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

[wannabedebtfreesoon]

Whew, that was a marathon read!

 

Impressive stuff!

 

Just to add to the LIP advice quoted higher up, you might want to read this:

 

http://www.consumerforums.com/resources/templates-library/51-guidance-notes/105-case-guidance-notes-going-to-court

 

if you haven't come across it before. It was written originally for people fighting their banks, but the whole advice is good regardless of the reason you are in court, tbh.

 

Go kick ass. ;-)

Thanks Bookworm

I hadn't come across that one, I'm cramming at the mo so everything helps!

Thanks for your support, it's really appreciated and I fully intend to kick ass!!

[wannabedebtfreesoon]

I have every faith in ya hun! You will blow them away When you have finished kicking their a$$es on your own behalf you should come kick them on mine

 

I cant wait to hear your update on how it went

Thanks mate, if all goes well I'd happily take up Welcome bashing as a career

I just can't wait for it to be over now, it's been a long time since this all started.

[wannabedebtfreesoon]

Seems my guest has been doing some serious cramming too

[beyondhope]

Thanks mate, if all goes well I'd happily take up Welcome bashing as a career

I just can't wait for it to be over now, it's been a long time since this all started.

 

 

PMSL @ Welcome Bashing sounds like a fab career

Ill be around tonight if you need any moral support Best I start cramming even if I dont have a date to aim for

[wannabedebtfreesoon]

PMSL @ Welcome Bashing sounds like a fab career

Ill be around tonight if you need any moral support Best I start cramming even if I dont have a date to aim for

Thank you, you've been an absolute diamond throughout all of this and I won't forget it

[beyondhope]

Thank you, you've been an absolute diamond throughout all of this and I won't forget it

 

You have been more than helpful yourself

Edited May 5, 2010 by beyondhope

[cyril1982]

Hi wanna, just wanted to but in to wish you the best of luck in court tomorrow.

 

i'll be eagerly awaiting the outcome of your case as i am currently preparing to start similar action against close motor finance for illigally repossessing my vehicle for nothing more than having the cheek to enquire about my right to V.T.

 

I'm interested to see how the court handle the situation and hopefully you'll be able to offer some glimmer of hope and inspiration to me tomorow once you kick welcome's scrawny behinds in court.

 

good luck.

[essexboy]

all the best wannabe

 

will be thinking of you tommorrow and have everthing crossed

 

essexboy

[wannabedebtfreesoon]

I have to say that I am genuinely touched by all of your support and well wishes. This whole thing started as just me taking action against Welcome Finance, but it has turned into something much more

 

Whatever the outcome tomorrow, I just want to say a big thank you to everyone who has helped and supported me through this. It's been a long journey of growth, education and friendship, and even if things don't go my way tomorrow, I wouldn't have changed a thing

 

Win or lose, I will never give up fighting the good fight or standing up for myself against bully boy companies, and I hope the same goes for all of you!

 

A million times thank you

[wannabedebtfreesoon]

Hi wanna, just wanted to but in to wish you the best of luck in court tomorrow.

 

i'll be eagerly awaiting the outcome of your case as i am currently preparing to start similar action against close motor finance for illigally repossessing my vehicle for nothing more than having the cheek to enquire about my right to V.T.

 

I'm interested to see how the court handle the situation and hopefully you'll be able to offer some glimmer of hope and inspiration to me tomorow once you kick welcome's scrawny behinds in court.

 

good luck.

With any luck the court will handle the situation with due regard for the law

If you are sure you have been the victim of an illegal repo, for all intents and purposes, it should be a clear cut case

 

The mentality of these companies is that they will get away with it because consumers are generally unaware of the the law and their rights. They basically call your bluff; more times than not they will actually get away with it so, financially it's a viable prospect. In their twisted view, if you can't make your payments you won't be able to afford legal action.

This is why it's so important we stick together and fight. Hopefully one day these wretched companies will fold under the weight of the consumer fightback!!

