Car repo Dunctons ****WON****

[rcl]

Hi

 

We took a car on hire purchase from Duncton No 1 in September 2008. The car was £10500, and we paid £2500 deposit.

 

We then put 12 months tax on the car and had a dog guard fitted.

 

The first payment of £350 didnt go thru as their bank lost the paperwork

 

The second payment didnt go thru as we only had enough money in the account for one payment and they tried to take 2 payments. Stupidly, we didnt make the payment manually

 

We flew off on holiday on 13th december 2008, Dunctons sent a termination notice to us on 12th december, which arrived when we were away. They then turned up and took the car on the back of a recovery vehicle, from our drive, also whilst we were on holiday

 

A friend of ours was watching the house, he is a policeman, reported the car as stolen for us and made some enquiries. he traced the car to the recovery firm, and consequently, rang us while we were on holiday to tell us what had happened

 

I rang Dunctons and offered to make payment by debit card of all the arrears, to which it was declined. i was told i would have to pay £16800 in order to get the vehicle back

 

I asked about my belongings (sat nav, tax, dog guard, hard hat, training workbooks, binoculars, kids car seat) and was told I have to go to Haydock to get them. I have subsequently been told there were no personal belongings in the car, despite the paperwork from the recovery co detailing bags, hard hat and car seat etc

 

Dunctons are now taking us to court, (my husband and I) for £8.5K The hearing is scheduled for June, fast track, unless we made an offer out of court now

 

However, on the paperwork, Dunctons are unable to find a copy of the agreement with both my husbands and my signature on it, only an agreement with mine on, so the case against my husband has been dropped and they are chasing me for the whole amount, despite the agreement being in both names

 

I dont remember receiving the defualt notice, however Dunctons have provided a copy of the one they sent

 

They did speak to my husband at work about the arrears, but never to me

 

Do I have any defence ?

[rcl]

Should also have mentioned the car has been sold at auction for £8800

 

Thanks

[rcl]

Hi

 

My husband and I entered in to a hire purchase agreement in September 2008 for a car

 

Their bank lost the paperwork for the first direct debit,

and we didnt have the money in the bank for the second payment.

 

 

they terminated the agreement and repossessed the car (80 days after we took delivery of the vehicle)

whilst we were out of the country (we hadnt received the termination notice before we went either)

 

Despite us offering to pay all arrears, they refused, sold the car, and then took us to court for £8.5K (all interest charges)

 

They have a copy of the consumer credit act agreement,

made out to me and hubby,

but only my signature on.

 

 

They acknowledge they dont have an agreement with both signatures on.

 

 

Therefore they have dropped the case against my husband and taking me to court for the whole amount

 

Can I do anything to defend this ?

[wannabedebtfreesoon]

Wow, your thread is very complicated! First I'd like to suggest you get it moved to the Legal Issues Forum, I think you'd get a lot more help over there

[wannabedebtfreesoon]

There are a lot of issues here; this happened in 2008 and they're only just taking legal action now?? Have any court proceedings taken place so far?? I see you've mentioned it's fast track, so did you file a defence and have an allocation hearing?? You received a termination notice but not a default? This in itself is not necessarily something they can't do, but it may a good point to argue at court.

The agreement is also in question, I don't understand how they can find a signed agreement with your name on but not your husband's when it was a joint agreement with both your names on Something very fishy here

 

Now the point that I am most familiar with is the part where you say they took it off your drive. According to section 92 of the Consumer Credit Act 1974, the creditor is not entitled to enter any premises to retake possession of goods without a court order. Did they have a court order?? I'm glad to see you had a witness

It's possible you may well have a defence in respect of unlawful repossession, amongst other things, but as I say this is a very complicated thread with lots of issues.

Do you have anything in writing from the auction or repo agents about your possessions in the car??

[rcl]

HI

 

Yes, the car was repo'd in December 2008, and is scheduled for trial in June 2010. Initially it was against both me and my husband, now it is just against me.

 

Ive filed a defence which reads:-

 

1. The defendants admit that they signed the document refered to in the particularsof claim

 

2. The defendants deny the document constitutes a valid agreement enforceable by the claimant

 

3. The document purports to be an agreement redulated by the CCA and governed by the CCR 1983

 

4. The document was not properly executed contrary to Section 61 (1) of the act in that the document was not signed by the claimant contrary to section 61 (1) (a) therefore the agreement could only be enforced by order of the court

 

5. In breach of section 65 (a) of the act, the claimant sought to enforce the agreement without an order of the court and repossed the vehicle referred to in the particulars of the claim

 

6. If the claimant were entitled to enforece the agreement without an order of the court, the agreement was not enforceable by the claimant in that contrary to section 87 (1) of the act, the claimant failed to serve on the defendant a default notice. In the alternative contrary to section 88 of the act and regulation 2 (5) of the regs the statement in the default notice which are required to be in a form specified in a schedule to the regs were not afforded more prominence than other lettering in the notice and where words were shown in capital letters and underlined in the schedule to the regs, they were not afforded even more prominence in the default notice

 

7. Further and or in the alternative the defendants submit that despite the fact the claimants were not entitled to enfore the agreement the claimant repossessed the vehicle refered to in the particulars of claim prom premises belonging to the defendant without the defendants consent in breach of section 92 (1) of the act

 

8. By reason of the above breaches of the act and the regulations the claimant is not entitled to the sum claimed

 

 

 

The response was that they acknowledge they have a signed agreement with just my signature on it, so the claim is now against just me, not me and my husband.

