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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Hire Purchase - Arrears (Repo)

andrewquinn

By andrewquinn
in Debt Collection Agencies

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andrewquinn

andrewquinn

Posted
Posted

In April 2009 I took out a finance agreement to pay for a car which was sold for use as a private hire taxi.

 

The initial finance I took out was £11,159.38 (Plus £500 deposit paid on commencement of the agreement). I have made payments amounting to £3875.19 excluding the £500.00 deposit. During the agreement I have incurred additional chagres on the agreement of £92.00 (for letters, telephone calls, etc).

 

Am I right in thinking my car is protected because I have paid over 1/3 of the finance.

 

In May 2009 the car was involved in a none fault accident and was off the road till September 2009. During that time I had to hire another vehicle because it was for use as a taxi and I was unable to pay for both the hire car and the finance on this agreement. I paid off quite a bit of the arrears but £856.00 is still outstanding.

 

I have receieved a letter today stating if the full payment of £856.00 is not paid into their office in CASH by the end of business of 19th April 2010 they are going to repo the car on 20th April 2010.

 

I have been served no official default notice. The reason for the arrears not being paid up to date is because my solicitor is still trying to sort the uninsured losses from the accident in May '09. Once that claim is settled all arrears will be cleared and will continue with the agreement as before.

 

Does it affect my legal standing if the car is parked on the public highway rather than on a driveway? Surely they cant just repo the car if its classed as a "protected" item?

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Jasper1965

Jasper1965

Posted
Posted

As you've paid over a third they cannot repo without a Court order unless they are prepared to suffer the consequences. CAVEAT Assuming it's an HP agreement and the vehicle is 'protected goods'.

 

It does make a difference whether it's repoed from the road or your property but any such repo would be intrinsically unlawful for a number of reasons anyway.- No power to enter your property without a Court Order regardless of how much paid.

 

If they keep to their threat, you fail to pay and they repo as threatened you would be looking at a straightforward unlawful recission of the agreement, unlawful repossession etc. The arrears would be forfeit (no DN) and:- they would owe you in the least all monies you've paid under the agreement. (This is clearly set out in the CCA 1974).

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Ell-enn

Ell-enn

Posted
Posted

Hi, who is the Finance Company? is this and HP agreeement?

 

You need to put your case in writing to them explaining you are awaiting settlement of the insurance claim and advising them you know your rights regarding repossession. If you need help with the letter let me know and I'll happily draft one for you.

 

Ell

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andrewquinn

andrewquinn

Posted
  • Author
Posted

The finance company is called Tracegreen Finance limited based in Liverpool. Yes it is a HP agreement. I have tried speaking to the company about the situation I am in over the car but they don't seem to care. This car is used as a taxi and is my livelyhood.

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cab1ne

cab1ne

Posted
Posted
The finance company is called Tracegreen Finance limited based in Liverpool. Yes it is a HP agreement. I have tried speaking to the company about the situation I am in over the car but they don't seem to care. This car is used as a taxi and is my livelyhood.

 

hi andrew and sorry to hear of your problem.

 

are you back up and running,

have you resumed your normal payments,

are you a sole trader,

are you licenced by your local council,

 

sorry for the questions, just need a bit of background.

 

cab

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andrewquinn

andrewquinn

Posted
  • Author
Posted

The car has also had a number of faults and have paid out quite a bit of money getting these fixed. I last made a payment a couple of weeks ago for £200.00 but having to get more work on the car done. It's not good enough really because it's only done 13k miles since I got the car a year ago because of it's time off the road.

 

Yes I'm licensed and the car is licensed by Sefton council.

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cab1ne

cab1ne

Posted
Posted (edited)
The car has also had a number of faults and have paid out quite a bit of money getting these fixed. I last made a payment a couple of weeks ago for £200.00 but having to get more work on the car done. It's not good enough really because it's only done 13k miles since I got the car a year ago because of it's time off the road.

 

what company did you purchase it from (ie: cab direct)

do you have warranty or extended warranty

do you have GAP insurance,:rolleyes:

 

Yes I'm licensed and the car is licensed by Sefton council. county or district

 

"ok"

 

bottom line "they won't give a stuff" about your problems, they will only be interested in giving you sh*t, so with you being private hire, you dont use the taxi ranks like us hackney drivers, (they will lift it anywhere in the public domain). even thou you have paid over the 1/3rd, they will probably still try and lift it, is your drive totally private and fenced off or is it open.

