Mercedes Benz reposession

[dave1509]

Thanks Wannabe - I will keep you updated when they reply

 

Thanks in advance for your help

 

Really very much appreciated

[wannabedebtfreesoon]

You say the agreement was taken out in feb/march. Do you know exactly when it was taken out??

It seems that the removal of financial limits amendment didn't come into force until 6th April 2008, there are others on cag in the same situation as yourself due to the unregulation aspect.

We'll wait for the sar and then trawl through to see if there is anything we can do

 

I'm sure they must've had to send you some kind of warning before this happened.

[dave1509]

I think the agreement was taken out around 10th March 2008

 

I had numerous v-mail messages and emails from the agents acting on their behalf, stating they will report the car as stolen and cat 6 fraud (emails going back from August 2009 and v mails from June 2009)

 

They were asking also when they could pick the car up (indicating that they did not have my current address)

 

No notice to my current address was sent (where the car was taken from)

 

MB Finance did not have my current address either until I told them it when the car was taken

 

They still did not take a record of it and I had to tell them my new address again yesterday!

[bierespeciale]

Sorry wannabe debt free soon, clearly you have got the wrong end of the stick. I am no way associated with any company, i am in no fear of my employment. As i understood it, this website is here to promote help, sorry to be blunt , albeit realistic. MB unregulated default notices give 7 days to clear payment , after which they have repo rights. I can see what defence dave1509 has as he is open he has broken the credit agreement terms and still hasnt stated hi expectations.Again apologies for being blunt- we are talking about debt here and unfortunately this stresses people out. Anyway MB have got there car back, so surely if you want to pay the best thing to fddo would be to negotitate?

[emandcole]

I will request a copy

 

They took the car from my friends private driveway where I was staying

 

in the early hours of the morning

 

No notice to my current address was sent (where the car was taken from)

 

 

Hi Dave, can you clarify where the car was taken from? You have conflicting posts

[dave1509]

Hi Emancole

 

My friends private driveway - where I was living (my current address)

[emandcole]

Ah .

 

Think you may be in a spot of bother with this particular agreement but def wait and see what you get back from your SAR.

 

Important MB issued the right notifications to you and also important they sold the car on at a value that was reasonable, if they essentially 'gave it away' you'd have grounds to dispute what they are now demanding from you was reasonable.

 

Lets see what you get back first eh but stay positive

[bierespeciale]

You may find the following link helpful-

 

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 reposess 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.
   
5. I have had a change in circumstances and do not need the vehicle. What shall I do?
   The rules and regulations regarding handing back your vehicle depend on how long you have had the car for.
    
   The general rule is that if you have paid more than half of the total amount outstanding then just give the vehicle back and there can be no legal comeback for you or your family.
    
   Always read the terms and conditions of the hire purchase agreement as we have noticed they can somewhat vary.
    
   Always read the small print. Remember theses contracts are drawn up by clever and cunning solicitors who want to make it as difficult as possible for you to cancel the finance contact.
   
6. I have only had the car for 3 weeks and I have just lost my job, What can I do?
   You may be forced to pay expensive early redemption penalies if you want to hand the vehicle back. This amount can vary but the general pattern of what you are made to pay is difference between the payments already made and half the original price of the goods. In addition there may be various administration fees to pay.
   

[bierespeciale]

PLEASE NOTE IT SEEMS NOTE MANY PEOPLE ON HERE REALISE THIS- THE ABOVE WEBVSITE REFERS TO CONTRACTS GOVERNED BY THE CCA (CONSUMER CREDIT ACT) IF YOU AGREEMENT IS UNREGULATED (VEHICLES OVER £25k) THEN IT IS NOT GOVERNED BY THIS ACT SO REPOSSESSION CAN TAKE PLACE WITHIN 7 DAYS AFTER A DEFAULT/PRE TERMINATION NOTICE HAS BEEN SENT.

[bierespeciale]

if you want the ipod back or any other belongings you need to ring 0871 230 6670

(jet logistics)

[emandcole]

1. How can I reduce the risk of repossession?
   Please note that they cannot reposess 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.

Helpful, thanks for the post. MB may well have issued correct paperwork before instructing repossession (we'll find that out) however the taking of the vehicle from a driveway is a problem MB will have to account for as your info above highlights.

 

Hang tight Dave, once you get the info you need you'll be in a position to make a complaint where one exists and see how MB account for their actions. I suspect MB will maintain plausible deniability having instructed a third party to repo the car.

 

Could be interesting.

[beachcomber60]

Dave - Be aware that not every cagger is genuine

 

Make sure you dont post anything that will identify you.

 

Bierespeciale - You say you arent employed/connected to the 'industry' yet you seem very defensive with such comments as 'you had use of the car' 'you breached the agreement' 'negotiate with the solicitors - I have found them to be reasonable people'.

 

I notice that you have made similar 'ramblings' on another MB thread, incidently I noticed that you referred to a poster by MY user name - I have never posted on that thread - perhaps you could explain?

 

The alarms bells started ringing with your comment 'If you want your iPod back ring Jet Logistics on .........' Where did that one come from? Theres been no mention of Jet Logistics!

 

Who exactly do you work for?

 

MB Finance?

Anglia Collections?

Jet Logistics?

Blake Lapthorne?

 

As I said Dave - be aware

[dave1509]

Letter removed!

[dave1509]

And found some documentation which says NOT REGULATED

 

Not had SAR stuff back yet but does this shed any new light?

