Car taken yesterday

[Su76]

Manchester

[Su76]

My court hearing is today!! I haven't got a solicitor, or had any legal advice!

I need all the luck in the world:rolleyes:....I will post back later with the outcome!

[heliosfa]

sorry that no one has gotten back to you, but good luck!!

[humbleman]

My court hearing is today!! I haven't got a solicitor, or had any legal advice!

I need all the luck in the world:rolleyes:....I will post back later with the outcome!

 

AND

[Su76]

Happy Days!! The judge was not impressed with how VW have handled things, and suspended the rog order upon me making a 1st payment starting yesterday before 4pm. the claimants agent who attended the hearing didnt know where the car was or if it had been sold, the judge said "if the car has been sold then they have to sort something out with us"! the judge also said that the bailiffs acted very badly and its a serious offence and if we wanted to we could make a separate claim for the way we were treated by them!!

 

I phoned the DCA yesterday, to try and make that payment but they wouldn't accept it!! they told me i have to wait for a call from their manager (who wasn't due into the office until 4.30pm) to discuss the matter with him and that he would be able to take a payment from me! I phoned the DCA 6times yesterday only to be told their manager was in a meeting and he would call me before 8pm to which he did NOT!!

 

I was obviously getting suspicious about this, i have just found out from a friend who phoned the auctions were my car was taken too that they have already sold the car back in January!!! At the court hearing on the 5th Jan the judge put a 28 day order on the car that it must not be SOLD!

Edited March 15, 2009 by Su76

[heliosfa]

well done! keep up posted, sounds like you did a really good job

[Su76]

Thanks, I will

 

I would also like to thank Repoman for all his help! we wouldn't have done this without him!!

Edited March 15, 2009 by Su76

[Su76]

Its been 4days since the hearing and i still haven't got anywhere! The DCA keep ignoring me saying the manager i need to speak to is either in a meeting/on the phone or has stepped out of the office, they keep telling me he will ring me as soon as he is back!! I did briefly speak to him Monday evening and he admitted they had sold the car, he didnt know the exact date the car was sold and that he will be speaking to VW on Tuesday to get that info and will get straight back to me!

 

I phoned the auction's on Tuesday and found out the car was sold on the 16th Jan, so the DCA are in breech of the judges order from the 5th Jan which stated the car was not to be sold within the next 28 days!

 

I have tried to contact the DCA again tonight and surprise surprise the manager is not in the office yet again....13 phone calls later and i have only spoken with the manager once.

 

I am about to seek further legal advice and will keep you posted!

[Bona]

I suggest you send a letter to them pointing out that they have gone against the Court order and the manager will not speak to you and that you will issue a summons against them

[postggj]

Hi Su

 

I See You Got There In The End On This One

 

Strike Another Notch For Cag

[Su76]

Well not quite!! I have FINALLY received a call from the DCA with a proposal, either have the remaining balance of £2000 (which is just the interest i owed) outstanding wiped clean, i walk away with no debt & no car (which would mean i have paid £8600 for nothing) Or they replace my car with a £5800 car (the same amount for what they sold my car for) and carry on with the payments as normal Hmmm I think i will look very hard and find a solicitor!!

[humbleman]

Well not quite!! I have FINALLY received a call from the DCA with a proposal, either have the remaining balance of £2000 (which is just the interest i owed) outstanding wiped clean, i walk away with no debt & no car (which would mean i have paid £8600 for nothing) Or they replace my car with a £5800 car (the same amount for what they sold my car for) and carry on with the payments as normal Hmmm I think i will look very hard and find a solicitor!!

 

Very clear cut, they need to pay you £8600 at the very least, and call it quits.

[heliosfa]

Well not quite!! I have FINALLY received a call from the DCA with a proposal, either have the remaining balance of £2000 (which is just the interest i owed) outstanding wiped clean, i walk away with no debt & no car (which would mean i have paid £8600 for nothing) Or they replace my car with a £5800 car (the same amount for what they sold my car for) and carry on with the payments as normal Hmmm I think i will look very hard and find a solicitor!!

 

 

My personal view here would be to go for the second option, but demand damages for the 2 and a bit months that they have had the car off you. For bus / taxi fees, extra time spent travelling, phone costs where they refused to return the vehicle, court costs for the hearings, etc. I'm sure that would come to near enough £2000...

 

Obviously wait for someone with more know than me to give other suggestions though

 

Thanks,

H

[havinastella]

There is no second option.

 

The OP is entitled to every penny she has paid, FULL STOP.

 

Jogs

[Markiemark1]

Hi Su

 

Sorry been so quiet - it's gone a bit busy work wise.

