Finance U (Corner Park Garages, Cardiff) Car Repossession

[crazycardiff]

Hi all

 

Hoping someone can give me some advice on a company that seems

through the search function to be a forum regular.

 

Essentially, we had a car with Corner Park financed through their own Finance U company.

 

We got behind with payments due to a drop in income and our car was repossessed

from our drive using a spare key the garage seem to have held on to.

 

Now,

we have not received any Notice of default to allow us to rectify any shortfall

and the letter posted through our door indicated an amount GREATER

than the amount owing per month with no explanation of how this increased amount was calculated.

 

Roll on a few days, and despite trying to talk to the managing director as

"only he can resolve this matter", we are then told he is away for a few days.

 

Again roll on another few days and we receive a letter stating they are going to sell our car

and "achieve the best possible price".

The VERY NEXT DAY a letter arrives saying they have sold the car and give us a price they say they sold it for.

 

However,

the car is back on the Corner Park (read Finance U) forecourt at a price approximately £700 MORE

than that they say they paid for it

(how what in essence is the same company can sell a car to themselves is stupid

- and negates the fact that they will attempt to get the best possible price surely?)

 

having gone through my paperwork from them,

I note a Bill of Sale is attached rather than a HP agreement.

 

Equally a Notice of Default Sums relating to the recovery posted with the latter

saying they are going to sell the car does not state the agreement type

- i.e not of the type seen on these forums - Forum ID 191799 (as below 10 posts I cannot post links)

 

Also the BOS is signed by a Clerk (i.e. the woman who done all the paperwork with us in the Corner Park offices)

as opposed to any independent person (i'm unclear looking at past forums if this matters?).

 

They are now offering me to pay the outstanding balance

(although I wish to obtain a full breakdown of the costs etc)

at an affordable rate or they will commence legal action in 14 days.

 

So I ask what are peoples thought on this?

 

Where do I stand?

 

I am prepared to fight this as much as I can so have no issues in going down a legal route

if it so happens to be the case.

[theoldrouge]

can you please post up all the information that you have

 

eg agreement, bill of sale, correspondence with all personal details removed

 

Have you checked that the bos was correctly registered?

[theoldrouge]

We have also researched how to check if a Bill of Sale has been registered.

Royal Courts of Justice

The Bill of Sale must be witnessed and registered at the Royal Courts of Justice,

in the time and manner set out in the BSA,

otherwise it will be void and cannot be treated as a licence to take possession.

 

You can check if this has been carried out by making a written request to the Court

and paying £5 or visiting there in person and searching the register for free.

 

To search you need to

know the name of the borrower,

address and

the year of registration.

 

The entries in the register are made alphabetically in the name of the borrower.

 

The address is:

Room E17, East Block Ground Floor, Royal Courts of Justice, Strand, London WC2A 2LL**

[dx100uk]

you might find this interesting:

 

logbook loan repossessions are not always legal,

.

if linked to a CCA agreement or if the BOS has not been registered with the high court.

.

If BOS registered then yes they can reposses,

but have to show registration and debt details.

Registration

A bill of sale can only be enforced if it was properly registered.

Since this is an expensive and difficult process,

it is rare that this actually happens.

However, failure to register the bill of sale renders it void,

and so renders any security on goods void.

.

Consequently, before allowing any creditor to gain possession of your goods,

ask to see a registered copy of the bill showing the supreme courts seal.

.

You can also call the national debt line, and ask them how to search the registry yourself.

.

Also a valid DN must be issued.

.

If linked to a CCA then can not reposses if on private property without a court order

( but can if on public road and under a third has only been paid ).

.

Over a third, they need a court order wherever it is.

.

check for...[bOS]

.

No Independant signature

No Indapendant Witness

Not Registered With The High Court In 7 Days

not registered AT ALL!

.

