Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **

[wannabedebtfreesoon]

Yesterday I had a recovery agent attempt to collect my car, I was under the impression that they could not take it off private property without my permission and without serving a default notice and termination notice.

 

I called the police for assistance but when they arrived they immediately sided with the driver and allowed him to take it off my property with no such documents.

 

If I am mistaken in my beliefs here please would somebody knowledgeable in the legalities give me some advice before I take this any further.

 

Many thanks

[cab1ne]

"OK"

 

i went through this situation about 2 years ago.

 

some people will ask you about how much of the vehicle have you paid.

being a third or under is totally irrelavent,

if they removed the vehicle from the roadside then you lose, but being from your private property you win.

 

to remove the vehicle from your private property they 100% need a court order and then it is the court who remove the vehicle and surrender the vehicle to the collection agents.

 

what you need to do is contact the police again and get the officers attending names and badge numbers.

make an appointment to see the station chief super then voice your concerns that you have reason to believe that the attending officers may have assisted in a crime ( be polite and calm at all times)

 

DO NOT accept the civil law crap they tend to spiel out, inform the chief super that you will give them 28 days to investigate your complaint and if they do not comply you will make a complaint to the IPCC independant police complaints commission.

 

also insist on a crime number as a crime has been committed.

Once the IPCC are involved they start to bend over backwards to correct themselves.

 

cab

[wannabedebtfreesoon]

Hello Cab, thank you sooo much for that information. I just wanted to be absolutely 100% sure before I went any further with this.

 

I took the name and badge number at the time because I was so outraged at his attitude in the first place! Did I mention that we made a video of the whole incident?? No matter what I told him, (calmly and politely!), his only responses were; "I don't care" and "I'm not interested"!

[cab1ne]

now that could prove criminal intent and opens a bigger can of worms, but always say you have reason to believe and NOT it is. as we know the courts make that final decission.

 

cab

[wannabedebtfreesoon]

Sorry, can I ask how they "corrected themselves" in your situation please??

 

OK I just called up the station to make an appointment, they wouldn't make me an appointment saying that they have a formal complaints procedure and needed to take details first.

 

I gave them all the details and they are going to try to get in touch with somebody and will call me back.

[fairclaire]

I have also been through this situation. Cab is correct when he says that a court order is needed.

 

I pursued the company involved and eventually (it was a long and stressful process) settled out of court with them the day before the hearing for all the monies I had paid on the agreement prior to the reposession (nearly £4000).

 

Unlike you, however I had been served with a default notice.

My sole argument was that the car was reposessed illegally.

The company involved never admitted illegal reposession but were too afraid to go to court to defend it.

 

This was about 3 years ago but I still have all the correspondence to them and their solicitors, papers sent to the court etc and would be happy to share any of the details should it help.

 

I did this on my own with some very gratefully received help from people on this site.

If I can do it then anybody can!

 

I personally wouldn't get to hung up on the police thing.

They will treat as a civil matter and won't want to get too involved.

That is only my personal opinion, however

 

. I would concentrate on getting justice from the finance company who had your car reposessed.

 

Your car has been unlawfully reposessed and you can do something about it if you are willing to fight it.

 

As I said before if I can help.....

 

Good Luck

[wannabedebtfreesoon]

I am more than willing to fight it!! I have another thread on the welcome finance forum where I am trying to do something to make them accountable for their abominable actions! I won't let this go and would be so grateful for any input you could give, considering you've been through this yourself.

I can't thank you enough for your support

[postggj]

just jumping in

 

if less than a third has been paid, the finance co can do a repo, be it on your property or roadside

 

if more than a third has been paid, the finance co would need a court order and then only a county court baliff can do the repo. be it on the road or drive

 

the finance co or recovery agent has no say in it

[fairclaire]

My experience wasn't with welcome....although I have had that misfortune with personal loans:mad:. Common knowledge that are a pain to deal with in any capacity

 

I am at work now but when I get home will dig out my stuff on my case, blow the dust off it and see what parts of it may be of use to you.

