Fowlers Finance repo'd car off private land - no warning - also pers cash/cards/items gone missing!!

[fightingpic]

Hi all

 

Last week I came out from work to find my car missing from my works car park (private land)

 

I reported it stolen.

Inside the car was my house keys (separate to my car keys) my purse containing £250 cash, all my credit/debit cards, driving licence and other bits and bobs.

 

The time I reported the car stolen I rushed home panicking thinking that the thieves would be emptying my house as the house keys was inside.

 

I had to get the house broken into so we could enter and have the locks changed in case the thieves returned to the house as my house keys were in the car.

 

All night I had little sleep worrying over if anyone would come to the house

the next morning I rung my insurance company to report the car stolen.

 

I also remembered that the finance company who i had the car from said when i purchased it there may be a tracker inside

 

I called them to tell them that the car was stolen and to ask if they could track it

They tracked it and told me the location, which I pass the details onto the police.

 

Around a hour later the police called me to say the car had been repossessed by the finance company! News and shock to me.

 

I had problems paying the finance in december due to a temporary change in income and before I missed any payments i called the finance company who offered me a payment holiday and they said they would call me the end of january, beginning of february to renew the payment schedule again.

I never received any contact from the company whatsoever.

 

I called the finance company who said they were well within their rights to repossess my car,

they said they have been calling and texting me

but when we confirm phone numbers they recite it to me with one digit of the phone number wrong (funny as when they were selling me the car they were hounding me on the exact same number i have now upto 5 times a day) they said they have been emailing me (but they recite the email wrong too).

 

They said I can call them monday to arranged for payment of the overdue amount (just under £500)

and to arrange to get my belongings back.

 

I call them today and was very rudely spoken to,

the guy at credit control says a Default notice was issued back in december

(I never received it or any contact from them) and he also said the car was repossessed from the public highway.

 

The car was parked where I work on the landlords private carpark, definitely not on the roadside.

We end up exchanging words and he hangs up on me.

 

I eventually get them to agree for me to collect my belongings.

I have just been to collect them and my purse is missing!

It was 100% in the car,

I had all my cards inside which I reported stolen last week,

my driving licence is inside there along with my partners licence and no less than £250 cash.

 

I refused to handover the V5 and keys and they say why should we look for your purse

when you wont give us the V5 and keys.

 

Where do i go from here.

I have paid around £1000 plus £500 deposit on the car but less than a 1/3 of the agreement.

I have not received any contact from these guys until now,

definitely not had a default notice

although they say they have sent one.

 

I am without my purse and cant access any of my money until my new cards come through from the bank.

 

My cash i had was in the purse and they haven't returned it to me saying its not there.

 

Help

[dx100uk]

who?

[fightingpic]

Fowlers Finance

[dx100uk]

oh dear

 

 

these guys have been on watchdog atleast once to my knowledge

http://www.consumeractiongroup.co.uk/forum/showthread.php?457610-Fowlers-finance-have-sold-me-a-bad-car

 

 

you need to find out who the repo company was

and goto the police about this and the missing items.

 

 

dx

[fightingpic]

I have contacted the police who have said its a civil matter and wont get involved.

 

I have the name of the guy who repossesed the car but not the company, I think he probably works for Fowlers as they kept the spare key (unknown to my knowledge until today).

How would I find the repo company?

[renegadeimp]

Go to an actual officer not a front desk idiot. How can it be a civil matter when its clear theft?

 

also:

I also remembered that the finance company who i had the car from said when i purchased it there may be a tracker inside

 

I called them to tell them that the car was stolen and to ask if they could track it

They tracked it and told me the location, which I pass the details onto the police.

 

That makes no sense to me. If they ordered the repossession, it would have been on your file, the operator would have told you that, and they would have asked for a crime number so they could contact the police themselves, and not put you in possible danger. Even though fowlers is a total sham of a company, something isnt adding up at all.

[fightingpic]

Ok, I have only rung 101 I will go to the police station now and demand to speak to someone.

[fightingpic]

I know, I was shocked when they gave me the location of the car then afterwards the police rung and said fowlers have repossessed it. Total sham, too many different departments who don't communicate to one another.

[fightingpic]

Go to an actual officer not a front desk idiot. How can it be a civil matter when its clear theft?

 

also:

 

 

That makes no sense to me. If they ordered the repossession, it would have been on your file, the operator would have told you that, and they would have asked for a crime number so they could contact the police themselves, and not put you in possible danger. Even though fowlers is a total sham of a company, something isnt adding up at all.

 

I know, I was shocked when they gave me the location of the car then afterwards the police rung and said fowlers have repossessed it. Total sham, too many different departments who don't communicate to one another.

[fightingpic]

Ok - update, I managed to report the purse not being returned to me as theft and I have an appointment with a police officer later this week.

 

How do I proceed with regards to them taking the car off private land with no contact before hand from then. No default notice was served (they say one was) and I had no phone calls or emails regarding this.

[dx100uk]

get an sar running to fowlers

 

 

make sure yu tell this to the officers tomorrow...

 

 

I refused to handover the V5 and keys and they say why should we look for your purse

when you wont give us the V5 and keys.

 

 

speaks volumes

[renegadeimp]

and dont listen to their bull you need proof. Youre a victim of theft, and they are obligated to take it seriously.

[fightingpic]

Thankyou, I will send a SAR tomorrow.

[dx100uk]

when you get around to it

can we see the agreement in PDF please.

 

 

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

 

 

and

If this is a regulated hire purchase/conditional sale agreement where the car is specifically mentioned on the agreement,

and you have paid more than one third of the total purchase price, [but check the T&C's too]

they can only repossess the vehicle with either a court order or your consent.