 

Nothing at all in writing from the auction or the repo agents

 

Dunctons have submitted a list of correspondance made to us. They made phone calls to my husband x 3, and sent out a defualt notice to us, and then a temination notice which was not received as we were not in the country.

 

I am about to submit documents to the court and dunctons which i will use as my defence, these include a holiday invoice to proove i wasnt in the country, evidence of personal belongings in the car, but other than that i am not sure what else to do, apart from a witness statement from my husband saying he dealt with dunctons and i wasnt aware we had missed 2 payments

 

 

 

As far as I can make out, I did miss 2 payments and I should have checked the bank to see if payments had gone out However, they breached the agreement

Section 61 (1) agreement not executed properly

Section 65 (1) repossessed incorrectly

Section 87 (1) default notice didnt have prominent lettering

Section 92 (1) trespass on privae property to take vehicle

 

Also breached Section 10 Financial Services regs 2004 as they didnt give me 14 days notice to cancel (distance selling regs )

 

im out of my depth, and dont know what to do from here

[wannabedebtfreesoon]

Please may we get this thread moved to legal issues please??

[MARTIN3030]

Ok done.

[MARTIN3030]

Some more reading here;

1. Duncton No1 taking me to court - The Consumer Forum
   

Edited May 9, 2010 by MARTIN3030

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/legal-issues/254319-potential-car-repossesion-duncton.html

[wannabedebtfreesoon]

HI

 

Yes, the car was repo'd in December 2008, and is scheduled for trial in June 2010. Initially it was against both me and my husband, now it is just against me.

 

Ive filed a defence which reads:-

 

1. The defendants admit that they signed the document refered to in the particularsof claim

 

2. The defendants deny the document constitutes a valid agreement enforceable by the claimant

 

3. The document purports to be an agreement redulated by the CCA and governed by the CCR 1983

 

4. The document was not properly executed contrary to Section 61 (1) of the act in that the document was not signed by the claimant contrary to section 61 (1) (a) therefore the agreement could only be enforced by order of the court

 

5. In breach of section 65 (a) of the act, the claimant sought to enforce the agreement without an order of the court and repossed the vehicle referred to in the particulars of the claim

 

6. If the claimant were entitled to enforece the agreement without an order of the court, the agreement was not enforceable by the claimant in that contrary to section 87 (1) of the act, the claimant failed to serve on the defendant a default notice. In the alternative contrary to section 88 of the act and regulation 2 (5) of the regs the statement in the default notice which are required to be in a form specified in a schedule to the regs were not afforded more prominence than other lettering in the notice and where words were shown in capital letters and underlined in the schedule to the regs, they were not afforded even more prominence in the default notice

 

7. Further and or in the alternative the defendants submit that despite the fact the claimants were not entitled to enfore the agreement the claimant repossessed the vehicle refered to in the particulars of claim prom premises belonging to the defendant without the defendants consent in breach of section 92 (1) of the act

 

8. By reason of the above breaches of the act and the regulations the claimant is not entitled to the sum claimed

 

 

 

The response was that they acknowledge they have a signed agreement with just my signature on it, so the claim is now against just me, not me and my husband.

 

Nothing at all in writing from the auction or the repo agents

 

Dunctons have submitted a list of correspondance made to us. They made phone calls to my husband x 3, and sent out a defualt notice to us, and then a temination notice which was not received as we were not in the country.

 

I am about to submit documents to the court and dunctons which i will use as my defence, these include a holiday invoice to proove i wasnt in the country, evidence of personal belongings in the car, but other than that i am not sure what else to do, apart from a witness statement from my husband saying he dealt with dunctons and i wasnt aware we had missed 2 payments

 

 

 

As far as I can make out, I did miss 2 payments and I should have checked the bank to see if payments had gone out However, they breached the agreement

Section 61 (1) agreement not executed properly

Section 65 (1) repossessed incorrectly

Section 87 (1) default notice didnt have prominent lettering

Section 92 (1) trespass on privae property to take vehicle

 

Also breached Section 10 Financial Services regs 2004 as they didnt give me 14 days notice to cancel (distance selling regs )

 

im out of my depth, and dont know what to do from here

You know what? I think you have done an absolutely brilliant job so far

The points you have raised in your defence are very valid, you've obviously put in a lot of hard work.

 

So, your defence is filed and you have a hearing date. I hope somebody else can come along to confirm, but have they sent you a copy of the agreement? If not have you requested a copy of the agreement using the CPR 31.14 Request? I see you must have a copy of it in order to know it wasn't signed by them, but have they shown you what they've got???

