help with Repossessed vehicle

[clb1978]

hi all

 

on the 24th july 2008 we had are car repossessed by hitachi capital vehicle solutions after they enforced a return of good order made by the court in 2006 which was suspended on the condition that we paid 60pound a month

everything was going fine until we ran into severe financial difficulty.

we asked hitachi if they would except 30pound a month instead which they excepted and we paid this for months on end then out of the blue we had a letter saying we owed them over 200 pound so i rang hitachi to find out that they wanted the extra 30pound that we were not paying as we were only paying 30 as agreed with them.

but it turned out the guy we had the 30 pound agreement with had left the company and the new person taking over was not aware of are agreement we had with him.

they said unless we paid they would enforce the court order from 2006 and take the vehicle.

we tried several times to sort the matter out saying about are agreement with the guy that had left and would pay 70 pound amonth 60 plus 10 to cover the arrears which was fair as there was only 450 pound owing on the car from original purchase price of just under 4k

they refused all offers we made and 24th july took the vehicle using the return of goods act they had got in 2006.

they left are family with no car and we lived in middle of nowhere it affected are family for months not being able to get to the doctors with the kids shopping etc

 

its only over the last couple of weeks i came across this site and could not believe the advice and support on here.

here where i need your help please

 

4th march 2009 i sent hitachi a 12+2 cca request along with a 1pound postal order and sent by recorded delivery.

they have to date sent anything and the request runs out in two days time.

to be very honest i dont know what to do when the deadline expires and what letter to send them next.

would like to try and claim all money paid on the vehicle as there was only 450 left when they took are life line away from us.

can anybody advise if i can claim back all money already paid to them??

i dont have any paper work as al this was thrown away as we didnt think that there was anything we could do after the vehicle was taken.

 

sorry for the long post but if anybody can help me it would be much apreciated.

 

thanks

[BankFodder]

How did you enter into your modification agreement? Dion't tell me that it was made on the ohine and that you didn't record your calls.

If you are going to start taking control, you need to get a call recorder and record evrything routinely. Alternatively, don't use the phone for these kinds of things.

 

You should also send an SAR to see what other information they might have about you. you never know your luck, maybe there is anote of your modified payment agreement.

Then come back here.

[clb1978]

thanks fodder

 

yes it was agreed over the phone yes looking at it now should of got something in writing or recorded but the guy we dealt with seemed ok and was willing to help but there was no problems for months it was a shame he left as the car would be paid off and here with us instead being in Sheffield waiting to be sold at auction which been there since last july.

 

does it matter that i have sent them a cca request as this should give us certain information statement of account etc

and in 2days time the 12+2 are up.

 

if hitachi can not produce the original credit agreement is there anyway of going down that route to claim back any money we have already paid which would be over 2.5k.

i dont have a clue what to do but if i do get what i have already paid i will be making a nice donation to consumer forum for the help.

 

thanks

[clb1978]

just an update hitachi have failed with the cca request and the 12+2 days have now expired.

i will send them asap a sar and wait the 40days.

even if there is no agreement modification which unlikely there will be do i still have a case as they can not produce the signed credit agreement to get what we have already paid??

i have now taken your advice foder and got a call recorder and will only give them my skype out number so i can call graph it if need be.

but i will only put things in writing to them from now on.

 

i am really stuck of what i should do in relation to this cca request???

do i leave it and come back to it if need be whilst waiting for sar request??

any info would be much appreciated so i can get things in to action.

[Markiemark1]

The lack of a response to your CCA request doesn't give you a right to your money back, it just means that the agreement is unenforceable, i.e. they can't chase you for further monies until (and if) it is produced.

 

I think Hitachi may have understood your request to be that you pay the current instalment plus £30 instead of £60, but you were under the impression it was £60 in total. Would that be right.

 

A long shot, but did agents just turn up to get the vehicle, or did they apply at court for a warrant then employ the County Court Bailiff and where was the vehicle when it was recovered from you (i.e. on the road, drive etc)

 

RM

[clb1978]

The lack of a response to your CCA request doesn't give you a right to your money back, it just means that the agreement is unenforceable, i.e. they can't chase you for further monies until (and if) it is produced.