Edited July 28, 2010 by dave1509

[dave1509]

Hey - Any thoughts on that?

[rcl]

You will find that this is an unregulated agreement, so wont be 'protected' by the CCA 1974, also the DN falls under 'Contract Law' so again doesn't have to follow a 'Prescribed Format' or a set period to 'Remedy'.

 

How do I know? - Because I & another cagger are in exactly the same position with the same finance company. I bought my MB shortly before the 'Unregulated' limit was changed & that was 2008.

 

They will send you all details if you make a SAR & enclose a £10 'fee'. Make sure you ask for full details of where & when the car was auctioned to make sure they got the best price possible (mine was auctioned off below the 'reserve' price).

 

If you dont make a 'suitable' offer to repay the balance they will issue a Court Claim for the balance.

 

Sorry to be the bearer of bad news but as I've already said I'm in exactly the same position as you & have received a court claim - I bet its even the same Solicitors?

 

 

If it isnt regulated by the CCA, then it looks like beachcomber might be the best person to help you with this.

 

Sorry I am out of my depth with this, as I only know about regulated agreements

[rcl]

http://www.consumeractiongroup.co.uk/forum/legal-issues/212189-help-now-court-claim.html

 

beachcombers thread

[wannabedebtfreesoon]

It is a tough one with unregulated agreements but I'm sure there must still be some basic courtesies that must be adhered to. I'd wait until you get your SAR back for a clearer picture on the whole thing.

 

I agree with rcl, have a read of the other threads that are in the same situation as yourself you may find something to help there.

[dave1509]

Ok

 

Will get the SAR stuff on when I get it

 

Cheers fellas

[dave1509]

Hi All

 

Got a leter this morning from Solicitors representing MB finance:

 

'We confirm that we do hold personal information relating to you and specifically to the agreement you entered int with our client

 

However we are not required to disclose that data to you.

We refer you to the provisions of Schedule 7 para 10 of the data protection act 1998 which states

 

"Personal data are exempt from the subject information provisions if the data consist of information respect of which a claim to legal professional privilege could be maintained in legal proceedings

 

In addition we refer you to section 42 of the freedom of information act 2000 which states;

 

"Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of commnications could be maintained in legal proceedings is exempt information"

 

The data which you requested is subject to the legal professional privige which is defined as 'Communications between lawyers and their clients for the purpose of obtaining legal advice, or documents creaed by or for lawyers for the "dominant (main) purpose of litigation

 

We therefore decline your request and enclose your payment of £10"

 

So....what's next?

[the_maverick]

Why would they not want to provide you with the info if it is a open and shut case? Sounds an odd response unless they are trying to hide something.

 

Watching with interest as I will be in the same boat very soon I guess!!

[Calb0b]

Hi All

 

Got a leter this morning from Solicitors representing MB finance:

 

'We confirm that we do hold personal information relating to you and specifically to the agreement you entered int with our client

 

However we are not required to disclose that data to you.

We refer you to the provisions of Schedule 7 para 10 of the data protection act 1998 which states

 

"Personal data are exempt from the subject information provisions if the data consist of information respect of which a claim to legal professional privilege could be maintained in legal proceedings

 

In addition we refer you to section 42 of the freedom of information act 2000 which states;

 

"Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of commnications could be maintained in legal proceedings is exempt information"

 

The data which you requested is subject to the legal professional privige which is defined as 'Communications between lawyers and their clients for the purpose of obtaining legal advice, or documents creaed by or for lawyers for the "dominant (main) purpose of litigation

 

We therefore decline your request and enclose your payment of £10"

 

So....what's next?

 

Wait till wannabe see this

[rcl]

Wait till wannabe see this

 

I thought that lol

 

she will wipe the floor with them

[beyondhope]

subbing

 

OMG are they serious they wont give you a SAR?!?! They will have to provide the information should they choose to use it in court at some point anyway so why the intimidation!

[wannabedebtfreesoon]

Hi All

 

Got a leter this morning from Solicitors representing MB finance:

 

'We confirm that we do hold personal information relating to you and specifically to the agreement you entered int with our client

 

However we are not required to disclose that data to you.

We refer you to the provisions of Schedule 7 para 10 of the data protection act 1998 which states

 

"Personal data are exempt from the subject information provisions if the data consist of information respect of which a claim to legal professional privilege could be maintained in legal proceedings

 

In addition we refer you to section 42 of the freedom of information act 2000 which states;

 

"Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of commnications could be maintained in legal proceedings is exempt information"

 

The data which you requested is subject to the legal professional privige which is defined as 'Communications between lawyers and their clients for the purpose of obtaining legal advice, or documents creaed by or for lawyers for the "dominant (main) purpose of litigation

 

We therefore decline your request and enclose your payment of £10"

 

So....what's next?

And what exactly are they hoping to achieve with this??? Do they think we're all a bunch of incompetent fools or something??!

 

I just don't see the purpose in trying to keep your own documents from you!

 

Ok fine, they don't wanna comply with your subject access request?

 

They won't have the same privilege with a CPR 31.16 request or a Freedom of Information request. There is more than one way to skin a cat

 

This is what annoys the Bleedin Hell out of me! Lenders thinking that we are just lowly consumers who haven't got a clue about the rights we are entitled to and send out this crap with the intention of putting the frighteners on and confusing us into buggaring off!

 

NOT NO MORE

 

Well done Mercedes, you're doing a grand job of showing us all how different you are to Welcome Finance!