Please help - Bailiff coming in 1 hr for car

[120805]

Okay so here is the story.

 

Took out HP over 48months paid 14 months of HP and now 3 months in arrears.

 

A recovery truck just turned up at the house demanding to speak with my husband. I advised that he was out with his wife and that I was nothing more than a babysitter (little fib I am the wife but wasnt up for speaking to them with no notice!). The debt collection men said that they would sit outside my property until my husband came home.

 

So I closed the front door and phoned my husband to tell him what was happening at home. He said to tell them to come back at about 10.30 tonight when hopefully the neighbours wouldnt be looking and to give him time to get home and empty the car.

 

So I passed this message onto debt collectors and they left saying they will be back at 10.30 tonight for the car.

 

What I need to know is, are they allowed to turn up with no notice and just take the vehicle from my driveway?

 

Any help would be much appreciated.

[havinastella]

Normally if you have paid more than 1/3 of the total they will need a Court Order.

 

Who do you have the finance with and who are the cowboys sitting outside?

 

If you have a copy of your agreement I would check what it says ASAP!

 

Jogs

[Ell-enn]

This is out of order - turning up at this time on a Saturday night - what company are they!! Have you had any notification that the finance company were going to repossess the car? who is the finance company?? Are you able to pay extra each month to clear the arrears??

 

Firstly, tell your husband to park the car in a friend's drive or somewhere it can't be seen - preferably in a garage (not on a road) and either walk home or get a taxi. This will then give you time to sort something out.

[Ell-enn]

As Havinastella says - get your agreement out and check how much you've paid

[120805]

Hi,

The car cant be moved out the driveway as the powersteering pump went and the car failed its MOT due to this. There for the car has been sat in the drive for months and the battery has gone dead.

 

I cant find the agreement anywhere grrrrrrrr! However I have checked my credit report online which states that I have made 14 payments and confirms that the HP is over 48 months.

 

The finance is with First Response and they sent a letter last week saying that as we have failed on our payments the agreement is now terminated and we must return the car. The letter then says that if we do not make the vehicle available for them from our home address then they will raise court proceedings against us.

 

My husband lost his job just before xmas and for the life of him he cant find work. We struggled but managed to pay for the car in the first month or 2 after he lost his job but have failed to keep up the repayments due to having no income (my husband hasnt even signed on the dole so we are living off tax credits and a tiny college bursary).

 

I dont know who the debt collectors are either. I told them I was a babysitter in the hope of getting rid of them so they didnt tell me much. However they did say that they have travelled over from Glasgow (about an hrs drive away from where we live). They came with a recovery truck but I didnt see any business name on it, but I wasnt really looking to much at the truck either.

[Ell-enn]

If the car is on your private driveway ordinarily they can't take it - only a court bailiff can come onto your property with a warrant and take the car - however as you are in Scotland I'm not sure if the same law applies?

 

I guess it boils down to - do you want to keep the car?

[havinastella]

NOW this may or may not help.

 

If they ask for the car to be returned you have to ask for the Court order. If they don't have one, refuse to hand the car back.

 

Should they then remove the car, you may be liable for all monies you have paid them. As the car is knackered, this may be a good thing.

 

DON'T sign any paperwork if they do take the car.

 

Jogs

[120805]

Thanks for everyones help.

 

With regards to the car we cant afford to get it fixed so in a way them taking it is a slightly good thing.

 

If we can claim any money back too then that would be good coz even when the car goes there is still a balance of £4k on the car that will need paid.

 

Can someone talk me through what I should be doing when they arrive for the car? Going on the assumtion that I will be handing it back and hoping to reclaim money paid.

[120805]

**** they are here!! Okay am going to find out who the cowboys are let them take the car and sign nothing

[120805]

Okay they have been ang go with the car and we signed nothing. We also still have the V5 for the car as we couldnt find it when they arrived.

 

The agreement that they wanted us to sign I took off the man and photocopied for my own records.

 

The man kept saying that if we signed the letter it would then terminate the agreement with First Response (HP company) but thats already happend going by last weeks letter from the Hp company.

[120805]

Found the agreement

[havinastella]

does it state that they needed a court order if you had paid 1/3?

 

Jogs

[120805]

Yes it does. The agreement states very clearly how much we should of paid for all money to be returned should the car be repossesed without our consent. And we have paid the amount stated!

[120805]

Section From Agreement -

 

Reposession Your Rights

 

"If you do not keep your side of this agreement but you have paid at least one third of the total amount payable under this agreement, that is £2398.51 we may not take back the goods against your wishes unless we get a court order. (In Scotland we may need to get a court order at any time) If we do take the goods without your consent or a court order, you have the right to get back any money you have paid under this agreement."

[havinastella]

Section From Agreement -

 

Reposession Your Rights

 

"If you do not keep your side of this agreement but you have paid at least one third of the total amount payable under this agreement, that is £2398.51 we may not take back the goods against your wishes unless we get a court order. (In Scotland we may need to get a court order at any time) If we do take the goods without your consent or a court order, you have the right to get back any money you have paid under this agreement."

 

SUPERB

 

You have them bang to rights, congrats.

 

Jogs

[120805]

Hi Again,

 

Upon further reading on the letter that the collector gave us, it clearly states that we have paid £2725.92, and that our contract thirds are paid, so it looks like we are in the clear.

 

What we need to know now is, where do we go from here, what letters to send and where to send them etc, I don't know where to begin?

 

Many Thanks

[120805]

Am away to bed now but ill be back tomoz if anyone can give me any advice on where to start the claim that would be great.

 

Thanks for everyones support tonight, I was scared and nervous when the recovery van turned up but use gave me the confidence to deal with the situation. Thankyou xxx

[havinastella]

Have a look here

 

National Debtline England & Wales | Debt Advice | Factsheet 16 How To Deal With Hire Purchase Debt

 

Just have to find out what you need to do to reclaim everything paid!

 

Did you tell the repo that you DID NOT agree to the repossession?

 

JOgs

[havinastella]

Waives at guests!

[Markiemark1]

Sorry I missed this. Been a busy time with law exams etc. However, so far this is going absolutely brilliantly.

 

I'd send a letter before action to the creditor citing S90 of the Consumer Credit Act and explaining how they've repossessed the car illegally given that they've taken it off the driveway and how you've paid more than one third. They've also trespassed so you could seek damages for the tort of trespass (go high and negotiate!).

 

If they don't pay up (and it's unlikely!) then issue proceedings!

 

We'll be here to help!

 

Mark

[Ell-enn]

Hi Mark:) are there any differences in the legal terminology/process as this OP is in Scotland.

[Markiemark1]

If anything the law is even tougher in Scotland than here...although practically there's no difference. Go for it I think!!

[120805]

Thanks ever so much for everyones encouragement.

 

Ive contacted the national debt line who said to send a letter of complaint via recorded delivery and that First Response have 8 weeks to respond.

 

After reading Markiemark1's post I am now very interested in going for the trespass damages too. At least adding to the claim would help for when they make me an offer for under what I asked.

 

I am going to spend the weekend writing my first letter to First Response. Need to do alot of research coz I dont know what to put in the letter and I need it done properly.

 

Just a thought but if I sent a letter before action would that give them less time to respond? Or do they still have 8 weeks?

[120805]

Sorry another question, little bit cheeky, but do I get to add interest at any point to the claim? Like I said its a bit cheeky

[caro]

I don't want to throw a spanner in the works, but a third of 48 is 16, so I don't think you've paid a third of the HP.