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Private and Commercial re-possession (voluntary surrender)


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Hi, I have today received a Notice of default sums from my car finance company, namely Private & Commercial Finance Company. The letter states that "Pursuant to section 86E ot the Consumer Credit Act 1974, they are charging me £10.00 for a letter sent out to me!! I have checked the CCA 1974 only to to find that Section 86 deals with "The Death of Hirer or Debtor". As I am very much alive and kicking..So I have asked them to refund any charges applied under this act.

 

I would appreciate any help guidance in this manner.

 

keltyboy

Edited by keltyboy
wrong forum

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its a loan so you can reclaim any charges they have levied on you + int

just use the normal process

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 year later...

I have a car on finance with PCFCL Last year I got into arrears and when an agent of the company called at my house, I allowed him access, and under duress, before paying the arrears to him I was asked to sign a Voluntary Surrender form. I then paid the arrears to this agent. Since then I have due to loss/change of employment again fallen into arrears what with the high interest rate and charges levied against me. I know owe 1200 in arrears, I have made an offer to pay an extra 200 per month, but this has been declined out of hand. The person on the telephone, asked if I had any savings to settle the finance just now. They were looking for 4000.00 and the account would be closed. I have had a call from a car re-possession company who are coming to collect the car tomorrow. I don't wish to loose the car is there any advice that can be given to me before tomorrow.

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Hey, what a nightmare, I hope you don`t lose it... If you have a garage I would keep the car in there!!! Regardless of what they say, unless they have a court order they can not enter your property.... A drive is also considered your property, although I would feel more comfortabe with it in a garage.... I believe that when they apply for a court order, you will have a chance to make an offer to them via the courts... Hope that helps... Im in a similar boat just now tbh... Chin up.

 

Jamie

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Unfortunately they have this voluntary surrender form/letter. so I don't know how it stands however I will give them the no callers letter and see where it goes from there. Thanks for the positive thinking.

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REgards... Remember to Support Our Troops :lol:

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if you paid the arrears at the time then the voluntry surender is null and void

 

why would they ask you to sign it then take the arrears off you

 

dont allow them access to he propety without court order

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if it is an HP contract and you paid half or more of the total, you can hand the car back and owe nothing more.

however if you want to keep the car you will have to come to some form of agreement with them to pay off the remainder, a court may decide what is reasonable.

Agree dont let them take the car until you decide what to do, and cant without a court order on private land, but from what ive read on here the police are not much help.

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Hi, How did you get on?? Hopefully you got something sorted?? I would like to think that regardless to any other doccuments, to enter your private property a DCA/Repo would need some kind of warrent or court order. Anyway hope you got on ok, its no a great sittuation to be in. All the best

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  • 1 month later...

Sorry to have taken so long to get back to you all, thanks for the advice. I posted on here too late to get anything done, as the car was repossessed by two males (who even scared my dog.) the next day, I tried to use the refusal of entry to property letter but that was treated with derision by the "Licensed Debt Collector" , who looked like he eats steroids for meals 3 times a day. (he made me look small and I am 6ft 2ins). I am now waiting on being told the outstanding amount to pay then I will negotiate repayments to suit me.

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REgards... Remember to Support Our Troops :lol:

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Sorry to have taken so long to get back to you all, thanks for the advice. I posted on here too late to get anything done, as the car was repossessed by two males (who even scared my dog.) the next day, I tried to use the refusal of entry to property letter but that was treated with derision by the "Licensed Debt Collector" , who looked like he eats steroids for meals 3 times a day. (he made me look small and I am 6ft 2ins). I am now waiting on being told the outstanding amount to pay then I will negotiate repayments to suit me.

 

Im know professional here but if its taken off your private property and you refused them entry then they are trespassing and they have stolen the car report them to the police dont be put off by the this is a civil matter if they say that contact the ipcc

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Sorry to have taken so long to get back to you all, thanks for the advice. I posted on here too late to get anything done, as the car was repossessed by two males (who even scared my dog.) the next day, I tried to use the refusal of entry to property letter but that was treated with derision by the "Licensed Debt Collector" , who looked like he eats steroids for meals 3 times a day. (he made me look small and I am 6ft 2ins). I am now waiting on being told the outstanding amount to pay then I will negotiate repayments to suit me.

 

i need you to be honest

 

confirm you refused entry and they ignored

 

did you sign any vehicle defect report etc at time of the repossession

 

they have committed an offense under s.92 of the cca 1974 and breach of statutory duty

 

start planning your hols in Barbados but please be honest

 

what details did the debt collectors/repo people leave as to there identity

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Id say you had a good chance of going to court and winning there are experts on here that can help you but like i said im no expert but its looking like the finance company have broken every rule including crimimal in the book.

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two threads on same debt merged

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You could have a good claim here. On the assumption that this is a regulated hire purchase/conditional sale agreement and you had paid more than one third of the total purchase price, they can only repossess the vehicle with either a court order or your consent. Of course, you initially gave consent by signing the VS form, but the key is that that consent is revocable. In other words, it still has to exist at the time of repossession. In the circumstances you describe, it is highly arguable that you had withdrawn your consent when they took the vehicle (otherwise why would you deny them access?). If they did repo without your consent, then the good news is that the CCA requires them to repay you everything you have paid under the agreement, including your deposit - so effectively you will have had a totally free car for the time you had it.

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No I wouldn't go straight into an LBA. I'd just write to them advising that they have repossessed the vehicle without his consent, and therefore they are in breach of sections 90/91 of the CCA and invite their proposals.

 

Im new to all this but i would imagine that if they know that you know they have breached a lot of rules including criminal they may well pay out to keep themselves out of court.

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Don't think there's been any criminal activity - can't be a theft because there's no dishonest intention, just a couple of thick bailiffs who don't understand the Consumer Credit Act. I suspect this could well be a windfall for the OP.

 

they were debt collectors (which are civilians)

tresspassing is a criminal offence so is taking the vehicle without consent.

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