load it onto the pickup on the other street.(yeah right of course he did)

He told me "the car was only going 5miles away but obviously i cant tell you where"

[Markiemark1]

Su

 

That was exactly the answer I wanted....the car has been repossessed from your private property. You only handed the keys over because your were bullied into it, i.e. under duress.

 

They have committed the act of trespass, which entitles you to sue for damages too. It's looking better for you all the time, and much much worse for VW and Close.

 

RM

[Su76]

Oh great news!

 

I am going to do my statement soon and post it on here for you to look at, will be a bit later on tho around 4-5ish if you are going to be back on then?

 

Cheers

su

[Markiemark1]

Hi Su..

 

Yep, I'll be on from about 6 onwards.....the thing about the driveway is it's your property. The could potentially try to argue if the car was on the road that it's public highway and that therefore didn't need a bailiff. However, a bailiff executing a warrant is exempt from laws on trespass. This makes things much better.

[Su76]

Hi Repoman,

 

I pm'd you

[Markiemark1]

hi su

 

And have replied....just so others kno because of the somewhat unusual circumstances of this case i have drafted how best to put tomorrow's submission to the Judge, hopefully so that Su can avoid paying a fee to issue a counterclaim. The law is clearly set out in my previous long message.

 

RM

[Su76]

Hi repoman,

 

We went to court today, nobody turned up for VW finance....

The judge read our statement and said "so they have taken the car off you" to which we replied "yes"...

The judge said that she is ordering VW finance back to court for a further hearing within 28days to which they must attend! the judge also advised us to find a solicitor for the next hearing. And also asked us to send a copy of my statement to VW finance.

 

Would we be responsible for the cost of the next hearing??

[Markiemark1]

Potentially although I'd hope that you will be awarded costs as it's down to their abuse of the court procedure that this is happening. I'll have a chat with the solicitor that I do alot of work for to see what she thinks, and also perhaps put you in touch with someone who I think is in Manchester.

 

RM

[Su76]

Potentially although I'd hope that you will be awarded costs as it's down to their abuse of the court procedure that this is happening. I'll have a chat with the solicitor that I do alot of work for to see what she thinks, and also perhaps put you in touch with someone who I think is in Manchester.

 

RM

 

 

Okay, thank you very much

 

[mrman2007]

not sure if this will workbut here is the court order.. thanks again for all your help

 

http://i547.photobucket.com/albums/hh445/mrman2009/img001.jpg

[Su76]

Iya all again

 

Ive not had my court date through yet:( getting a bit fed up now ... struggling to get the kids to school & myself to work!!

 

I haven't a clue but thought it's worth asking the following......Would i be wrong in thinking that i stand a chance of getting the car from the auction... until the hearing!!

 

I know the judge said she couldn't order them to give the car back to me but could i take it from them as it's mine ?? Or is it?

Edited January 16, 2009 by Su76

[Su76]

Just called the courts up, the next hearing is 12th March 7wks away!!

 

Can't understand why the judge said she was going to put hold on the car for 28 days:confused:

Edited January 17, 2009 by Su76

[Maria4Justice]

My car was taken by a bailiff with a Court Order, but I was not informed this was going to happen. No letters or documentation was ever received by me, and was totally unaware this was going to happen. I was forced to give over my keys, I phoned the company acting for Black Horse Finance and offered to pay the £400 arrears there and then, but they said no its too late and they were very busy and did not have time to talk to me!!! The Bailiff said I could appeal if I wanted. I immediately did that, paying £75.00. A Judge deemed by case to be an extreme emergency and saw me the next day. I explained I was not informed and would pay arrears immediately. The Judge ordered Sechiari Clark & Mitchell, acting on behalf of Black Horse Finance, to return my car to me. I phoned Sechiari who told me they would not and would be lodging an appeal about the Judges decision. I could not believe it !!! It took another four days, without a car, for another Judge to uphold my appeal and again order Sechiari to return my car. Sechiari are again refusing to release my car and have told me they will be appealing again. My car is being held at auction until this is settled. HELP ! How can Sechiari Clark and Mitchell refuse to comply with my Court Order and then have their appeal rejected, once again being ordered to return my car and refuse. How can I get my car, can anyone help me with what I should do next ? My car is being held at auction in Bristol and I live in Bournemouth. The price of my car was £7,000, I paid £3,900 deposit cash, borrowed £3,100, have been paying it for 2 years 4 months and I still owe £3,000 according to Sechiari. I need my car back, for taking my children to school, work, shopping and so on and so on. How can I make them comply with the order and stop appealing against it. Please any help or comments would be very much appreciated, just dont know where to turn !!!

[Bona]

Maria I suggest you pay the arreas and make an application to the court for your costs due to them breaching the court order ie costs of hire trips to bristol ect. send the order to the baliffs in Bristol and ask them to seize your car under the two orders and return it to you

[Maria4Justice]

Thanks so much for your reply, will do just that and report back !!! Its disgraceful what they are trying to do to the little person.

[Bona]

You need to start your own thread

[Su76]

Hi,

 

I have received a statement off the claimants solicitors, Repoman I pm'd you.

I will post the statement on here very soon for everyone to read.

[Su76]

I cant find a solicitor for court date on the 12th March, does anybody know where i can get help???

[Bona]

Where are you