Mercedes Benz reposession

[dave1509]

Hi Emancole

 

I paid less than a third, the car was removed from a friends house where I was staying on a private driveway in the early hours of the morning, no itinerary done, no note through the door and no prior notification (they may have sent something to my old address but of course the repo people knew I wasnt there)

 

Car bought for 44k

They want 29k from me

I paid approx 7k before defaulting and losing my job

[emandcole]

Ok, this isn't my best area but I do know that the repo can only be done without a court order when the vehicle has had lesss than a third paid and when its on public ground. If it was on a private drive they would have needed a court order to remove it from there. The problem is they'll say it was on the road and you'll argue otherwise.

 

You should definitely have had some kind of pre-possession letter and if they sent that to a wrong address and you can show (perhaps with earlier letters to your actual address for example) that they sent it to the wrong address knowing you weren't there I think that would make a huge difference.

 

If they've refused to provide docs to you you've got to ask and wonder why. Maybe they're aware that earlier letters were sent to the right address and are hoping you don't ask to see the letter sent out warning you of the repo intention that went to wrong address.

 

I'd suggest looking over the paperwork you have to see if you can prove they had your correct address, a letter from them dated before the repo happened with the correct address would be extremely valuable and provide you with the basis for good argument.

[emandcole]

Just found this on another thread - have no idea if it's of use to you but would suggest searching for it and having a read...you never know.

 

Chartered Trust vs Pritcher - deals with repo and what is "informed consent" if the notice is bad then informed consent is not given.

[dave1509]

Thanks Emandcole

 

I have had no notification of them knowing my new address. I can provide 5 witnesses that will state my car was on a private driveway (the people who i share a house with and my partner who was staying the night)

 

What recourse do I have - Do I need to go to court? - Is this a seperate issue to how much I owe (or what the final settlement would be) to MB finance

In other words - will this have any baring on how much my liability is or would be with MB finance (as they used a recovery company)

 

Thanks

[emandcole]

Thats a shame. As I wrote earlier this isn't my area but feel any number of witnesses may be unimportant, they'll just deny it even if you went that way and perhaps introduce their own witnesses - it'll just descend into a bun fight - the court probably siding with the claimant. Just my guess.

 

As for the figures and sums claimed I guess they would have a duty to have disposed of the vehicle responsibly and to have obtained a sum of money that the car was worth. I'd be very interested to find out who the car was sold to - eg that one of their directors isn't driving around in it now having got a cheap deal on it...yes it does happen more than people realise.

 

I can think of a great cagger who may be able to offer better insight into this having beaten claimants in the past - I'll PM them and see if they'd be ok dropping by. Really not sure about the law behind the figures they are claiming, the T&C's of the original agreement should be a good place to start - all of this I'm sure you've already looked at

[dave1509]

Thanks Em

 

really appreciate your help

[FightToTheEnd]

I was under the impression that the thirds and halves rules etc do not apply to unregulated agreements....??

[dave1509]

Hi All

 

Any updates on this?

 

Just wanted some advice on next steps

 

Cheers

[emandcole]

Sent a PM but it may be that they feel they cannot help if they've not responded on the thread

 

Perhaps best to focus on the nature of the repo and ensure they provide all of the documents along with proof of postage. If they're being difficult you need to let the court know so that they are forced to provide them to you.

[dave1509]

Cheers Emandcole

 

I will write again to them

[sequenci]

I was under the impression that the thirds and halves rules etc do not apply to unregulated agreements....??

 

That is true.

 

I've come to this late, can anyone tell me when this agreement was taken out?

 

The financial limits for regulated agreements were removed on the 6th April 2008.