Be Threatened with vehicle repossession

[Kazamber]

I have two vehicles on finance with the same company. The first vehicle's finance was due to be finished being paid in September 2011, however I did fall behind with payments by a couple of months. I have paid over a third of the total finance and there is currently £426 owing, I have been making monthly payments of £200. The second vehicle's finance was due to be finished in June 2012 and again is a couple of months behind. Again I have paid over a third of the total finance and there is currently £419 owing. My monthly payments are £146.I have been making payments, but if I miss a payment or a payment is a couple of days late the finance company is straight on the phone to me (on my work phone) threatening to repossess the vehicle unless immediate payment is made. Also the garage I purchased both vehicles through ring me as well threatening that they have the men and a lorry ready to collect the vehicle from my works address. Do they have any legal right to just come and take the vehicles without a court order as I have paid over a third of the finance and are they allowed to keep ringing me and threatening me like this?Any advice would be gratefully received.

[Kazamber]

Hi can anyone provide me with some advice please?

[postggj]

if you have paid over a third then they need a court order to repo

 

i take it the finance was not secured by way of a bill of sale was it, thats a different ball game

 

who are the finance company

[Kazamber]

HI thanks for your response. The finance company is Windor Leasing. Not sure what you mean by "take it the finance was not secured by way of a bill of sale was it". I have checked both Hire Purchase Agreements and they do state "Repossession: Your Rights - If you fail to keep to your side of this agreement but you have paid at least one third of the total amount payable under this agreement, the Owner may not take take back the goods against your wishes unless he gets a court order. If he does take them back without your consent or a court order, you have the right to get back all the money you have paid under the agreement". I know one time they told me they had a repossession order is this different to a court order? If they obtain a court order what happens next?

[postggj]

if they obtaines a repo order then you would just put in an application notice to the court for a time order to pay

them saying they have a repo order and actually having it are two different sinarios, if they had one they would have done the repo in the past and then try and shaft you for any outstanding liabilities

 

the judge will not be impressed if they did a repo with only a few hundread quid outstanding

 

send them the telephone harassmant letter if the phone calls get to much

 

i think this is just bluster on behalf of the finance company to be honest

[Kazamber]

Ok thanks. Just worried in case they turn up at my works to try and take the vehicle. If they should try and do this what should I do? Should I show them the agreement and remind that they I have paid over a third of the finance?

[postggj]

thats exactly what you should do

[Kazamber]

Sorry forgot to ask where can I find the telephone harrassament letter?

[postggj]

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

[Kazamber]

Many thanks for all your help. Have a good weekend.