 

My initial reaction is that the lender will bend over backwards now to accomodate you. They have blatently gone against a court order, which is I believe contempt of court.

 

Have VW Finance put anything in writing to you? I think this matter needs to be sorted in a court - mainly because you have a good case I think and also because VW have acted completely improperly which will somewhat go against them.

 

Have PM'd you.

 

Hope all is well otherwise.

 

RM

[Su76]

Hi Repoman,

 

I would have thought they would be eating out of my hands....hmmm

 

no, VW haven't put anything in writing to me!

 

Thanks

Su

[Su76]

I have been thinking of how long the whole process of going to court etc and dont fancy it at all, im really desperate for transport now!!

 

I might phone the DCA tomorrow and suggest if the car they are proposing to give me is to the exact same spec mileage/sports/year etc then i will go ahead with it!!

 

Can anybody give any advice??

[Su76]

I tried to ring the DCA manager to accept their offer of them replacing my car (but under my terms of same spec car) and they are ignoring me yet again!! i have been waiting on his call for 2 days now

 

I really dont know were i am going with this:( if i am entitled to every penny back then i would be happy to settle with that!

 

I'm not sure on how demanding i can be with this, i dont want to get too cocky with the DCA

 

Any advice appreciated

[Markiemark1]

Give him till end of business tomorrow, and then I would get cocky, in the nicest possible way. At the very least you are entitled to what you are asking, and I'm sure they would not relish explaining to a Court that despite an order to the contrary they flogged the car! If no joy by 5.30 tomorrow drop a line on here - will give me some weekend reading to do!

[Su76]

I have just called the DCA and again he's not available apparently he's on holiday until Mon and has been for the last 2 days hmmm.... ive been expecting his calls for the last 2days!!

 

I left a message with his colleague saying

"that i have an appointment with my solicitor on Monday, and stated the fact that my solicitor will probably suggest i take it back to court......and that before i speak with my solicitor i would like to suggest that if i was to receive £8600 back, i would be happy with settling out of court.

 

Is this okay

[Su76]

I have been calling the DCA all week now and the manager is never available or never returns my calls!!

 

I'm banging my head against a brick wall with this one i think, i am sooooo desperate for transport now! and have no idea what my next steps are

[Markiemark1]

I have been calling the DCA all week now and the manager is never available or never returns my calls!!

 

I'm banging my head against a brick wall with this one i think, i am sooooo desperate for transport now! and have no idea what my next steps are

 

Hi Su

 

I'd seriously try to get hold of his manager, and tell him that you will now escalate the problem back to the Court and let the Judge decide how best to play it unless it is dealt with today.

 

If you need a hand give me a shout.

 

Mark

[Bona]

I would make an spplication to the court also write to him saying that as from Monday you will be hiring a car at there expense

[lightup]

I have a problem with a car repo a dca link are thretening to go to court i need advice how do i start a new link?

[havinastella]

Su,

 

update your thread with your PM to me.

 

SECTION 90

 

Further restriction of remedies for default

90.—(1) At any time when—

(a) the debtor is in breach of a regulated hire-purchase or a regulated conditional

sale agreement relating to goods, and

(b) the debtor has paid to the creditor one-third or more of the total price of the

goods, and

© the property in the goods remains in the creditor,

the creditor is not entitled to recover possession of the goods from the debtor except

on an order of the court.

(2) Where under a hire-purchase or conditional sale agreement the creditor is required

to carry out any installation and the agreement specifies, as part of the total price, the

amount to be paid in respect of the installation (the " installation charge") the

reference in subsection (l!(b) to one third of the total price shall be construed as a

reference to the aggregate of the installation charge and one third of the remainder of

the total price.

53

(3) In a case where—

(a) subsection (l)(a) is satisfied, but not subsection (l)(b), and

(b) subsection (l)(b) was satisfied on a previous occasion in relation to an

earlier agreement, being a regulated hire-purchase or regulated conditional sale

agreement, between the same parties, and relating to any of the goods

comprised in the later agreement (whether or not other goods were also

included), subsection (1) shall apply to the later agreement with the omission

of paragraph (b).

(4) If the later agreement is a modifying agreement, subsection (3) shall apply

with the substitution, for the second reference to the later agreement, of a reference to

the modifying agreement.

(5) Subsection (1) shall not apply, or shall cease to apply, to an agreement if the debtor

has terminated, or terminates, the agreement.

(6) Where subsection (1) applies to an agreement at the death of the debtor, it

shall continue to apply (in relation to the possessor of the goods) until the grant of

probate or administration, or (in Scotland) confirmation (on which the personal

representative would fall to be treated as the debtor).

(7) Goods falling within this section are in this Act referred to as " protected goods".