Car gone is it legal? Help please

[Blubata]

I have been involved in wrangle with private and commercial finance for the last month, regards a car i bought from them on HP two years ago. i wrote to them to terminate my agreement last month they then phoned me back to say i had lost the right to do this when they sent me a default notice beginning of the year. we have been arguing over this over the last few weeks. they phoned me two weeks ago and proposed that i pay them a reduced rate over four years, which would make the car 9 yrs old when i finished paying for it. they then sent me an agreement, and i phoned them back requesting what my rights were, under this new agreement, they said i had none and they were doing me a favour. suffice it to say that phonecall did not end well. two days later i received a letter from a debt collector saying they wanted to repossess the car, this was saturday, this morning at 0545hrs there was abailiff at my door demanding the keys to the car. he did not show me any documentation, court order or anything. he has taken the car away, what are my options, what do i do now? i wanted rid of the car, but the manner in which it has been done, leaves a very bad taste in my mouth, and they will be after me to pay the shortfall i am sure. i have trading standards visiting me today to look at the original contract.:?

[Guest Zooman]

If you fall behind with your payments on a Hire Purchase or Conditional Sale agreement, the creditor may be able to repossess the goods. Look at your agreement. There will be a box "Repossession: Your Rights" telling you how much you need to have paid to stop the creditor taking the goods back without a court order (or your consent).

 

This should be a third of the total amount payable under the agreement. If you have paid a third or more of the total amount payable, the goods become "protected goods" and the creditor must go to court for an order for the goods to be returned unless you consent to the repossession. They cannot just come round and remove them ("snatch them back").

 

WARNING: If you want to work out if you have paid a third or more remember to include any deposit or part exchange as well as the instalments that you have paid.

 

If a creditor "snatches back" goods without a court order and without your consent where a third or more has been paid, you are entitled to a refund of all the money you have paid under the agreement.

 

Also, even if you have not paid more than a third of the total amount payable under the agreement, the creditor will need an order from the court, or your consent, to remove the goods from "any premises" they are on.

 

"Any premises," is not defined but includes your garage or drive but not the roadside. If your car is parked on the road (and you have not paid a third) then it is at risk of being "snatched back".

 

The position of car parks is not clear (private but open to the public).

 

Q. have you paid more then 1/3 of the loan?

[ozzywizard]

Only a guess here, but if he handed the keys to them isnt that like giving permission to remove it regardless of were it is parked.

[Guest Zooman]

misrepresentation

[Blubata]

he already had the car attached to his van ready to tow off, and i have paid more than half the total of the agreement, which is why i had wanted to hand the car back. it was parked in the car park.

[Blubata]

Thanks for the advice so far

Just to add, local trading standards came yesterday and looked at all the paperwork that i have(not that theres much, given this companyd aversion to writing anthing down on paper), and initial impressions were that they had acted illegally, by taking the car without the proper court documents,and/or leaving me a copy of said documents. thye have asked me to sign a document authorising them to investigate the issue on my behalf. hope this means some clarity for me. Will keep you posted

[libbyb]

Ultimately, though, whether you have it investigated or not, will you get anything back? These people seem to have a different law than the rest of us. They produce an invoice, rightly or wrongly, and it seems to become 'legal'. You miss a payment and they charge excessive amounts for admin and calls relating to the missed payment. Is it any wonder nost of us feel it is hopeless - in most cases it is!

[Blubata]

Well, i did want rid of the car in the first place. they have taken it now, so thats done, what i dont want though is for them to start chasing me for a shortfall, i want this business to be over and done with. It will be a bonus if i get some money out of this whole sorry business.