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Please help - Bailiff coming in 1 hr for car


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Yep, the letter is good. You are entitled to damages for the tort of trespass, and like you I think it's sensible to not claim an amount, but see what is offered by Hitachi.

 

Will be interesting to see what they come back with. Get the letter in the post if you've not already done so by recorded delivery and we will go from there.

 

I am going to make a point of chatting to one or two of the judges I am likely to be before this week and askfor their view on matters such as these (in particular where ROG orders are obtained but no warrants sought).

 

Also, the option to purchase fee - as you correctly state this is a "Hire" Purchase Agreement, i.e. you are hiring the vehicle until you pay the last payment, at which point there is an option to purchase the car. It's not an insurance as such.

 

Hope that helps

 

Mark

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Thanks for clarifying what the option purchase fee is. If you manage to speak to any of the judges that would be great for myself and everyone in a similar position. Thanx

 

I love the help on this forum it really is addictive when you start reading through all the threads (in a good way) x

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  • 2 weeks later...

You're other advantage is that as you still have the V5 they have no proof that you agreed to them removing the car. The paperwork of yours they photocopied could have easily been posted through the door while you where out.

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  • 2 months later...

Time for a little update.

 

Nothing looking too good just now. We sent our prelim letter months back and First Response (HP company) kept sending letters asking for extra time to respond whilst they investigated the matter. Eventualy got their response about 2 weeks ago basicaly stating that the vehicle has not been respssesed that we had voluntarly surrendered the vehicle. The car has been sold by the HP company and they are now asking us for the remaining balance to be paid. Infact I got a letter this morning from First Response saying that they will be applying to my local court in order to get the outstanding balance paid.

 

 

I feel that I did not voluntarily surrender my car as I never signed anything to say that I agreed to it being taken. We have paid over a third to secure our investment and now we have nothing to show for it.

 

Ill check my credit report today and see what First Response have done on that and I will also post the letter that was sent to me stating that the car had not been repossesed but that we voluntarily surrendered the vehicle.

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Here is the letter we received from First Response in reply to our letter stating they were in breach of law.

 

.....................................................................................................

After concluding our investigation in to the issues that you raised with the collection of your vehicle, I am now in a position to address the points that you have raised.

 

To deal with your allegation that the vehicle has been repossessed against the terms of section 90 of the Consumer Credit Act 1974.

 

Our agent made it clear when he attended your home that he was not there to repossess the vehicle, but to discuss the voluntary surrender of the vehicle to First Response Finance, to reduce you liability under the agreement.

 

The guy turned up at my door, when I was at work at 7.30pm and said "I am here for the car, I have driven all the way from Glasgow and I am not leaving without it"

 

The paperwork that the agent provided you clearly stated this, and according to his statement you read this then asked to take copies of the relevant paperwork for your records.

 

Paperwork photocopied to prove that I did not sign my approval to the car being taken.

 

The statement that we received from our agent also advises that you refused to sign the paperwork as your sister, who is studying law, suggested that by not signing it you would not be liable to make payments towards the outstanding liability following the sale of the vehicle.

 

This is the best one, I am the youngest child in a family of four boys, I don't know when I suddenly adopted a sister, and by law they cannot "voluntarily surrender" my car if I did not sign my apporval to this,

She did however advise you to hand the vehicle over to the agent, this you agreed to do, having removed your personal possessions.

You surrendered the keys to the agent having removed your possessions, handed the keys to the agent so that he could recover it, and in addition asked the agent to be discreet and not display his orange beacons in close proximity to your home, A request with which the agent complied.

 

I still have the main car key, and the V5 document, the car battery had died so the car was left unlocked, and the spare key was left in the glove box hence why they have one. Yes I emptied the car of my pram and car seats simply because they had made it clear the car was leaving my driveway, with or without my consent.

Taking into account all of these circumstances, I cannot agree that there has been any breach of section 90 of the Consumer Credit Act, as at no point was repossession of the vehicle considered, and you were given documents that made it clear that this was a voluntary arrangement.

 

**for the bold text - I quote from a previous letter "You should be aware that should you continue to ignore this matter FRF will have no option but to apply to your local court for a Return of Goods Order." Just to prove that point wrong as well...

 

To take the second point raised in your letter with regard to trespass; and you wishing to seek compensation for trespass by our agent.

 

The agent attended your home address by prior appointment with you. Arranged when your sister phoned you while she was at your address at apporximately 3.30pm on the xxth of ... 2009. The agent had called to speak to you, and when you were not available he asked if you could be contacted, she called you and asked them to call back at 10pm that day, when you would be available.

 

Again...Sister? I made no arrangements and if they came at 3.30 I would have been home I started work 5 minutes away at 5pm, he then parked up outside my home at 7.30 demanding to speak to me to take the car, for shear concern for the opinion of our neighbours my wife advised them to leave and that I didn't finish until 10pm, to put it blunt they were there again before me...he was brought inside out of humility due to his hi-viz vest and loud brash tone not for tea and biscuits as the next paragraph would probably go on to say...but this is not my main focus so not too concerned about the trepassing at this point

 

I am not of the opinion that our agent was guilty of trespass. Trespass, in Scotland is a temporary intrusion without permission or justification, such as entering upon someone else's property. According to the agent, the visit was by prior appointment and you "invited" him into your house in which case the agent would clearly not be guilty of trespass.

 

This concludes my findings on the matters raised. I would be grateful if you could contact etc etc...

 

Yours sincerely

 

FRF

 

....................................................................................................

 

Anybody have any thoughts on where to go, or any questions to clear some points up, I understand that is a lot of reading, so thanks for taking the time to help.

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I'm going to move your thread to the Bailiffs forum as I hope there may be advice from someone there.

 

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