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Hi guys need a little help here, unlawful repossession and Link Financial.


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Hiya guys I need a little help here in dealing with an unlawful repo which took place many years ago and the chasing of a debt by Link.

 

My original thread is here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255981-CCJ-issued-by-Link..-Need-to-defend-or-set-aside.&p=3091478&highlight=#post3091478

 

and have posted here to get advice regarding the unlawful repo.

 

If anyone can help that would be great.

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Hi Nicky,

if I was you I would start gathering evidence. First I believe you got the police involved do you have any evidence of this also have you got any statements from the witnesses or photos of the numpties dragging the vehicle off your property?

 

Pumpytums

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The witness statements are no problem they will come from our neighbours and a couple who live over the road and were waiting for a bus, i am hoping we can still get the statement we gave to the police as it were some time ago. We have still got the keys and the damaged padlock from the bollard which was lowered to gain access to the car.

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  • 3 weeks later...
  • 4 weeks later...

Hi,

 

Forceably removing a vehicle which was supplied under a Consumer Credit Act regulated agreement from private property is a breach of s92 of the CCA and is a breach of statutory duty under the Act. This means that the courts could award damages for trespass and all losses which might be foreseen as resulting from the breach, e.g. things like hire of an alternative vehicle/loss of use/court costs etc. The proper course of action for the creditor to have taken would have been to apply for a court order. It should also be noted that the court order should be enforced by a COURT bailiff acting on a warrant of possession and not by a private repossession agent - who does not have the authority to enforce County Court orders and should not hold himself out as having such authority. I would suggest you bring this up with the creditor/assignee and also that you make a complaint to the OFT regarding the conduct of the repossession agent. To give this a bit of perspective, why should any private debt collector be able to remove a lock to gain access to your private property? He is no more authorised to do so than you are, since he acts with no authority from the courts whatsoever. It simply shouldn't happen and that's why the law protects people in your situation....

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Hello, I've just been reading both your threads and was wondering what stage you are at in proceedings at the mo? Did you say there was a Summary Judgment hearing coming up or has it already been allocated to a track??

 

I only mention it because, at the very least, with the repo of the vehicle from private property you may have grounds for a counter claim. Just wondering if you'd considered that or if it would be too late in proceedings now? Just an idea :madgrin:

“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

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Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

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Hello, I've just been reading both your threads and was wondering what stage you are at in proceedings at the mo? Did you say there was a Summary Judgment hearing coming up or has it already been allocated to a track??

 

I only mention it because, at the very least, with the repo of the vehicle from private property you may have grounds for a counter claim. Just wondering if you'd considered that or if it would be too late in proceedings now? Just an idea :madgrin:

 

When I completed the AQ which I sent off before xmas I attached a witness statement to prevent them striking out my defence. I did state in the witness statement that upon seeking legal advice the vehicle was repo'ed unlawfully from private land and I asked for strict proof to be provded that they had a court order to repo from private land. I know they didn't but I want them to disclose it. I have also included witness statements from 4 people who watched the repo take place from my drive. So the court do know my views on the repo and so do Link. To be honest they are being hit from multiple angles the unlawful repo being one, and the others on a dodgy Notice of Assignment and Deed of Assignment as well as PPI which was added to the account and never advised.

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