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help required with bailiff trying to repossess car


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hi there....

 

this is my last battle and its to do with my beloved BMW.

 

I leased it for 2 year at £650 per month paying a total of £16500 plus i paid a deposit of £2500. So all in all I paid £19000. I was then offered a deal to keep the car on an unregulated hire purchase agreement which i decided to do. I paid £550 for 6 months and then could no longer afford it and rang bmw to come to an alternative which they refused to help. That was last may. In december they tried to call and get me to pay double payments to them for 6 months to get back on track. I tiod them I culdnt afford this as i had made no payments for 6 months on the original figure. I then got a default notice which fails to comply with how they should be ( although i dont know if it makes a difference on an unregulated agreement). I also got a letter to say they were termonating my agreement and going to recover the car.

 

I then here nothing for the last 3 months until i get a call from a guy in scotland claiming to be an investigator and stating he is coming with the police to collect the car. i told him where to go and tols him to make sure the police had a warrant if they were coming on my property. i then wrote to bmw to say I would not be dealing with this man and offered them the opportunity to contact me to arrange for me to deliver the car. that was tues last week and i have heard nothing.

 

I have a copy of my agreement which is a hire purchase agreement. It also says non cancellable underneath.

 

I sdiscussed it over the phone and they sent it out for me to sign.

 

My question is.....what can i do about the repossession considering the amount i have paid under 2 agreements with bmw finance. Does the fact that the default notice is invalid have any effect on terminating the agreement etc.... and is the fact that it is non cancellable make any difference ......I thought if it was not signed on premises but instead discussed over phone and sent out to sign,it should be cancellable.

 

Also i have a question re the content of the document in that no interest rate at all is quoted....does this matter if it is unregulated. I also read somewhere that even if the amount is over 25000 it could still be a regulated agreement. The cash price was £25192 and the total payable is £29916.

 

sorry for all the questions but i have read that much and could do with them being answered so i know how to attack this.

 

thanks

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i have paid over a 3rd of the card altogether since i have had it but the problem is i have had 2 agreements. The first a lease agreement for 24 months which i paid approx £19000 the next a hp agreement which i have only paid about £3300 ( the figures for which are above). The car was valued at 52000 new so i have paid in total about £22,300 altogether.

 

How do you think i stand ??

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I think you need to get proper advice on this, I know that they were hoping to change the law about unregulated Finance But I don't know when it was.

You need to contact CAB ASAP on this as I think they can just take the car on the agreement your paying now as you have to have paid a third for a court order to obtained.

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ok thanks for that.... im not hoping to change the law .....i read it somewhere on this forum....not sure where i may have saved it somewhere...anyway if anyone else has any ideas i would really appreciate it especially on all the other points. Thanks

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No But unregulated Agreements were for 25.000 upwards regarding CCA's

 

But I think this has been changed and if it has you can request your CCa, and In many cases the company's can't supply so mostly unenforceable.

 

You should google what you want to know there is plenty of info out there

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thanks. i already have a copy of the agreement from them. I requested it and it took them ages to find it but eventualyy they sent it. will have a look on google and see what i can find.

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it says that all transactions with an individual are now regulated up top any amount including hire agreements. Does this mean i am now covered and if so does the agreement have to contain all aof the prescibed terms. The agreement was only taken out in oct 2007 though so it would be up to a court to enforce...is this right.

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Zara I think you're in the wrong part of the forum, if you have a look at the credit and debt section you may find the you're looking for,You need to be fairly clued up before you go and see any solicitor, unless you know that they are honest -- unfortunately the law business has more than its fair share of sharks.

 

Good luck,

 

Chris

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is it possible for someone to look at the following thread. I think it may be in the wrong forum and someone asked me to move it here and i dont know how.

 

help required with bailiff trying to repossess car

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