 

If there's anything I can do I'd be happy to help

[beyondhope]

I have to say that I am genuinely touched by all of your support and well wishes. This whole thing started as just me taking action against Welcome Finance, but it has turned into something much more

 

Whatever the outcome tomorrow, I just want to say a big thank you to everyone who has helped and supported me through this. It's been a long journey of growth, education and friendship, and even if things don't go my way tomorrow, I wouldn't have changed a thing

 

Win or lose, I will never give up fighting the good fight or standing up for myself against bully boy companies, and I hope the same goes for all of you!

 

A million times thank you

 

Bless ya hun if we cant help and support each other there is little point there is power in numbers and between us we CAN make a difference. Will be thinking of you tomorrow, i think i may pop with anticipation tomorrow my nephew should be born and you are in court - what a day! xx

[wannabedebtfreesoon]

An excerpt taken from this website: Legal Issues Explained - Car Repossession

 

Popular questions on the area of hire purchase car repossession.:-

 

 

1. When can a hire purchase company repossess my vehicle?
   If you have paid less than one third of the total payments and the vehicle is parked on public ground then a hire purchase company has the legal power to repossess your vehicle without going through the lengthy procedure of obtaining a court order.
   
2. How can I reduce the risk of repossession?
   Please note that they cannot repossess the vehicle if the car is in your drive or on a third parties property. They CAN take it if it is in the road.
   PLEASE NOTE that many people try and trick the car bailiffs by parking the car in the next road……Please note that this a common mistake as the bailiffs always check the surrounding roads and side streets for the vehicle.
   
3. Does the finance company need to take me to court to get my vehicle?
   The only time that court action will precede car repossession is after you have paid one third of the total payments.
   
4. Will they just take my car without telling me?
   No, you will always be given a a pre-possession order. So make sure you open all your post. The pre-possession notice will allow you at least 15 days to make arrangements to avoid car repossession.
   

 

I've already got it printed out ready for tomorrow

 

Fingers crossed for a decent judge who will uphold the law

[beyondhope]

An excerpt taken from this website: Legal Issues Explained - Car Repossession

 

Popular questions on the area of hire purchase car repossession.:-

 

 

1. When can a hire purchase company repossess my vehicle?
   If you have paid less than one third of the total payments and the vehicle is parked on public ground then a hire purchase company has the legal power to repossess your vehicle without going through the lengthy procedure of obtaining a court order.
   
2. How can I reduce the risk of repossession?
   Please note that they cannot repossess the vehicle if the car is in your drive or on a third parties property. They CAN take it if it is in the road.
   PLEASE NOTE that many people try and trick the car bailiffs by parking the car in the next road……Please note that this a common mistake as the bailiffs always check the surrounding roads and side streets for the vehicle.
   
3. Does the finance company need to take me to court to get my vehicle?
   The only time that court action will precede car repossession is after you have paid one third of the total payments.
   
4. Will they just take my car without telling me?
   No, you will always be given a a pre-possession order. So make sure you open all your post. The pre-possession notice will allow you at least 15 days to make arrangements to avoid car repossession.
   

 

I've already got it printed out ready for tomorrow

 

Fingers crossed for a decent judge who will uphold the law

 

And as such a termination notice is NOT a pre repo order no?

[wannabedebtfreesoon]

And as such a termination notice is NOT a pre repo order no?

I'm not sure, maybe they're referring to a default notice???

[beyondhope]

I'm not sure, maybe they're referring to a default notice???

 

 

I need to find out if its an actual document or if as you say a default is classed as pre repo notice? but then it says at least 15 days default SHOULD be 14??

 

for info sake as I know alot of ppl are following this thread from several sites ive read its only needed before court action when you have paid more than 1/3

Edited May 5, 2010 by beyondhope
more info

[wannabedebtfreesoon]

I need to find out if its an actual document or if as you say a default is classed as pre repo notice? but then it says at least 15 days default SHOULD be 14??