 

cab

Edited by cab1ne
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Ell-enn

Ell-enn

Posted
Posted

There's no point talking to those kind of people on the phone. You need to put it in writing (by recorded delivery) so they know that you are aware they need a court order to take the car. If they do apply to the court we can help you defend and no judge will give them the car if you can prove you are able to make payments going forward. The letter will also help prove you have tried to come to an arrangement with them.

 

I have affixed a draft letter you can alter if you need to, send by recorded delivery and keep a copy of the letter for your records (in case we need it). Also keep the recorded delivery receipt safe so you can check on the royal mail website a few days later to print off the signature receipt. Keep both in a safe place.

 

If they send anyone for the car DO NOT give them the keys - they have no power to take the car. The only person who can repossess your vehicle now is a court bailiff with a warrant in his hand!

Andrewquinn letter.doc

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andrewquinn

andrewquinn

Posted
  • Author
Posted

No I've never had a business acct. I don't have a drive but I have access to an open drive if it makes any difference. No I've never had a business account and I work for delta taxis (hire a radio) they are the biggest private hire firm in Europe.

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cab1ne

cab1ne

Posted
Posted
No I've never had a business acct. I don't have a drive but I have access to an open drive if it makes any difference. No I've never had a business account and I work for delta taxis (hire a radio) they are the biggest private hire firm in Europe.

 

ell-enns letter above is a good response to get them going into a frenzy;)

 

so you are an owner/driver (sub contracting), you supply your own tools and they find the work for you, as ell-enn says, they have no legal right to come anywhere near you, they need a court order and to get a court order they need a compliant default notice first. (sounds like the usual scare tac-tics to me). it might be worth you getting a time order aswell. that way it is a judge that will decide what can be done, and if you offer the judge a very reasonable explination, they don't usually refuse,

 

has the guilty party to the accident admitted liabilty.

 

cab

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cab1ne

cab1ne

Posted
Posted
I purchased the car from mannings with no warrenty and no gap insurance.

 

I am licenced by the county council

 

are the finance company fully aware that the vehicle you bought is for the purpose of a taxi.

 

cab

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andrewquinn

andrewquinn

Posted
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Yes they are aware it was bought for use as a PH taxi. Yes liabily was accepted by third party was a simple rear ender. Godddd is it nationwide knowledge about the murder with delta and the city hacks? It's died down a bit now but they still hate us and the occasional bit of murder haha.

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cab1ne

cab1ne

Posted
Posted
Yes they are aware it was bought for use as a PH taxi. Yes liabily was accepted by third party was a simple rear ender. Godddd is it nationwide knowledge about the murder with delta and the city hacks? It's died down a bit now but they still hate us and the occasional bit of murder haha.

 

being a cabbie myself it just becomes a second nature:D

"well" its looking pretty good for you actually, your car is protected, you have proof of the accident, you have a solicitor on the job,

 

have you made any offers to the finance company,

have they refused any offers,

have you tried to negotiate anything,

can you scan the letter up (removing personal details).

 

cab

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andrewquinn

andrewquinn

Posted
  • Author
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I used to be on the city hacks myself but got bored of sitting on ranks so I was a traitor and went in for me Sefton badge. I can make on a Monday night on delta what I made on the city hacks from Sunday - wednesday. We are doing bout 300,000 jobs a week now.

 

Will scan letter tomorrow when I'm home.

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Ell-enn

Ell-enn

Posted
Posted

You need to make them an offer you can afford - in writing. If they do take it to court the judge will almost certainly allow you to keep the vehicle given that it is your livelihood and you have offered to pay.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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cab1ne

cab1ne

Posted
Posted
I used to be on the city hacks myself but got bored of sitting on ranks so I was a traitor and went in for me Sefton badge. I can make on a Monday night on delta what I made on the city hacks from Sunday - wednesday. We are doing bout 300,000 jobs a week now.

 

Will scan letter tomorrow when I'm home. thanks

 

how many:eek:

thats the trouble with hacks at city level (a rank that takes 20 cars but 300 want to use it all at the same time).

 

cab

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