Police seized my car-moneybarn reported it stolen - Scotland

[Flaminrehead82]

My marriage broke down and

 

I defaulted on my car agreement,

 

I have not paid a third but

 

have tried to come to repayment terms with moneybarn to no avail.

 

I have moved house in the time and

 

moneybarn and their repo services have visited my new address never when I am home.

 

Seven days ago I got a letter in the post saying I have seven days to Make contact with this company

or they will take me to court as I hadn't voluntarily surrendered the car.

 

I thought well my credit is screwed now so let them take me to court and in the mean time I can make other arrangements.

 

today a Sunday my car was parked at work and the police came in and informed me the vehicle was stolen (I am In scotland)

 

I have keys log book car is taxed and tested, and insured in my name and address.

 

Police officer said that they would have to tow the car which they did, (very embarrassing)

and that I would have to arrange a time to give a statement.

 

I said surely this is a civil matter but apparently not.

 

Anyone else been through this,

 

I don't want charged or a record.

 

Also they want me and my estranged ex husband to speak with them as his name is on the agreement

but he has nothing to do with it anymore.

 

Any help advise appreciated

[renegadeimp]

Moneybarn seem to be doing this a LOT lately. Sit tight and someone will be able to help you ASAP.

[Conniff]

If you look at the very top of the forum you will see a couple of search boxes, one marked 'Search Cag'. If you enter moneybarn into that it will come up with a lot of moneybarn threads which should better put you in the picture of the way they operate.

 

 

Moneybarn are one of the 'gutter' companies.

Edited June 2, 2014 by Conniff

[rebel11]

You need to find out why the police are involved? If they shouldn't be involved, write a Formal letter of Complaint to the police. It's a civil matter.

 

A car can be repossessed if it is on Hire Purchase and you have paid less than a third of the total. That is without a court order, in the event more than a third is paid then a court order is required.

 

The police will not generally get involved in this at any point as its a civil matter, unless the OP become obstructive, abusive or threatening to a court ordered bailiff, then the police may be called to attend.

 

It would be good if the police billed Moneybarn for wasting police time.

[Flaminrehead82]

I haven't heard anything, nothing from the police in regards to a statement over "theft of a motor vehicle" nothing from money barn, that's a working week later and nothing. I have nothing to prove the vehicle is/was mine to try and collect my possessions out of. So I guess they are lost. Feel in limbo

[rebel11]

Hi Flaminrehead82

 

You need to be pro-active, the police now probably realize they have made a mistake.

What are you waiting for?

Contact them, complain.

 

[Flaminrehead82]

Thing is what am I complaining about?

 

I presume by now money barn have the car and my possession as they didn't repossess

or get a court order they can't chase me,

surely this saga works in my favor in the long run?

 

It is some police force in England that had reported the car as stolen

but I don't which one and my local police where merely acting on the flag that the car came up as stolen?!

 

A little anxious and don't want to stir incase I am charged with some crime or another, over this civil matter.

 

I am however perplexed and feel victimised that this only happened to me as no one else is coming forward in agreement

[theoldrouge]

if the agreement is in your name then contact the police and complain, you have done nothing illegal. I'm no expert on scottish law but this may help-

 

 

 

 

Information:

 

the law on repossession

 

There is confusion in Scotland about whether or not a creditor always has to get a court order to repossess hire-purchase goods.

 

In England it is not always necessary for the creditor to have a court order before repossession.

Because Scottish law on this is unclear, you may want to point out to the creditor that they should seek a court order before repossessing goods.

If the creditor seizes the goods without a court order, the law on this point can only be clarified by going to court.

 

Even if you have not paid more than a third of the total amount payable under the agreement, the creditor will need an order from the court or your consent to remove the goods from ‘any premises’ they are on.

 

‘Any premises’ is not defined but includes your garage or drive.

If your car is parked on the road (and you have not paid a third) then it is at risk of being ‘snatched back’.

However the legal position of this is not clear.

 

Under Scottish common law, it could be argued that it is illegal to take your car from the road without a court order.

The law is not clear about the recovery of a car from a car park.

 

If you want to keep the goods and make a payment arrangement with the creditor, you may be able to do so if you can afford the full monthly instalments, plus something towards the arrears. If you cannot make the full payments the creditor may agree to reduce the payments, but this is usually by a small amount and only for a short time.

 

In certain circumstances you may be able to go to court and ask to pay less than the full monthly instalment. This is called a ‘time order.’

 

If you have received an ‘arrears notice’ or ‘default notice’ from your lender, you can apply to the court for a ‘time order’ under the Consumer Credit Act 1974.

[Flaminrehead82]

That makes very interesting reading, and tomorrow I will present my self at local police station and if I get no answer make a formal complaint. Ridiculous that two police forces have agreed to this

[renegadeimp]

Make sure to speak to the sergeant or superintendant, not a front desk clerk.

[SabreSheep]

Outrageous use of my tax money being used to make the police act as baliffs in a civil matter

 

Complain to the highest power

[Flaminrehead82]

So apparently some police officer wants a statement off me, and will be in touch?

