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


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Thank you postggj. That's what I thought was the case, but I wasn't sure of the acts/laws. Do you think it would be best to send the letter recorded delivery, so that they can't deny they received it? Ill draft up a letter now and post it on here in a bit.

 

How can we prove that the car was taken off the drive if the anglia deny this though?

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Always send recorded delivery, that is every letter, its important now as once they get that complaint pursuant to their complaints procedure, strict time scales come into the equation which must be followed

 

The repo agent having no vehicle report at the time of the repo will support your version of events

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Dear Sir/Madam,

 

I am writing to you to complain about the unlawful repossession of my Vauxhall Corsa Limited Edition on Tuesday 11th June 2013 at 21:40.

 

The car was repossessed without a written repossession notice being sent to myself, and was also taken from private property without both my consent and a return of goods court order.

 

You have a statutory duty to inform me of any repossession by writing, along with producing a court order to remove any car from private property.

 

I therefore require its immediate return for breach of contract, along with the breach of conversion which has occurred as you had no authority under law to remove property, therefore making you guilty of theft and a tortuous act.

 

Yours sincerely

 

 

 

Does this sound ok?

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Yes, that is fine

 

at the top of the letter put

 

Official Complaint As To Your Complaints Procedure

 

You do not want to go all guns blazing with legal statutes just yet

 

You need to give the impression you have done some limited research and have put them on notice

 

Send recorded delivery to Santandar

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Ok, thank you. Will send recorded delivery tomorrow and will post response when I get one. How long should I expect to wait for a response? As they have previously ignored letters despite admitting to receiving them.

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So, Santander repossessed the car on Tuesday 11th June, with the repossession order apparently going out to Anglia a few days before that. . .

 

How come, they have sent me a letter (received today - attached),

 

dated the 11th June, that states to contact them about my arrears?

 

Surely that has just ruined any chance they have on the repossession being correct?

 

I phoned them up as stated on the letter, to be shouted at, told the debt recovery department was closed, and then hung up on.

 

:???:

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automated NOSIN [notice of sums in arrears]

 

they have to send that

 

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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  • 3 weeks later...

Still waiting for a response from Santander, however I have just looked at my credit report and it shows that the number of missed payments is still going up each month. Should this still happen, as they have supposedly terminated the agreement, and we have no car?

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those letters still do not answers the questions asked

 

they are purposefully skirting around the point of your complaint.

 

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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write asking your questions again

like in a bullet point set

the bottom line is the unlawful repo.

 

negates the whole agreement

 

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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  • 2 weeks later...

Phoned Santander today, to find out what is happening with the car, to be told that they had held off from selling the car because I had said that I would pay the car off in full. Not only have I not said this, they didn't even inform me of this. Apparently they have also not contacted me because they wont until the car has been sold at auction.

 

Any thoughts on what I should do now after my last response from them? Postggj have you any thoughts on that second letter you mentioned?

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Since you have no control over the vehicle once it is in their possession, you will undoubtedly find sells at auction for a pittance.

 

What is the current value of a similar - condition and mileage - car to the one you bought ?

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