debt collection or vehicle recovery hassle !

[RDR]

Put this post up from my phone as a result of reading other posts on this forum. Have now managed to get to a computer to re-edit it properly.

 

OFT Licensing /Recovery Agents

(1) Any organisation involved in finance recovery must be OFT licensed.

(2) It is a criminal offence to carry out debt activities without being licensed.

(3) If you have been failed in the collection process and legalities have not been adhered to, check to see whether the company performing the collection is OFT registered.

(4) If they are and you can prove non compliance then submit a complaint to the OFT.

(5) The OFT have the power to fine the company and in repeat offender cases, revoke licenses. (Fines can be serious amounts, losing a license can be worse).

 

Halted Recovery / Contested Debt

(6) Recovery must be halted by the collection agents if the debt is contested.

(7) The contested debt must be reasonably contested, for example;

(7.1) incorrect amount attempted to be recovered

(7.2) over 1/3rd of the finance paid

(7.3) if elapsed time exceeds 6 years

(7.4) recovery details sent to incorrect address

(7.5) recovery details sent to wrong person

(7.6) the debtor has medical issues

 

"I do not like the format of the letter", is simply not a good enough reason to contest.

 

(8) The recovery agent is duty bound (as per OFT license) to ensure all facts are correct and up to date. see 7 above.

(9) The recovery agent is duty bound to follow legislative procedure.

(9.1) Any default notice must be sent to the debtor to give them time to respond. 14 days is normal.

(9.2) Any negotiations or offers received by the recovery agent cannot be ignored by the recovery agent.

(9.3) All paperwork can be legally requested by the debtor. The creditor must have this paperwork or if acting for the creditor the recovery agent must have a copy.

 

 

(10) If you feel that 'strong arm' tactics are or have been used then keep a timed and dated log. Keep all threatening letters. Always call the police for anyone turning up unannounced to recover debt or goods or vehicles.

(11) Anyone turning up must have paperwork on them to show who they are, who they work for, and why recovery action is being taken, or must be able to get a copy to you prior to recovery. If not it is possible to report a "potential theft in progress" to the police especially if the recovery agent is attempting to remove a vehicle.

 

Civil / Criminal Action

Trespass is a civil tort (civil wrong). This means that to stop a person acting or saying something on a privately owned premises you must seek to get an injunction in court to stop them.

 

Trespass becomes a criminal act if the trespasser commits some damage or assaults you while they are on your private premises. So for this you can have the perpetrator arrested by the police.

 

Action to recover a vehicle on a private driveway will cause the recovery agent to trespass. If the recovery agent has satisfied all legalities and the vehicle is and does become a recoverable item, then it is possible to come onto a property with either a spare key or a seizure notice and either drive the vehicle away or place a seizure notice over the windscreen.

 

Once the vehicle has been removed or the seizure notice has been place then there is no more trespass when the agent removes themselves from the property.

 

 

Hope this helps.

RDR.

Edited July 4, 2013 by RDR
Further information

[BRIGADIER2JCS]

The OFT cannot respond to individual complaints nor can it divulge to individuals what action it may have taken on a particular complaint, all complaints are logged and the collated data will be reviewed when CCLs are applied for or are up for renewal.

[RDR]

That's right. Individuals will not have access to particular outcomes. What is important though is that the OFT is made aware of unscrupulous company behaviour so that license revocation is a consideration, and this may be actioned by the OFT with an immediate effect if they feel it suitable. Also while a complaint is formulated against the actions of an organisation they legally have to cease recovery until an investigation has been concluded. You see, it's about the politics of giving a debtor time to get his/her life in order.

[DonkeyB]

That's right. Individuals will not have access to particular outcomes. What is important though is that the OFT is made aware of unscrupulous company behaviour so that license revocation is a consideration, and this may be actioned by the OFT with an immediate effect if they feel it suitable. Also while a complaint is formulated against the actions of an organisation they legally have to cease recovery until an investigation has been concluded. You see, it's about the politics of giving a debtor time to get his/her life in order.

 

A complaint to the OFT does not mean a company has to cease collection activity.

[RDR]

For reasons stated.

[DonkeyB]

Also while a complaint is formulated against the actions of an organisation they legally have to cease recovery until an investigation has been concluded.

 

RDR, could you explain what you mean by this?

 

Who is formulating the complaint, who is investigating it, and why would they have to cease collection activity? I’m confused.

[RDR]

Please refer to my previous comment posted 15:12.

[DonkeyB]

Sorry, your post was not clear. It gives the impression that complaining to the OFT about a company's actions means collection must stop until the OFT complaint is resolved.

 

I assume you mean that a complaint direct to a debt collector must be concluded before collection activity can begin again. Yes, but that only applies if the complaint is in relation to the debt being disputed, of course. For example, a complaint that someone was rude to you would not be a fair reason to withhold payment, whereas failure to consider a payment offer would be.

 

So in many cases, the suspension of collection activity is not always a reason to withhold payment. Needs to be looked at case by case.

[BRIGADIER2JCS]

May I ask is there a particular point in any of your nine posts made today are you merely post clocking to gain site privileges??

[RDR]

Apologies Brigadier, just attempting to offload industry specific knowledge. Do not mean to offend.

