I need help about car reposession from private drive - unlawful?

[Heathy135]

Hi,

 

I have a car on HP with Santander,

and since the car was 2 weeks old have had many issues with the car.

I notified both the car manufacturer (Vauxhall) and my finance company (Santander).

Since then, neither company has been willing to help, and so we took the investigation to the FOS.

Unfortunately, after many months, we didn't seem to be getting anywhere with the FOS, so we told them to close the case.

 

It was only the other evening that a repossession company phoned me (9:30pm), and asked if I was at home (I wasn't).

He stated that he was from Santander (which later turned out to be false) and he was here to chat about the car.

 

Once we returned home, he then said what he truly was here for, and the car was repossessed from a private driveway without a court order

 

He also claimed that the car tyres were illegal in the paperwork he gave us (we refused to sign),

despite the car having gone in for a service with the main dealer just 2 days before.

He also drove the car aggressively onto the road, and around the corner, despite the fact that (i quote)

"you would get 3 points and a fine for both front tyres".

 

I was wondering if you could give me some advice and help as to what rights we have now etc.

 

I must also add,

that the account was in arrears,

because Santander cancelled the Direct Debit when the FOS were investigating,

as apparently this is standard practice.

 

2 months before the repossession they re set up the direct debit (and successfully took money) although they are denying setting this up (we have a letter).

Edited June 14, 2013 by Heathy135

[filrobbo]

Did you receive any paper work in the post saying they were going to repossess the car

[Heathy135]

They are claiming that they sent us 2 letters stating the termination of the agreement, but not the repossession.

 

The difficult situation is, we received 1 termination letter 3 months ago,

but were advised by managers to ignore it until the complaint had be concluded from the FOS.

 

They also advised that the arrears could be paid off in full once the complaint had come back, but that chance hasn't been given.

 

Santander have also claimed that they do not need to write to us about the car being repossessed.

I thought they had to send us a letter when they passed it to their repossession company, giving us notice?

[filrobbo]

I would also report it stolen to stop them selling at auction till its all sorted out

[Heathy135]

Can we report it stolen, as we have paperwork to say who has taken the car (we refused to sign). Santander have given us 2 weeks to find the full value of the car, or they will sell it at auction, however they have refused to send me this in writing again apparently they don't need to send us anything in writing!

[filrobbo]

They should of informed you of the repo the time and date they are coming

[filrobbo]

I would they have to let you know or you will lose the car and and up with having to pay a lot of money for nothing you must stop them from selling it

[Heathy135]

We wasn't aware, they just turned up and phoned us. We stated that to the repossession company Anglia UK, however they said they didn't need to? I thought they also needed a court order to remove the car from private property? Also he told us he was from Santander until I asked him for ID. Do we have rights, on all of these points that they didn't follow procedures?

[dx100uk]

unlawful repo ??

 

was this on your PRIVATE drive.

 

you might get the car back and ALL your payments.

 

how much have you paid

and do you have the agreement?

 

dx

[Heathy135]

The car was on the top of a private drive,

which when we arrived,

they had blocked, so my partner was forced to park her car on the road.

 

We have the original agreement in a folder,

and the majority of the letters they have sent us, bar a couple.

 

We havn't paid off a lot of the car, as it is not even 1 year old.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?329229-Diddled-into-giving-back-car-HELP-PLEASE!!&p=4243877#post4243877

 

how long is the agreement for.

 

what does it say on the reverse about the 1/3rd figure.

 

dx

[dx100uk]

what docs did you sign when it was repo'd

 

they had no right to take it from your private drive even if nd 1/3rd paid.

 

did you hand over the keys?

 

etc etc

 

have you looked at a SOGA claim if the car was never fit for purpose?

 

was it a new car or 2nd hand?

 

dx

[filrobbo]

Dx that's what I was thinking they need to stop the sale of the car

[Heathy135]

We refused to sign any paperwork what so ever, as we were not aware that it was being repossessed and also we didn't agree with what they wrote on the report.

 

Any idea on the law etc that states this?

 

We did hand over the keys because otherwise they were going to take the car without them, causing damage which we would have had to pay for. The guy has ticked on the form that I have that I handed over the service book, however I didn't because it had my name written in it!

 

I have stated to both Santander and Vauxhall that the car was/is not fit for purpose because the petrol gauge is faulty, and it has break failure, however because their garage supposedly found nothing wrong, they are saying it is. (Work was carried out as well at just 2 weeks old!! Unfortunately the dealership we brought it from went bust a couple of months later

 

It was a brand new car

[Heathy135]

I quote from the documents:

 

"Repossession: your rights

 

If you do not keep your side of the agreement but you have paid at least one third of the total amount payable under this agreement, that is £4,572.13 we may not take back the goods against your wishes unless we get a court order. If we do take the goods without your consent or a court order, you have the right to get back any money that you have paid under this agreement."

 

I have found another section, which I will try to upload from the agreement

[Heathy135]

[ATTACH=CONFIG]44505[/ATTACH]

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[Heathy135]

T&C's

[dx100uk]

can we have the full agreement

not just the T&C's

 

and HAVE they abided by what they have said

default notice

term notice

etc

in otherwords

the pre action protocol they detail on the T&C sheet

 

check you scan size too

that was a huge 8Mb file for a simple 250kb file.

 

dx

[Heathy135]

Agreement Docs

[dx100uk]

so how much have you paid please?

 

dx

[Heathy135]

Have paid £1056.60.

 

Santander themselves cancelled the direct debit when the complaint went to the FOS. and we asked to re set it up to keep up with payments but they didn't let us.

 

They told us to put the money aside in another account, which is what we have done.

 

The Friday before they repossessed the car,

I phoned up to speak to the manager I had been dealing with to see if we could pay the arrears off, but he failed to return my call.

 

According to their statement as of the 28th May, we have £12,751.16 left to pay (this mentions nothing about being in arrears).

 

On the statement of account, it states that no further action is required on my part,

surely this should have detailed that I was in arrears and they needed to be paid?

[dx100uk]

is that manager aware its been repo'd

 

i'm wondering if this is some rogue act from head office.

was that manager aware

 

I see the deal was 0% too

 

ok you hadn't paid 1/3rd but would what you had saved done that?

 

 

dx

[postggj]

So the third will not cut it

 

Can you prove the vehicle was taken off private ground, are the repo agents denying it

 

The point that you refused to sign any vehicle report goes in your favour

 

What you need to do is send santandar a complaint as to there complaints procedure. Tell them the vehicle was repossessed off of private property without your consent or a return of goods court order

 

Tell them you require its immediate return for breach of contract and an offence of "conversion" has occurred as they had no authority under law to remove your property, and are guilty of theft and a tortuous act. Throw in a breach of statutory duty as well

 

Wait for a response, then i will give you various sections of the consumer credit act to really wind them up

 

If proved this is an unlawful repo, which it appears is the case, you will receive the vehicle back for free and every penny paid, plus relieved from all further financial responsibility to santandar, that includes your credit file being washed of any mention of santandar

[Heathy135]

They wont let me speak to the manager I was in contact with, so I have no idea if he knows. I was told that as long as the arrears were paid off in full once the FOS decision had come back that they wouldn't repossess it. They didn't even give us that chance.

 

The repossession agency did say that the decision had come from the high managers, so maybe they just made a decision on the sums and not what we had been told?

 

What we had saved would have covered the arrears but I don't think it would have brought it over 1/3 unfortunately.