[wannabedebtfreesoon]

Oh it seems there are two different opinions Confused now

[wannabedebtfreesoon]

My experience wasn't with welcome....although I have had that misfortune with personal loans:mad:. Common knowledge that are a pain to deal with in any capacity

 

I am at work now but when I get home will dig out my stuff on my case, blow the dust off it and see what parts of it may be of use to you.

 

Thank you so much, I really appreciate this

[postggj]

wanabedebtfreesoon

 

i have had welcome in court for caggers three times on illegal repo

 

i won all of them

 

enough said

[fairclaire]

might be an idea for you to give a few more details

 

1. when did you take the car finance out?

2. how long was it over? (usually 3 or 4 years)

3. How many months correct payments did you make and when did these stop?

4. anything else that you think might be useful

[cab1ne]

Sorry, can I ask how they "corrected themselves" in your situation please??

 

1.the situation is now recorded on police files.

2. 2 police officers for witnesses and/or full statements.

3. full written appoligies.

 

 

a creditor will find that he is in deep sh*t if they take you to court.

 

cab

[wannabedebtfreesoon]

I originally took the agreement out in june 2006 and had it modified in May 2007. Based solely on the 2nd agreement I have paid £190 short of the third, my argument with them is that they did not serve a DN, terminated the agreement whilst keeping it active and then repossessed the car off private property.

 

I have read elsewhere that irrespective of the third being paid they are not permitted to take a car off private property without my permission. This was also verified by the first recovery agent they sent who came for the car and then didn't take it because he said he couldn't take it off my drive without my permission.

 

I'm getting a little confused now, I'm not sure what is legal and what is not

[cab1ne]

just jumping in

 

if less than a third has been paid, the finance co can do a repo, be it on your property or roadside

 

if more than a third has been paid, the finance co would need a court order and then only a county court baliff can do the repo. be it on the road or drive

 

the finance co or recovery agent has no say in it

 

no dis-respect post. but i can assure you that if the vehicle is on private property they can not repo the vehicle without the courts.

 

cab

[wannabedebtfreesoon]

1.the situation is now recorded on police files.

2. 2 police officers for witnesses and/or full statements.

3. full written appoligies.

 

 

a creditor will find that he is in deep sh*t if they take you to court.

 

cab

 

Wow! If I could achieve that I'd be over the moon!

So they definitely can't legally take it off private property? Sorry, I just want to be sure. I've just had a phonecall from a sergeant saying I can't see a chief super I have to see him. I've made an appointment to go in on monday at 4pm.

[postggj]

ive checked s90 of the cca

 

also on the default and termination regs

 

can you give a link cabine please

[cab1ne]

here is a brief part

 

Legal Issues Explained - Car Repossession

 

http://www.payplan.com/debt-library/repossessions-car-repossession.php

 

cab

[cab1ne]

Wow! If I could achieve that I'd be over the moon!

So they definitely can't legally take it off private property? Sorry, I just want to be sure. I've just had a phonecall from a sergeant saying I can't see a chief super I have to see him. I've made an appointment to go in on monday at 4pm.

 

if they give you the run around do what i did.

post gave me advice on my situation a long time ago, go straight to the IPCC and let them know you are doing so.

 

cab

[wannabedebtfreesoon]

This is section 92 of the Act, does this apply??

 

92 Recovery of possession of goods or land

 

(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.

[wannabedebtfreesoon]

if they give you the run around do what i did.

post gave me advice on my situation a long time ago, go straight to the IPCC and let them know you are doing so.

 

cab

Thanks cab, I have no problem in taking this as far as it needs go. I don't want anyone else to have to go through this.

[postggj]

it does indeed

 

my interpetation of that though is a garages (possession of goods and premises)

 

not a drive way even though its private property

 

cross checking though as stated it depends if more than a third has been paid

[postggj]

print off your credit file to show how much you have paid before welcome get wind of this

[wannabedebtfreesoon]

Therein lies a problem! The amount on my credit file is different to the amount Welcome say I owe. If it comes down to the credit file then I have paid more than a third, there is a difference of £700.