Credit Agreement Details Not On The Bill Of Sale

.

how to check:

.

email:[email protected] ov.uk.[no spaces]

.

ring:020 7947 7772

.

write:

QB Enforcement Section,

Room E15-E17,

Royal Courts of Justice,

Strand, London, WC2A

...

.

ideally you need the BOS number

.

however

they can search by the Reg Number

.

...............

 

 

this is taken from notes I have gathered.

 

I also note you say this was taken from a private drive with a spare key they had.....urm..........

 

post us up the docs you have

and the old rouge, who's far better than me will get his teeth into this issues.....

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

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

but leave all monetary figures and dates.

.

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

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

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

.

DO IT IN MSPAINT.EXE or any photo editing program

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

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

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

or http://www.freepdfconvert.com/

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

or use Primo PDF.

.

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

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

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

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

you can click on your links to check them too!

.

dx

[dx100uk]

also type

corner park

 

in the search of our top grey toolbar

 

dx

[crazycardiff]

Thanks for the information - will get the documents scanned and uploaded today for your thoughts.

[crazycardiff]

Scans of the original documentation and the letters stating repossession and subsequent sale of car in attached PDF (~10 pages of scans)

 

Sorry for the quality of some scans - this is not my scanning but the quality of the photocopies they supplied as my documentation on taking the car.

 

I was over zealous with some editing, so rather than re-scan and edit, I've "written" in paint the monetary amounts

 

Cheers

Edited July 17, 2014 by crazycardiff
edited PDF

[theoldrouge]

just started looking at this , had to unapprove attachments, your mobile number showing on page 3

 

please remove and repost

 

Can you also say what the bold heading says at the top of your loan agreement please

[crazycardiff]

Sorry for the oversight theoldrogue... Edited and replaced with version 2

 

Re the loan agreement, page 4 header states as follows:

 

LOAN APPLICATION

To FINANCE U LIMITED 18 THE PADDOCKS, PENARTH, VALE OF GLAMORGAN, CF64 5BW

 

 

Sorry for the quality as I say, its not much better on the photocopies they supplied me on purchase

Page 5 just states FIXED SUM LOAN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974

[dx100uk]

did you check the registry of the bill of sale today?

 

dx

[theoldrouge]

as dx says first port of call is to check that bos was registered

 

these logbook loan companies are really a law unto themselves

 

but if bos is ok then sar to Financeu, we need to see the comms log to see whether a dn under s87 was sent,

 

but dont specifically mention it in your request, as we dont want to alert them, more a case of seeing the log

 

also if you can, obtain photographs of the car on their forecourt, timed and dated with sale price

 

it will help in the case of a formal complaint, as to what is fair and reasonable

 

Was there any damage to your property when they helped themselves to the car?

 

How much had you paid in total of your agreement?

[crazycardiff]

Hi Sorry for the delay

 

Re BOS - ring to get through to the "Enforcement and Enrolment" section (I assume correct section from their department list on phone) is impossible at the moment phone wise - apparently all their lines are busy. Have sent an email, requesting information but no reply as of yet.

 

For the BOS information, what information do I need to give them, the Car details listed on the BOS? e.g. Car reg plate, chasis number etc? I assume the payment is £40?

 

 

Can try and get up there to take photos (garage is about 10 miles away along a bypass and now without car difficult to get to), it is currently listed on their website and have screen recordings and grabs of that.

 

No damage to the property when took the car, as say was taken from my driveway with a spare key which one of the men had to return to the garage to get.

 

Will SAR when have information on the BOS, will keep trying throughout today

 

Had paid less than 1/3 of the of the agreement, so no court order needed

Edited July 18, 2014 by crazycardiff

[dx100uk]

all you need to do is get them to confirm reference the BOS number /, reg number etc.

 

is registered with them.

 

dx

[crazycardiff]

Thanks dx

 

Still keep getting "We are sorry but no-one is available to take your call...." message all morning and lunch so far. Am keeping trying on and off

 

Even have the direct line to the enforcement and enrolments team in an attempt to speed it up