Please help - Bailiff coming in 1 hr for car

[havinastella]

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!

 

Lets hope you have

 

 

JOgs

[andydd]

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.

 

Id recommend investigating 'signing on' and getting JSA, I would of thought your hubby could claim contribution based JSA, it is important nto do to make sure you can get your £65 a week and equally as important to help with other benefits, council tax, etc.

 

Andy

[120805]

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.

 

 

 

We have definatly paid over the third, we have it in black and white from the recovery company and our credit report shows how much we have paid which again clarify's that we have paid over the third.

[caro]

Fair enough.

[120805]

The DVLA have got in touch with me today (by letter). I never handed over the V5 documents for the car when the bailiffs took it away and now the DVLA are giving me 14days to respond to a letter asking if the car has a new keeper? Obviously the bailiffs are trying to get the V5 documents directly from the DVLA.

 

Any advice on what I should do? If I ignore the letter then the new keeper gets the docs which I dont know if that will go against me when I make a claim for all money to be paid back. At the same time though I also dont want fines coming through my door for someone elses wreckless driving!

 

Thanks

[havinastella]

Hi again!

 

Firstly, I would inform the DVLA that the car was 'illegally repossessed'

 

Second, what have you done since the repossession?

 

Jogs

[humbleman]

If they didn't serve you a default notice, that could be another angle for you.

[kurvaface]

wow... This forum has so opened my eyes!

[120805]

Hi,

 

Since the reposession I havent achieved much. Ive just been reading alot of threads on here trying to find a template letter that I could use.

 

My husband reckons that we did receive a default notice.

[120805]

Would it be okay to email First Response my letter instead of sending recorded delivery? Just trying to save a day here and there. Obviously I would retain proof that the email was sent.

[patrickq1]

send a letter before action to the creditor citing S 90 of the Consumer Credit Act and explaining that they've repossessed the car illegally given that they've also trespassed onto you property and have removed the car without your permission or a court order since you have already paid more than one third. ..do this immediately send all data by registered post and keep a file of all copies for this,this way you can keep track of everything

[120805]

Hi Patrickq1, thankyou for your advice. I will get my husband to type the letter up for me and sent it recorded delivery.

 

Do I get to add interest onto the claim?

[120805]

Does anyone have s90 of the consumer credit act for me to quote in my letter? Am asking for compensation for trespassing, should I state an amount or leave it open to them to decide how much?

 

Also can I ask for all negative entries on my credit file to be removed? Would rather get the first letter I send with all my demands as apposed to adding more at later stages.

 

Thanks

[patrickq1]

i would nt like to answer that lol but hopefully markie can if he has the time

dont forget to make notes and keep records of everything ok

[patrickq1]

yes get the first letter sent that is important

did you have any insurance with the car

[120805]

am looking over my agreement just now. I didnt take out any insurance on the cars HP however I have been charged for something called an "Option to Purchase Fee" at £40, dont know what that is? The only other fees are interest and document fee.

[patrickq1]

was this a lease purchase ?

[120805]

Agreement titled - Hire-Purchase Agreement Regulated By The Consumer Credit Act 1974

[120805]

Well I still dont know what the purchase fee is but it is to be added on to the final instalment so it doesnt concern me seens how I never made it that far.

[120805]

Ive written a prelim letter for First Response (car finance company). Could someone have a read of it and let me know if its okay to go?

 

 

 

Dear Sir/Ma’am,

I would like to bring it to your attention that you have unlawfully repossessed my car.

As set out in the agreement and I quote “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. 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.”

I have paid £2725.92 which covers the third needed to protect my investment. You never obtained a court order to repossess the car. I would also like to advise you that the vehicle was removed from my driveway at my home address without my permission. This is trespassing to which I expect reasonable compensation for.

I would like to receive a full refund of all monies paid by myself which amount to a total of £2725.92 and reasonable compensation for trespassing onto my private property.

If I have not had a satisfactory response from you within 12 working days from receipt of this letter then I will sent you a letter before action. If you do not respond to my letter before action then I will issue county court proceeding where you could be liable to court costs and interest.

PLEASE DO NOT IGNORE THIS LETTER THE PROBLEM WILL NOT GO AWAY

Yours Sincerely

120805

[kurvaface]

PLEASE DO NOT IGNORE THIS LETTER THE PROBLEM WILL NOT GO AWAY

[120805]

Do you think the letter is good to go? I really want to get it posted tomoz?

[kurvaface]

I am no expert but... I don't think it could be any clearer.

[patrickq1]

try this adapt to suit yourself ok

patrickq1

Dear Sir/Ma’am,

I would like to bring it to your attention that S91. If goods are recovered by the creditor in contravention of section 90 (a) the

regulated agreement, if not previous terminated, shall terminate, and (b) the debtor

shall be released from all liability under the agreement, and shall be entitled to recover

from the creditor all sums paid by the debtor under the agreement.

92.—(1) Except under an order of the court, the creditor or owner shall not be entitled

to enter any premises to take possession of goods subject to a regulated hire-purchase

agreement, regulated conditional sale agreement or regulated consumer hire

agreement.

(2) At any time when the debtor is in breach of a regulated conditional sale

agreement relating to land, the creditor is entitled to recover possession of the land

from the debtor, or any person claiming under him, on an order of the court only.

(3) An entry in contravention of subsection (1) or (2) is actionable as a breach of

statutory duty.

93. The debtor under a regulated consumer credit agreement shall not be obliged to

pay interest on sums which, in breach of the agreement, are unpaid by him at a rate—

(a) where the total charge for credit includes an item in respect of interest,

exceeding the rate of that interest, or

(b) in any other case, exceeding what would be the rate of the total charge

for credit if any items included in the total charge for credit by virtue of

section 20(2) were disregarded.

As set out in the agreement that is we have paid to your company a sum over and above the required one third of the payments for this vehicle 1 third being £2398.51

I have paid £2725.92 which covers the third needed to protect our investment. You have not to our knowledge obtained a court order to repossess the car.

I would also like to advise you that the vehicle was removed from my driveway at my home address without my permission. This is trespassing to which is also an offence

A person who is not a duly authorised officer of an enforcement authority, but purports to act as such under this section, commits an offence..since the person used to recover the vehicle made us beleive he was duly authorised to recover this vehicle under the law we now remind you that

Consequences of breach of s. 90.If goods are recovered by the creditor in contravention of section 90—

(a)the regulated agreement, if not previous terminated, shall terminate, and

(b)the debtor shall be released from all liability under the agreement, and shall be entitled to recover from the creditor all sums paid by the debtor under the agreement.

we shall be seeking further instructions with regards to recovery of all monies paid

yours sincerly

[clb1978]

hi

 

i would like to wish you all the luck in getting your money back.

me and my partner are in similar position with hitachi who unlawfully took are vehicle with only couple of hundred quid oweing.

go get them

 

Craig & Annmarie