 

The car was lawfully apparently reported as stolen because I had moved house.

 

..I have an email to moneybarn dated November advising a new address.

And they have been contacting me and sending repossesion people to me new address.

 

Apparently as I had moved and moneybarn had no way to contact me

and everytime (2 within my working hours) they sent someone to my house (new one)

no one was home that they believe I was Un-contactable and as they owned the car, they felt it was stolen

and therefore reported it to the police! Feeling more confused!

[unclebulgaria67]

Sounds like someone from Moneybarn has given info to the Police which may not be totally complete.

Perhaps the Police would not have got involved, had they known all facts.

[Flaminrehead82]

Certainly seems that moneybarn told some creative truths

 

got their car back without the court process or the documents or spare key.

 

As they potentially have breached agreement think I will contact a solicitor,

 

the situation was coming to a head but now actually it looks like it is indeed moneybarn that has breached contract,

wasted police time and could be held accountable.

 

I will Persue this or moneybarn will think this is an acceptable method to regain cars

[theoldrouge]

You must certainly see a solicitor and you also imo should send a full report on the matter to the Financial Conduct Authority

[IdaInFife]

In Scotland, the law of repossession are not clear. If the car had been on you drive or garage then a court order would be required but there is no deffination of law if kept on a public road or car park which could be argued but only if you have the time, money and passion to do so.

 

Police would only normally be involved if there was a threat.

 

So the car will be sold and you/ex partner will be liable for shortfall.

 

 

What are you looking for at this point?

[Flaminrehead82]

I want an understanding as to why the car was reported stolen,

 

the car was in a private car park and flagged up as a stolen vehicle on the police anpr system!

 

That is my issue.

[dx100uk]

surely as this is a conditional sale ie an HP agreement.

 

moneybarn DONT own the vehicle

so cannot report it 'stolen'

 

else every car on HP 'could' be reported stolen around the country?

 

that's why the info and routes/laws of redress for the creditor in the CCA act covering HP are there for?

 

something smells here

 

dx

[Flaminrehead82]

According to police scotland moneybarn indeed do own the vehicle

 

I indeed am going through this and asked here to see what out comes if any others had from similar situations.

 

Nothing fishy apart from moneybarn behaviour

[theoldrouge]

Be it England or Scotland, this seems to be happening rather too frequently lately involving moneybarn,

and thats just the few incidents we get to hear about.

 

The OP had an agreement regulated by cca1974, and from post #1 , moneybarn knew her address.

 

Surely moneybarns local police should be questioning why there has been such a sudden increase in

"THEFTS" from this company before acting on any info that moneybarn supply them.

 

I'm certain the FCA would be very interested to know.

 

In addition as moneybarn seem to be using the police as some sort of free vehicle recovery agency,

whilst trying to circumvent cca1974,

 

I would be involving my local MP, and be demanding answers from moneybarns local police watchdog.

 

To the OP- did you receive a default or termination notice?

 

Are you sur you have not paid 1/3 including your deposit?

 

technicaly, moneybarn are the vehicles owners,

but it is hired to you under a regulated agreement until you make the final payment,

 

but that does not give a reason to the police to act in this way

 

as moneybarn were well aware of your address.

 

Proceedures have not been followed

[Flaminrehead82]

The only thing I have received from money barn at my current address

not the one they are claiming to have (old one) was my annual statement.

 

I have paid just shy of a third.

 

But interestingly the police who took my car knew the exact outstanding amount, as per this statement.

 

I received 7 days previous to police involvement a letter giving me 7 days to voluntarily surrender the vehicle,

or threatening court action.

 

As I drive past numerous police on the commute daily I can only assume the car was reported stolen last Sunday.

 

The police who took my car, where sat beside it for about an hour

and said they had been on phone to the police force who had the car reported as stolen

and that police force wanted me arrested straight away,

 

these police officers said they couldn't take a statement off me because they where of the "armed" police section

 

..they where driving one the new silver cars, if that makes any odds.

 

I was not arrested and I was not charged but the police took my car as it was a stolen vehicle.

 

I have nothing to say that this happened etc but didn't think the police would get involved in a civil matter

[renegadeimp]

Sounds like the police screwed up and are trying to cover their backs. Sadly it can happen in some stations, as evidenced by various stories in the national media.

[rebel11]

Moneybarn had a bight idea, report the car stolen at one police force, let another police force recover it, where law is sketchy, cut out the 'court action'.

 

'I received 7 days previous to police involvement a letter giving me 7 days to voluntarily surrender the vehicle, or threatening court action.'

[Flaminrehead82]

Thought I would update: incase anyone else finds themselves in this situation

 

the police and pf agree this is a civil matter,

 

as to where the car is

 

the police haven't advised and

 

said they don't know what will happen,

 

I certainly won't be paying the towing and holding charges on it!

 

But a little confused should I just walk away?

[renegadeimp]

It sounds to me as if the police and moneybarn know theyve messed up big time and are covering their tracks. Perhaps notify your MP and see if they can do anything.