Question re-repossesed car

[Out4Revenge]

Hi all, just a not so quick question:p,,,,,

I bought a MG zr in 2002, I had an accident, not in the car, so had to close my business about 3 years later, so couldn't keep up the repayments, after several months we were told that they wanted the car back (fair enough).

We asked about catching up as we were now in a position to pay, they said no, all or nothing!

They arranged a visit from a very nice man and a tow truck, again asked about alternate payments but he said the same, I pointed out that we had paid of almost 2/3 off the car and he said that it didn't make any difference to anything, and off went my lovely car:(

 

Ok my question is, I read yesterday that if you've paid of more that half then they need a court order to repossess, and then only a court bailiff can take it, if they don't follow this process then i can claim all the money I paid for the car.

I was and still am very upset about this as I feel I was decieved into thinking that I had no rights/chose in the matter.

 

Can anyone tell me more please, my computer crashed as i was reading the thread were this was posted and have been unable to find it again, or anything else on the subject. I remember it had something to do the CCA, coming into play once you'd paid X amount of it and I'm trying to read the CCA but it's in legalise which I struggle with:confused:

 

thanx in advance

Jimi

[the_freedom_trail]

Hello,

 

Are you able to tell us the specific type of finance agreement?

 

For example, was it a Fixed Sum Loan Agreement or Hire Purchase Agreement?

 

Regards,

 

TFT

[Out4Revenge]

OK i'll have a look through my paperwork and let you know, thanx for your reply

[Out4Revenge]

Hi

I thought I still had the credit agreement but Ican't find it so I think I'll S.A.R them, rather than a CCA request, i'm in no rush, so a SAR will get me more info, I could do we some help with this, as I want to be specific what I ask for the ensure they are in no doubt what is required.

Ay ideas??

 

thanx Jimi

[BigBTerry]

If the agreement was covered by the consumer credit act, which covers all agreements up to £25000 or non limited company agreements (i.e. personal individuals), then if you have paid over 1/2 of the agreement, the vehicle cannot be taken unless you voluntarily agree to the repossession (whereby you would need to sign a voluntary surrender document) or the finance company applies for a delivery up order. There are no other possible means for the vehicle to be taken without your consent, without the finance company breaking the law! As I have previously mentioned in earlier postings, anything goes now days with finance companies, and because of the dealings between finance house collections managers & repo agents, if there is a few quid to be made, then the repo agent will chance his arm. I recently ranted and raved about the collections manager at Kingston Asset Leasing, and understand that he is no longer employed by them, for reasons which we can only assume are to do with his alleged dealings with his preferred repo man in Cricklade, Wiltshire (S L Premier Vehicles). Let me know who the finance house is, and who the repo man is.

[raydetinu]

they have certainly broken the law if the agreement was covered by the consumer credit act. Did you sign anything when they took it away, consent form or anything? Just realised that you bought the car in 2002 7 years ago and you have only paid of 2 thirds, how much was the loan for if over 25k as said before not covered by act and therefore deregulated; in other words normal contract law apllies and if you default they can do whatever is in the contract for recovery. so you will be getting a bill as well for the reamainder of the loan less what they will get for the car at auction.

[Out4Revenge]

If the agreement was covered by the consumer credit act, which covers all agreements up to £25000 or non limited company agreements (i.e. personal individuals), then if you have paid over 1/2 of the agreement, the vehicle cannot be taken unless you voluntarily agree to the repossession (whereby you would need to sign a voluntary surrender document) unfortunealty the only paperwork I can find is the "Voluntary Surrender Authority" which has my sig:cry: or the finance company applies for a delivery up order. There are no other possible means for the vehicle to be taken without your consent, without the finance company breaking the law! As I have previously mentioned in earlier postings, anything goes now days with finance companies, and because of the dealings between finance house collections managers & repo agents, if there is a few quid to be made, then the repo agent will chance his arm. I recently ranted and raved about the collections manager at Kingston Asset Leasing, and understand that he is no longer employed by them, for reasons which we can only assume are to do with his alleged dealings with his preferred repo man in Cricklade, Wiltshire (S L Premier Vehicles). Let me know who the finance house is, and who the repo man is.

 

 

But I will say that we asked and asked for a repayment plan or if there was any way we could get to keep the car but we were told the they were taking it there and then and if I didn't give it up they would call the police to get it, I was very very upset at the time and could barely focus for the tears, it was my only why of earning money as I work mobile! And when they sold it for £1000 ( MG had just gone bust).

I borrowed about 12k, paying back about £220 pre month, I think I missed about 4 or 5 payments although I don't remember if they were just late payments or if I totally missed them.. I found a letter of a solicitor asking me the pay more than the £5 per month I'm currently paying;). It's an agreement with First National Motor Finance.

Is it worth me CCAing and SARing them or should I just drop it now.

[raydetinu]

Can you clarify if you have paid more than half the agreement cost? if you have and you did not sign any surrender document then thay have acted illegally and you should certainly not drop it.

you would need to write to them stating that what they have done was illegal etc.and you want all the monies refunded, everything you have paid.

depending on response you may need to see a soilicitor but if you took them to court you would win.

[Out4Revenge]

Hi thanx for your response, unfortunealty the only paperwork I can find is the "Voluntary Surrender Authority" which has my sig:eek:

[raydetinu]

Thats it then end of! unless they have lost their copy, but if you SAR for it then your admitting one may have existed?

Pity you did not check here when this all started, or let them call the police no order no car!

[Out4Revenge]

yup I thought so, and it is a pity, i found this site about 2 months after they took the car, I might try the sar anyway, you never know they might of lost it;).

So no point me trying the under duress angle? Them lying? claiming to have rights they didn't?

[raydetinu]

I suppose you could; up to a judge how he would view, maybe worth getting some legal advice. see what sar reveals!

[Out4Revenge]

OK will do, be back in about 40 days, thanx again

[sequenci]

Hello there.

 

Do send the SAR, you might be able to argue that you signed the surrender under duress.

[Out4Revenge]

thanx. thats my hope, but there might also be a problem with the agreement, I'm sure that I had to pay x amount over 5 years and then a lump sum at the end of that, I can't be sure though until I see the agreement, don't know if this will make any difference?

[sequenci]

Let us see the agreement first and we can go from there