I can't get my head round them having an agreement with just your name on when it was a joint agreement

[wannabedebtfreesoon]

You're in the right place for help now

I know that they can't take it off your drive without a court order, and if they do it's a breach of statutory duty. Have they sent any copies of court orders in the disclosure?? Has there been any disclosure??

[rcl]

I dont have a court date yet, but defence has been filed

 

I do have a copy of the agreement. it has been signed by me, and them. the space where husbands signature should be is blank

 

There was never a court order made for the repossession. They claim a business was run from the property, so they could take it. Ive challenged them on this, and denied any business has been run from the property, and they said the burden of proof is on me. All I can do is offer a photograph of the front of my house, which is just a normal 3 bed detached house

 

They have disclosed which documents they are relying on, some of which i dont have copies, so i have sent a letter today asking for relevnt copies

 

I also suggested a date of 31st May to exchange witness statements, as this has still not been done. The only statement I am going to have is mine, and my husbands. I will claim that all communication made by telepone was done ith him, and he didnt tell me about it, which he will confirm.

 

Also I will state I never received the defualt notice, although they have a copy of the one they supposidly sent, and the termination notice arrived when i was out of the country, and a copy of the holiday booking can confirm this

 

am i missing anything >

[rcl]

Thankyou for posting the relevant links too Martin x

[rcl]

can anyone please please help x

[wannabedebtfreesoon]

Sorry to ask to have this thread moved again but we now have a new Vehicle Repossessions Forum

[wannabedebtfreesoon]

can anyone please please help x

What is it you need help with?

[rcl]

Hi

 

I am in court in July as the defendant, as Dunctons took my car, sold it, and are now chasing me for interest for nearly £9K. I have a couple of questions, and would be really grateful if someone could clarify this for me. (Less than 1/3rd was paid on the agreement)

 

1. There were 2 defendants, me and my husband. They now acknowledge they dont have my husbands signature on the CCA agreement and have dropped the case against him, and are proceeding against me alone. Their communication list shows they only ever spoke to my husband with regard to arrears. Will this help me ?

 

2. The termination notice arrived whilst I was on holiday. Ive provided a holiday invoice as evidence. Will this help ?

 

3. the car was then taken from my driveway whilst I was on holiday. (7 days after the termnation notice was sent) The entry on their communications list shows that it was taken from my driveway, which I have shown as evidence. However on their same communications list, they have removed the entry to show it was taken from a driveway. Are they allowed to take it from my drive while I am not there ?

 

4. My possessions were in the car. The repo note shows personal possessions in the car, and their communication list shows i made a call about my belongings 3 days after they took the car but my stuff hs never been returned

 

Thanks in advance for any assistance you may be able to give me

[wannabedebtfreesoon]

Do you have written proof that the car was taken from your driveway and that there were possessions in the car??

[rcl]

HI wannabe

 

Yes, on Dunctons own cummunications list it states '18/12/08 Jim from peak collections advises car is on driveway.... curtains closed, looks like the owners are on holiday'

In their witness statement they say 'car was repossessed on 18/12/08, no keys)

I have submitted a holiday invoice from virgin holidays showing I was on holiday from13th december until 4th january.

The repo collection note shows there was belongings in the vehicle

Dunctons communiations list shows I made a call to them on 22nd december about the possessions in my car

Dunctons communications list shows that they e mailed peak collections regarding th goods in my car

A letter from Dunctons to me dated 9th January states my belongings are at Peak Collections in Haydock if I would like to go and collect them

 

thanks for your assistance x

[wannabedebtfreesoon]

I think it would be a good idea if you continue on your first thread so we can all see the whole picture

I'm very confused at how they have dropped the case against your partner because a signature is missing, I'm sure that if there is no signature then the entire agreement is improperly executed!!!

[rcl]

I hope your right !

 

There was a space in the original agreement for us both to sign, however, husband didnt. therefore, they have dropped the case against him, and continued against me alone.

 

Will post on my original thread thanks x

 

I was reading your thread this morning with interest. you certainly have your wits about you Good Luck - although you wont need it !

[rcl]

1. There were 2 defendants, me and my husband. They now acknowledge they dont have my husbands signature on the CCA agreement and have dropped the case against him, and are proceeding against me alone. Their communication list shows they only ever spoke to my husband with regard to arrears. Will this help me ?

 

2. The termination notice arrived whilst I was on holiday. Ive provided a holiday invoice as evidence. Will this help ?

 

3. the car was then taken from my driveway whilst I was on holiday. (7 days after the termnation notice was sent) The entry on their communications list shows that it was taken from my driveway, which I have shown as evidence. However on their same communications list, they have removed the entry to show it was taken from a driveway. Are they allowed to take it from my drive while I am not there ?

 

4. My possessions were in the car. The repo note shows personal possessions in the car, and their communication list shows i made a call about my belongings 3 days after they took the car but my stuff hs never been returned

 

Thanks in advance for any assistance you may be able to give me x

[beyondhope]

Have requested site team to merge both your threads make it easier to follow and offer advice

[maroondevo52]

Two threads merged.