[postggj]

quote

 

Action to recover a vehicle on a private driveway will cause the recovery agent to trespass. If the recovery agent has satisfied all legalities and the vehicle is and does become a recoverable item, then it is possible to come onto a property with either a spare key or a seizure notice and either drive the vehicle away or place a seizure notice over the windscreen.

 

Please expand on that statement as it is a bit ambiguous

 

And please tell me where you located all that that information posted, was not the FLA by any chance ??

Edited July 4, 2013 by postggj

[RDR]

Sorry Postggj. What ambiguity ?. Trespass is a civil offence. It's not a criminal act.

[postggj]

I am referring to coming onto private property without either a court order ,or the home owners express consent to remove a vehicle from private property

 

And if the vehicle is removed without a court order or consent, what will be the civil penalties to the finance company through the actions of the recovery agent

 

Trespass is a civil tort, people have only got an implied right to enter an individuals property boundary, and can be removed at any time, failure to leave after requested then becomes an offence under the Crime and Disorder Act 1998

 

MAY I ASK WHERE YOU GOT THE ORIGINAL INFORMATION IN YOUR FIRST POST, WHAT SOURCE

Edited July 4, 2013 by postggj

[RDR]

OK,

let me take each point in order.

 

(1) I do not need a court order for vehicle recovery if all legalities (as in my original post) have been complied with.

 

So initially, if I have legal standing to recover the vehicle if the less than 1/3rd payment exists

and it is less than 6 years for attempted recovery and all CCA conditions

(because they can vary, finance company dependent) are met

and I (as the recovery agent) have full entitlement to the vehicle.

 

Then, it is simply a case of turning up to your property with a duplicate key (from the manufacturer)

entering (my) car, because legally it is my property,

and driving the vehicle away.

 

It is a case of trespass (a civil wrong),

I cannot be arrested or charged for it.

 

Caveat dependent.

 

More to follow.............back in ten, need to help my kid

[postggj]

Please answer the question

 

Is a recovery agent allowed to go onto private property and remove a vehicle on finance even if there is no court order or the property owner objects to you removing that vehicle without making the finance company liable for the recovery agents actions

 

i am interested in legislation contained within the CCA 1974 (as amended) to support your reasoning

 

simple question

 

yes or no

[RDR]

ok. crisis over.

caveats are that while I am trespassing I do not commit any other offence of the criminal kind.

 

For example:

(1) common assault; while attempting recovery

(2) criminal Damage; damage to the property while attempting recovery

(3) breach of the peace or

(4) affray; a serious breach of the peace. got it.

 

Because I can get arrested for each of these other offences even though trespass is a civil act.

 

Now to deal with trespass,

one would normally have to apply to the court and get an injunction to remove the trespasser.

 

However, if I come to your house and enter your driveway to take my car that I am legally entitled to take possession of

and then go,

 

what is the point of going to court to get an injunction for a civil situation that will not re-occur. Understand.

[postggj]

Forget about trespassers for the moment, you are confusing the question being asked, i will repeat it

 

Is a recovery agent allowed to go onto private property and remove a vehicle on finance even if there is no court order or the property owner objects to you removing that vehicle without making the finance company liable for the recovery agents actions

 

PLEASE READ THE QUESTION

[RDR]

postggj just read your last post. A yes or no . It aint that simple buddy.

[RDR]

Read my first answer. if all legalities re the CCA are complied with then I can come to your house and remove the car and there isn't much you could do about it.

You want me to some up a massive area of legislation in a yes or no and I'm not prepared to do so.

[postggj]

It is perfectly simple, i would really like to know where and what source you obtained your information from as it is factually incorrect

 

please supply where the source material originates from

[postggj]

This is section 92 of the CCA 1974 (AS AMENDED)

 

92 Recovery of possession of goods or land

 

(1) Except under an order of the court, the creditor or owner shall not be entitled to enter any premises to take possession of goods subject to a regulated hire-purchase agreement, regulated conditional sale agreement or regulated consumer hire agreement.

[RDR]

Don't slate my understanding by stating it is factually incorrect. I have stated previously twice here that if the recovery agency has complied with legal obligation they can recover a vehicle. What is incorrect with that, now go and waste someone else's time. CAG, you need to ban trolls from your site.

[postggj]

You still have not answered my question as to the statutory requirement as to Section 92 CCA 1974 (as amended)

 

I deal with substantiated facts, not subjective comments and reasoning, i back everything i say with case law or statutes, something seems lacking in your responses

 

Do you require me to post up my question again which is in response to your reasoning's ???

 

Is a recovery agent allowed to go onto private property and remove a vehicle on finance even if there is no court order or the property owner objects to you removing that vehicle without making the finance company liable for the recovery agents actions

 

So please

 

Post up where you obtained the guidelines in your first post

Edited July 4, 2013 by postggj

[RDR]

No. And I won't be bullied by an individual who seems to think that copy and pasting a selection of text makes them judge dredd.

 

You carry on buddy your own sweet way. Clearly you have an aptitude for ignoring English and refer you back to post of 17:41

[ims21]

OK guys let's just clarify something please.

 

We are all up for a healthy discussion and I have been monitoring a couple of threads this afternoon.

 

What we will not allow is for threads to degenerate into personal attacks.

 

Now we can either keep this as a civil discussion or the thread will be closed.

 

From now on let's carry on this particular thread in the correct spirit.