Please HELP Car Lease Company in Liquidation

[CJCLARE]

Hi, I am new to this forum but hope you can help.

 

Last year (July 09) I took over a lease as a favour to business aquiantence, who had sacked his employee. The lease company - Goldrolls sent the forms, which were changed from a company lease to a private one through e-mail, however no Terms and Cnditions were sent - despite numerous requests. Foolishly, I paid the 12 months lease upfront instead of by mobnthly installments (to the end of June 09) and hey ho the lease company have gone into liquidation and want the car back now.

 

Do I have to surrender it as I havent breached any terms - although I never received any.. In fact I have paid in full and this amounts to over £1600. When I informed the company, they said sorry but the bank owns the asset and wants it back.

 

I really dont know what to do. Please help if you can

 

Jayne

[BankFodder]

I would want to look very carefuilly at the T&Cs but my starting point would certainly be to hang onto the car and to drive it until they forced you to give it back.

However, what about insurance?

 

I've just noticed that no T&Cs were sent.

I think that you should get a set out of interest but you will be able to argue that they don't apply to you.

You only have 3 months or so to delay things until the agreement runs out. If the vehicle is taxed and insured then it shouldn't be difficult to make sure that any court action for the car's retrun is drawn out to then.

 

Start off by using delaying tactics in your correspondence. Delay in replying and then reply with questions which require further answers.

[MrShed]

Hmmm tricky one!

 

I would be inclined to force the banks hand, and state that you are using right of offset, to offset the vehicle against the money owed to you due to the cancellation of the contract. However, I am not sure how legal this actually is.

 

You can certainly give the car back and then join the list of creditors under the administrators - but chances are you will never see a penny.

 

Others may be able to advise better, I assume there is some way to leverage the fact that you are in possession of an asset of the company to ensure that you get your money back.

[CJCLARE]

Hi Thanks for that, I agree in fact they have just rang actually, again I stated that I will not give up the car until the end of the term unless they refund the money I have paid.

The car is insured fully comp by me personally and I have also just had a full service completed and 2 new tyres. Unfortunaltely no T&C's

[MrShed]

What was their response?

[CJCLARE]

These are the collecting agents on behalf of Barclays not receivers -sorry. They have told me that if they dont collect in 2 weeks then the car will go on to the stolen register!!

 

I have had nothing in writing from Barclays nor the collection company, as I said to the guy on the phone, he could be anyone trying to get me to hand over something. I also said I want written notification, together with a document explaing what is happening and against what clauses in the contract, signed officially by Barclays.

 

Obvioulsy I am a creditor to Goldrolls and not Barclays who own the car, so handed it back means I lose out. My worry is if it is regiseted on this stolen list and I am pulled in by the police what then.I could always take the wheels of it and park it somewhere other than my driveway!!

 

Oh what a nightmare.. Thanks again in advance.

[MrShed]

OK so....the leasing company themselves do not actually own the car?

[CJCLARE]

Hi MrSHed

 

It appears (which was news to me also) that it is owned (at least it is now) by Barclays. As I have nothing in writing, I just keep asking the collectors on the phone for more info each time they ring. I have started writing a log of all these conversation just for future reference.

 

Jayne

[MrShed]

You need to discover the exact relationship between the lease company and the bank. If Barclays have always owned the vehicle, you may be on a hiding to nothing. However, if ownership has transferred to them WHILE you have had possession, I suspect the situation will be different.

[Its WAR]

Why do Barclays want the car back? Do you want to keep leasing it beyond July? I bet there is a good deal to be negotiated here. How old is the car?

[Surfer01]

It cannot go on the stolen car registry as the car was never stolen. To steal means to deprive someone of their property without their permission. You had permission to use the car until the end of the lease term.

[patdavies]

Hi MrSHed

 

It appears (which was news to me also) that it is owned (at least it is now) by Barclays. As I have nothing in writing, I just keep asking the collectors on the phone for more info each time they ring. I have started writing a log of all these conversation just for future reference.

 

Jayne

 

Write to the collectors immediately, via recorded delivery, and state that you will no longer deal with matters via the telephone.

 

a) this will add delays to anything, so you can work towards keeping the car until the end of its lease;

b) it will provide you with a verifiable audit trail of their threats and actions. It is very easy for them to say something on the phone and then later deny it.