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I'm hoping for some advice.

I had a car on finance from 2008 to 2010.i lost my job and was struggling with payments.

The car was then repossessed in 2010, but from reading the forums I'm a bit concerned about the following:

It looks like I should have received a default letter, but didn't get one?

The car was taken from private land (a private parking space in the courtyard for the flat I own)

It contained my personal possessions, which I never got back

When I called 1 day after it was repossessed and offered to pay (I could borrow money from parents) they refused saying it was too late. I then paid around 5k back when the car was auctioned.

 

 

This was all back in 2010 and I've written to them in the past a couple of times but never had a response. Ive also tried to email them this week asking for details of the default letter and how to ask for a subject access request, but yet to have any sort of response.

 

 

Based on the above, is there anything I might be able to do here?

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A Subject Access Request (SAR) is a legal demand for everything that company holds about you and for that service they can charge up to £10 so we always advise adding the full £10 with the request.

 

 

I then paid around 5k back when the car was auctioned.

 

 

Can you just clarify the quote please, did you have to pay them £5,000 after the auction or did they pay you ?

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A Subject Access Request (SAR) is a legal demand for everything that company holds about you and for that service they can charge up to £10 so we always advise adding the full £10 with the request.

 

 

 

 

 

Can you just clarify the quote please, did you have to pay them £5,000 after the auction or did they pay you ?

 

Hi,thank you for the reply. I had to pay 5k as that was what was owed after auction.

 

 

I sent a follow up email last night reminding them that they have an obligation to provide the information.

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How long was the finance agreement and how much of it had you paid when they took the car?


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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How long was the finance agreement and how much of it had you paid when they took the car?

 

Hi there.

 

 

I've checked and less than a third was paid.

 

 

Agreement was over 3 years I think,

was about 12ish months in.

 

 

this is why I want to get hold of a copy of the agreement if I can!

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Hi there. I've checked and less than a third was paid. Agreement was over 3 years I think,was about 12ish months in.this is why I want to get hold of a copy of the agreement if I can!

 

 

Bump - can anyone else help here?

 

I've also realised that they should have had a court order to remove the vehicle as it was on private property.

 

 

I've asked for it but it doesn't appear that they have one?

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if you agreed to the what I assume was a voluntary surrender

then they don't need a court order

 

 

were you there and signed anything during the repo.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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if you agreed to the what I assume was a voluntary surrender

then they don't need a court order

 

 

were you there and signed anything during the repo.

 

 

dx

Hi thanks for the reply. No, I wasn't there when they took the car, it was just gone when I got home!

As soon as I realised they took it, I called to offer to pay the finance off in full, if they could return the car (plus any costs). But they told me it was too late.

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ok well get the info

see what level you were at for payments.

 

 

thats minus extras too by the way.

 

 

ideally the no powers repo guy should not be taking a car from private land if you've only paid under 1/3rd

but theres not really a lot to wave you arms about.

 

 

the default notice etc etc will help here too.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Cam you prove it was taken from the drive? Any photos, videos etc? Have they admitted they took it from the drive?

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Even if it was taken from private land, if you have paid less than 1/3 including the deposit, and there was no damage

 

to private property, you would only be able to claim peanuts for trespass

 

Your only recourse really would be a report to the FCA for the regulatory breaches, in the hope that they considered the licensing implications

 

of the company that took the vehicle. However that would not really help you


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