Mercedes Benz reposession

[wannabedebtfreesoon]

Hello and welcome

Was this a regulated hire purchase agreement??

[wannabedebtfreesoon]

Do you have a copy of the original agreement? If it says Regulated by the Consumer Credit Act 1974 at the top then will be covered by the protection of the Act and there will be certain protocol they will have needed to follow first.

[wannabedebtfreesoon]

There are always options

First really need to know about the agreement, different rules apply for different agreements.

[wannabedebtfreesoon]

Don't worry if you can't find it, you can always request a copy from them

P.S. Where did they take the car from??

[wannabedebtfreesoon]

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

oooooooooooooooooooh!! :grin:

 

The only people that can come on to enter any premises to retake goods would be county court bailiffs acting on a warrant of execution. Do you know who took it??

[wannabedebtfreesoon]

you need to start gathering evidence. A copy of the agreement is a start, plus default notice, termination notice, and a copy of the court order (which I doubt exists)

 

send a subject access request to them, then sit and wait for the documents.

 

When they come, scan them in to photo bucket, blank out your personal details and then someone with loads more knowledge than me, will help you

Totally agree The only thing I would say would be to send the Subject Access Request first as we still don't know if it was a regulated agreement. You'd only be able to request a copy under section 77/78 of the Act if it was a regulated agreement.

 

Do you have any documents at all relating to this??

 

Still definitely send off the sar though, you need to know exactly what happened.

[wannabedebtfreesoon]

I have a letter from solicitors acting on their behalf - how do I get that to you (PDF)

Have a google, there are loads of websites that offer a free conversion of a doc to PDF

 

Plus - how do I do a SAR?

There are template letters in the cag library. You'll need to send a £10 postal order with it too.

[wannabedebtfreesoon]

What are you expecting from the finance provider exactly? you cant get the car back as its been resold, you didnt pay on time and MB agreements stipulate in their t and cs that any change of address must be notified to them, it must have been an uregulated agreement as they would not have repossessed it without a court order otherwise. You wont get the debt written off if thats what you are expecting, what can you offer in defence to request this? your best bet is to negotiate with the solicitors , (I have found them to be reasaonable people, ) or take the hit with your credit file legal action etc.

More bullying!! Do you really think you are giving any credit to your company?? Now you look even more like a bunch of thugs and certainly nowhere near "reasonable people".

P.S. That's the correct spelling of "reasonable" for future reference.

 

If I were you I'd be fearing for my job right now, wouldn't it be terrible if you lost your income and you couldn't pay your bills???

 

Actually, it's more likely to be a regulated agreement, considering it was taken out AFTER 6th April 2007, rather than unregulated.

P.S. That's the correct spelling of "unregulated" for future reference.

[wannabedebtfreesoon]

Good morning

Firstly my apologies for my pedantic and angry outburst on your thread last night

I will endeavour to behave myself from now on

 

A PCP?? Unless I'm mistaken, a PCP is classed as Conditional Sale and is therefore afforded the protection of the Consumer Credit Act

 

So let's get to it!

Do you have any correspondence from them from your old address since you moved??

[wannabedebtfreesoon]

Excellent! I wait with baited breath

Special Brew has only increased my determination to fight harder against unscrupulous lenders, so it looks like his efforts have backfired

[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.

[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.

[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!

[wannabedebtfreesoon]

If they refuse to comply with a SAR or Freedom of Information request you can complain to the Information Commissioner who can employ their enforcement powers for compliance.

 

However, a CPR request is irrefutable

[wannabedebtfreesoon]

Dear Sirs

 

Account number

 

I write with regards to the above account with your organisation.

I wish to draw your attention to Civil Procedure Rule 31.16 as quoted below:

"Disclosure before proceedings start

31.16

 

(1) This rule applies where an application is made to the court under any Act for disclosure before proceedings have started1.

 

(2) The application must be supported by evidence.

 

(3) The court may make an order under this rule only where –

(a) the respondent is likely to be a party to subsequent proceedings;

 

(b) the applicant is also likely to be a party to those proceedings;

 

© if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and

 

(d) disclosure before proceedings have started is desirable in order to –

(i) dispose fairly of the anticipated proceedings;

 

(ii) assist the dispute to be resolved without proceedings; or

 

(iii) save costs.

 

(4) An order under this rule must –

(a) specify the documents or the classes of documents which the respondent must disclose; and

 

(b) require him, when making disclosure, to specify any of those documents –

(i) which are no longer in his control; or

 

(ii) in respect of which he claims a right or duty to withhold inspection.

 

(5) Such an order may –

(a) require the respondent to indicate what has happened to any documents which are no longer in his control; and

 

(b) specify the time and place for disclosure and inspection."

 

 

I respectfully request that you provide me by return a copy of the credit agreement which bears my signature. Additionally I require all statements relating to the account, all notices of default and termination and all documentation and uplift instructions relating to the repossession of my vehicle.

I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 or a Subject Access Request or a Freedom of Information Request, but is made pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16). An unsigned copy of the agreement will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.

 

Please confirm if you still hold all the documents as requested or, alternatively, what has happened to to any of the documents no longer in your control.

 

I do not view this as an unreasonable request given that by supplying the documents which I have asked for it will allow me to assess if my case has merit and will help to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides.

 

I look forward to your reply and would ask for a response by 4pm on XXXX Date ( Give 21 days to respond), should this not be forthcoming I will be left with no alternative but to request an order for compliance from the court.

 

 

Regards

[wannabedebtfreesoon]

Amend to suit

[wannabedebtfreesoon]

Ignore that, late night and got threads confused

OMG! You had me up all night worrying that I'd said the wrong thing!! I'm gone sue you for damages and distress lol!

[wannabedebtfreesoon]

Excellent! Fabulous result

The most important thing in your case is to know if the agreement was regulated or not, it should say at the top of your agreement or Default notice.

[wannabedebtfreesoon]

Hi Wannabe

 

It says non regulated - HP agreement

That's not great but unfortunately it is what was expected

With an unregulated agreement you do not get the protection from the Consumer Credit Act. I'm not familiar with unregulated agreements but I still believe you should try to obtain details of the repossession because it still may be possible to argue tort of trespass. I think the the best thing for you to do is have a read of the threads of people that are in a similar situation as yourself, it might be helpful to understand what others are doing.

 

I'm sorry I can't be of more help