Did bailiff act legally? - What can we do now?

[thebaglady]

Hello

 

I am again hoping someone can clarify this situation and advise if we can do anything.

 

I have read this forum and tried to find this information out and am now a bit confused.

 

My daughter's car was repossessed by the finance company, after them obtaining a court order, which we didnt know anything about, as we had moved house. She had paid 2/3rds off the vehicle. We had to pay off extra charges many times, as they added very high charges if you missed just 1 payment, we always brought it upto date. My confusion arises because it was not a court bailiff that repossessed the car, but someone from the bank/finance company direct.

 

I am sure i have read that once a court order had been obtained it was only the court bailiff that could take possession?

 

The morning it happened was just awful, he banged on the door and shouted at my daughter that he was taking the car, we tried to reason with him, and he wouldnt provide any information to us, his name, company etc, he stated he didnt have to tell us. I called the police who refused to attend, i rang a legal helpline and spoke to a solicitor, who couldnt do very much, we were in a panic.

 

He strapped the car up and pulled it with his car off the drive, so that he could tow it away. He was really horrible, he wouldnt speak to us or give us any information.

 

She is now being chased for £6450 shortfall, the car when bought was £5999, she paid £1500 deposit and then all the payments and charges that they added on, at various times.

 

Can anyone advise if we can argue the fact that the finance company shouldnt have taken the car, it should have been bailiff from courts, and hopefully then we would have been able to defended it.

 

Any advice would be appreciated.

[chris600uk]

Yes there is another thread on another part of the forum where something very like this happened - I think the OP in that situation is getting paid by the finance company.

[thebaglady]

Thanks - I was sure i had read something similar, but couldnt find it again, do you have any idea on how to proceed with this, letters etc?

[tottys]

Thanks - I was sure i had read something similar, but couldnt find it again, do you have any idea on how to proceed with this, letters etc?

hi i have just read your thread i think that the thread about log book loans might be helpful its not the same sit as you are in but if you look out for applecart and bullyuk they do have fab advice and are very helpful best of luck with this.

[thebaglady]

Thank you so much - i will go and look at that now.

[thebaglady]

Any ideas anyone about how to handle this?

[chris600uk]

Have a read of this thread, I think it will help you.

http://www.consumeractiongroup.co.uk/forum/repossessions/174408-car-taken-yesterday.html

[thebaglady]

Thanks so much for that link, that was the one i had been reading that i couldnt find.

 

Do you think i should write to the finance company direct, and ask for a refund of all monies paid, due to them illegally repossessing the car?