 

 

 

In other words, it still has to exist at the time of repossession.

 

 

if it is a fixed sum loan agreement (personal loan), no mention of the car at all, they can't touch the car,

 

they are stuffed as far as repo goes. they can't even obtain a court order for a repo,

 

the only way they would be allowed to take the car is if you gave them consent to do so.

 

 

if they take the car, it is highly arguable that you had not given your consent when they took the vehicle (otherwise why would you deny them access?).

 

If they did repo without your consent, then the good news is that the CCA requires them to repay you everything you have paid under the agreement,

 

including your deposit - so effectively you will have had a totally free car for the time you had it.

 

 

...

 

 

so have far are you into the agreement too please

[fightingpic]

when you get around to it

can we see the agreement in PDF please.

 

 

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

 

 

and

If this is a regulated hire purchase/conditional sale agreement where the car is specifically mentioned on the agreement,

and you have paid more than one third of the total purchase price, [but check the T&C's too]

they can only repossess the vehicle with either a court order or your consent.

 

 

 

In other words, it still has to exist at the time of repossession.

 

 

if it is a fixed sum loan agreement (personal loan), no mention of the car at all, they can't touch the car,

 

they are stuffed as far as repo goes. they can't even obtain a court order for a repo,

 

the only way they would be allowed to take the car is if you gave them consent to do so.

 

 

if they take the car, it is highly arguable that you had not given your consent when they took the vehicle (otherwise why would you deny them access?).

 

If they did repo without your consent, then the good news is that the CCA requires them to repay you everything you have paid under the agreement,

 

including your deposit - so effectively you will have had a totally free car for the time you had it.

 

 

...

 

 

so have far are you into the agreement too please

 

I seem to have misplaced the agreement, unless I was never given it, the only paperwork I can find is two standing order mandates, one for car payment (weekly) and one for mechanical repairs (weekly). Can I request a copy of my agreement from them?

 

As far as I can remember it was a HP agreement and it was financed by fowlers themselves who do their own in house car finance.

 

I had paid 23 weekly payments on the agreement so it was not over 1/3 of the way through the term.

Edited February 18, 2016 by fightingpic

[fightingpic]

Update on the purse.

 

 

I went to the police station and the lady rung fowlers who spoke to her lovely.

 

 

He said he had personally emptied the car and my purse was not there.

 

 

However she was told that many people had been in contact with the car since the repossession

it could have been anyone who took the purse.

 

The police lady gave me a crime reference number and advised me to call my house insurance

but when calling them I find out I don't have personal belongings cover outside of the home

so it was not covered by my insurance.

 

 

A lesson for me to learn, dont ever leave my purse in the car in no circumstances. £250 + gone.

Fowlers also did not return small things such as car ice scraper, childs neck support, lip balm, loose change (around £3-5 that was in a box by the gearstick used for my childs tuck money for school).

[dx100uk]

sadly this type of thing seems to tally with other reports on the interweb about them and their agents.

[theoldrouge]

get all the info together, then a Formal Complaint in writing to Fowlers, lets see the agreement

 

if you do not have a copy send a cca request and a SAR for all the info, inc when default notice was sent

[fightingpic]

I posted a formal complaint, a cca request and a sar request last week.

 

The police lady has come back to me with

- they can't help with the matter of my property (purse, money)

as there's no evidence of theft and she would be unable to prove it was in the car in the first place.

 

 

The credit control guy at fowlers stated the items I said were missing and not returned to me

were not in the vehicle and himself and the bailiff sorted the property themselves.

He also said it was not company policy to log the items so there is no inventory listed.

 

The police said its a civil matter between myself and fowlers.

 

Also I have had a letter from the dvla saying the car has been tried to be registered to a new owners

and they want to know if I have sold it or reported it lost or stolen.

[dx100uk]

I think i'd have a giggle and report it stolen me self...

 

 

don't think they can repo from private property with a return of goods order

even if you've paid less than 1/3rd.

 

 

on another point.

I hope he didn't use the word bailiff?

 

 

because they are NOT

any car repo guy/firm have NO SUCH LEGAL POWERS

to that of a court Bailiff acting on a return of goods order.

 

 

did you record the conversation?

 

 

dx

[theoldrouge]

post up any info as soon as you receive it from cca request and sar

 

the first thing to establish is the agreement type, and exactly what you have paid prior to repo

[theoldrouge]

as regards taking from private land, whilst it may have regulatory implications for the repo firm

suing for tresspass would achieve very little, unless damage was caused

 

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.

 

(2)At any time when the debtor is in breach of a regulated conditional sale agreement relating to land, the creditor is entitled to recover possession of the land from the debtor, or any person claiming under him, on an order of the court only.

 

(3)An entry in contravention of subsection (1) or (2) is actionable as a breach of statutory duty.

[fightingpic]

I think i'd have a giggle and report it stolen me self...

 

 

don't think they can repo from private property with a return of goods order

even if you've paid less than 1/3rd.

 

 

on another point.

I hope he didn't use the word bailiff?

 

 

because they are NOT

any car repo guy/firm have NO SUCH LEGAL POWERS

to that of a court Bailiff acting on a return of goods order.

 

 

did you record the conversation?

 

 

dx

 

It wan not my converstation with him. The police tried to call me whist I was at work and then texted this to my phone, They wrote bailiff....

[fightingpic]

Fowlers have added a late payment to january on my credit report today too. I contacted them in December for the payment holiday which they agreed too. Argh..... needed to apply for a mortgage by the end of the year, doubt ill be able to now as they will put it as a default soon.

[renegadeimp]

Late payment charges are penalties. If they added it to the debt and that caused the debt to default, then complain LOUDLY as it is grossly unfair