 

I think Hitachi may have understood your request to be that you pay the current instalment plus £30 instead of £60, but you were under the impression it was £60 in total. Would that be right.

 

A long shot, but did agents just turn up to get the vehicle, or did they apply at court for a warrant then employ the County Court Bailiff and where was the vehicle when it was recovered from you (i.e. on the road, drive etc)

 

RM

 

hi markie

 

thank you for your response

 

yes the court said we pay 60pound so we did for awhile then we ended up in difficulty and asked hitachi to accept half the payment of 30 pound which they accepted over the phone but we paid 30pound for months then somebody else took over are account at hitachi and wanted to know we were only paying 30pound explained we had agreement with another guy there who was told had left thats why they were taking over the account and wanted us to pay what was in arrears.

in the end hitachi turned up with a lorry to take the vehicle away but we stood are ground and was advised to ring the court where the return of goods order was made.

i was advised by the court not to let them take the vehicle as they were not appointed by them so the police was called after couple of hours stand off hitachi left promising to come back.

so next day there was a knock at the door and a baliff from hitachi same guy from day before asking for car keys when i looked over the car was already on the tow vehicle parked along side was 2 police riot vans.

so we didnt put up a fight as they already had the vehicle on there lorry giving them the keys or not they were gonna take it.

so they took it they were not county court baliffs but private baliffs sent by hitachi.

 

i rang hitachi today to ask them when we would expect to recieve the original signed credit agreement and was told in words that they have no intention of supplying any aggrement and hung up on me.

it has now gone past the 12days and comeing on for 30days.

 

we really do not know what to do if we do issue them with a sar whats not saying they will ignore that aswell.

 

any info at this stage of what we should do know would be so much apreciated

[Markiemark1]

Two seperate issues here clb.

 

Firstly in respect of any remaining balance, the non-provision of the Agreement will render the Agreement unenforceable. Effectively they won't be able to collect any outstanding monies.

 

Now it terms of the recovery of the vehicle, the Court had issued a Return of Goods order, but had suspended it upon you making payments. Unfortunately you were not able to keep up the ordered payments, although as you say you spoke to the lender and their representative (whether he's still there or not) agreed to accept your payments.

 

Now, what SHOULD happen in cases like these is that the lender applies for a Warrant of Delivery and the County Court bailiff will attend to recover the vehicle, no doubt with the lender's agents there to take it from the bailiff. One point I would ask, where was the vehicle when the agents loaded it onto their truck?

 

Mark

[clb1978]

Two seperate issues here clb.

 

Firstly in respect of any remaining balance, the non-provision of the Agreement will render the Agreement unenforceable. Effectively they won't be able to collect any outstanding monies.

 

Now it terms of the recovery of the vehicle, the Court had issued a Return of Goods order, but had suspended it upon you making payments. Unfortunately you were not able to keep up the ordered payments, although as you say you spoke to the lender and their representative (whether he's still there or not) agreed to accept your payments.

 

Now, what SHOULD happen in cases like these is that the lender applies for a Warrant of Delivery and the County Court bailiff will attend to recover the vehicle, no doubt with the lender's agents there to take it from the bailiff. One point I would ask, where was the vehicle when the agents loaded it onto their truck?

 

Mark

 

thank you for your reply markie much appreciated

 

the car was parked outside the house, there was no county court bailiff there at all just agents from hitachi.

 

also when they first came to get the car and we had stand off i rang the county court in plymouth that dealt with the return of goods order and they spoke with the bailiffs and told them they shouldnt be there as well

but i found the county court not very helpful once they did take the car all they then said you need to get legal advice as they were impartial and cant advise on legal stuff.

 

i have sat down and worked out less the court fee in 2006 for return of goods the car was 99% paid off and at the time they took it. we just had a new born baby and my boy under 2years and we lived on top of a mountain in middle of nowhere and was very dependent on are vehicle and they knew this.

they took the vehicle in july 2008 the car has been sold as i have checked the insurance database and its insured plus dvla sent letter about new keeper wanting to register and if we diagreed we had to contact them that was few months ago.

so if the car was 99% paid off surely they should of also informed me of the sale of the vehicle and any monies they owe me from the sale but heard nothing not single letter about anything from them since july 2008.