Yes that is odd, I just looked at another website: Debt Questions

 

That one says "Every pre-possession notice must give details of what you owe and allow you at least 15 days to remedy the problem." Sounds a lot like a dn apart from the 15 days

 

Pre possession orders aren't mentioned in the Act as far as I've seen

[wannabedebtfreesoon]

It also says this:

"A Hire Purchase company can only repossess the vehicle without a court order if you have paid less than one third of the total payments and the vehicle is parked on public ground. Therefore, to buy time in which you can come to a solution, move the vehicle to your drive or that of a friend!"

[beyondhope]

Yes that is odd, I just looked at another website: Debt Questions

 

That one says "Every pre-possession notice must give details of what you owe and allow you at least 15 days to remedy the problem." Sounds a lot like a dn apart from the 15 days

 

Pre possession orders aren't mentioned in the Act as far as I've seen

 

 

I just looked at that site too I really am stalking you No ive not noticed them either.... I saw the more than a 1/3 bit here:

 

If you have paid more than one third of the total payments the Hire Purchase company cannot repossess the vehicle without a court order. Before getting this order the company must issue you with a pre-possession notice. If you receive a pre-possession order, get advice. Your local Citizens Advice Bureau www.nacab.org.uk will be able to help, however, don't panic. Get advice as soon as possible but remember, court orders do take time. Every pre-possession notice must give details of what you owe and allow you at least 15 days to remedy the problem.

 

from the same site

[beyondhope]

It also says this:

"A Hire Purchase company can only repossess the vehicle without a court order if you have paid less than one third of the total payments and the vehicle is parked on public ground. Therefore, to buy time in which you can come to a solution, move the vehicle to your drive or that of a friend!"

 

 

:-D If only I had chance to TUT

[beyondhope]

Under what circumstances can the hire purchase company repossess the car?

 

If you have fallen behind on as little as two repayments the finance company has the legal right to repossess the car. The general rule is that if you have fallen behind on your payments and you have paid less than one third of the total repayments you will be liable for repossession.

Parked on public ground

 

The hire purchase company can legally repossess your car only when it is parked on public land. The hire purchase company cannot repossess the vehicle if it is pared on your private property or the private property of a third party.

Will the hire purchase company repossess my car without notice?

 

The hire purchase company will not repossess your car without notice. They will issue with a pre-possession order which will give your 15 days notice before it is repossessed.

Can the hire purchase company take me to court over the repossession of the vehicle?

 

The only circumstance whereby the hire purchase company will be required to take you to court to regain possession of the vehicle is if you have made more than one third of the payments as they cannot legally simply repossess your vehicle

 

Read more: http://www.inbrief.co.uk/hire-purchase-agreement.htm#ixzz0n5sCS8MA

Theres the 15 days again??

[wannabedebtfreesoon]

Bless ya hun if we cant help and support each other there is little point there is power in numbers and between us we CAN make a difference. Will be thinking of you tomorrow, i think i may pop with anticipation tomorrow my nephew should be born and you are in court - what a day! xx

and not forgetting the General Election of course!!

[beyondhope]

and not forgetting the General Election of course!!

 

 

I cant take it all in Its far too exciting I vote CAGAddicts Anon to take over the whole government and all seats

[wannabedebtfreesoon]

I cant take it all in Its far too exciting I vote CAGAddicts Anon to take over the whole government and all seats

Got my vote!!

[wannabedebtfreesoon]

I can't find anything on pre possession orders. Maybe it says 15 days because the law says they have to give you 14 clear days??

 

Anyways, it's time for my sleeping now, got a busy day tomorrow

[beyondhope]

I can't find anything on pre possession orders. Maybe it says 15 days because the law says they have to give you 14 clear days??

 

Anyways, it's time for my sleeping now, got a busy day tomorrow

 

 

Goodness knows lol

Ive got pickled brains now only popped back on to say goodnight and good luck i will be waiting with baited breath!

Go get um girl!!!! xx