 

if i am correct the warrant of delivery can be appealed against which no paper work was ever handed to us in relation to them taking the vehicle the first time they didnt succeed second time they brought two police riot vans with them again no paperwork or county court bailiff

my right have surely been taken away from me as i would of 1million % appealed as it was 99% paid off and there action left us stranded in middle of nowhere wwithout are vehicle that would of been mitigating circumstances for the appeal.

 

i can not thank you enough markie for your continued help it is so much appreciated especially as we can not get legal aid to fight them and this site is a god send for people in same boat and if i manage to get my money back from these evil scumbags i most certainly be making a nice donation to consumer forums so they can help people in my situation

 

again also thanks to others that have also contributed much appreciated

 

i have now written a letter giving them 28days to return the vehicle and go through the correct procedures but i will not send it till i get further advice but was advised by community legal to send it to them as a starter before commencing legal action which i have to do myself.

 

thanks

 

CLB

Edited March 27, 2009 by clb1978

[120805]

Whats happening now?

[clb1978]

************ UPDATE **********

 

hi

here is an update of what point this thread is at.

since posting my last reply's i have complained to hitachi in a formal complaint which we were just sent back a letter with no meaning of the complaint we sent hitachi say they had a return of goods order suspended and they had the right to take the vehicle but we were invited if we were not happy to write to chief executive which we have and just awaiting his responce.

i was advised to also report hitachi to the finance and leasing assosiation which i did but they said they would not investigate it as there was court action in 2006 but after clarification of this and explaining it was hitachi that took us to court in 2006 and got a suspended return of goods order they have decided to look at my complaint and to invite hitachi to reply to my concerns.

i have also written to the OFT about this also just to keep the pressure on.

i have also sent a SAR to hitachi which they responded to which i will put up there documents they sent back i do believe there is information missing namely emails. are emails covered by the SAR????

i think i have not missed anything but this is where everything stands at the moment. it would be nice for chief executive oliphant to accept responsibility for his staffs ignorance and cock ups.

but we shall see

 

please find below the documents received from hitachi as requested under the SAR

 

ps: look at the statement of account and how much was paid sickening

 

credit agreement

 

http://i705.photobucket.com/albums/ww60/clb7800/HIREPURCHASEAGREEMENTEDITED.jpg

 

statement of account page 1

 

http://i705.photobucket.com/albums/ww60/clb7800/STATEMENTOFACCOUNTPAGE1.jpg

 

statement of account page 2

 

http://i705.photobucket.com/albums/ww60/clb7800/STATEMENTOFACCOUNTPAGE2.jpg

 

return of goods order april 2006

 

http://i705.photobucket.com/albums/ww60/clb7800/returnofgoodsordersuspendedEDITED.jpg

 

authorisation for private baliffs to sieze vehicle

 

http://i705.photobucket.com/albums/ww60/clb7800/AUTHORISATIONSENTTOPRIVATEBALIFFSED.jpg

 

letter sent by hitachi with sar documents

 

http://i705.photobucket.com/albums/ww60/clb7800/LETTERSENTWITHSARFROMHITACHIEDITED.jpg

 

thanks for your help guys and a very big thank you to markie for your continued patience

 

Craig & Annmarie

Edited June 24, 2009 by clb1978

[clb1978]

another update in relation to the letter i sent to chief executive

i have today received a reply stating they had a suspended return of goods order plus they state they were legally advised they didnt need a warrant of delivery to uplift the vehicle.

here are the letters sent to us on the 25th june 2009 by hitachi's chief executive.

 

letter sent by chief executive page 1

 

http://i705.photobucket.com/albums/ww60/clb7800/letterfromhitachichiefexecutivepage.jpg

 

letter sent by chief executive page 2

 

http://i705.photobucket.com/albums/ww60/clb7800/letterfromhitachichiefexecutivep-1.jpg

 

anybody got any ideas on a suitable reply to this letter to out line what we are saying in law terms any info would be much appreciated.

 

Craig & Annmarie