the car finance company repo'd my HP car from gated private dwellings - help

[mike2016]

I don't know if anyone can help me,

 

my car was repossessed today from the building i live.

 

It was in a gated parking

so not sure how they managed to get in and out to begin with.

 

I do understand that they had the right to reposes the car without a court order as i did not paid up to 1/3

 

however can they just come and take it, no default notice no notice nothing?

 

Also

they do seem prepared i think to return the car

 

when i spoke with them

they said we can work out a payment plan if i want

but i am wondering if is that easy for them to repossess the car.

 

Also what happens to things that were in the car,

 

anyone knows?

Thanks

[dx100uk]

who?>

 

 

dx

[mike2016]

the car finance company

[dx100uk]

sounds like unlawful repo to me

can we just confirm.

 

this is your private gated drive?

 

or is it say a block of flat s

but its def where you live?

so they should have already sent a default notice giving your 14 days to rectify things before the repo.

 

as for your stuff demand it back.

 

you'll also have had a repo fee charged

they cant do that get it back.

 

now these repo agents

they ARE NOT BAILIFFS

and had no right to enter and take the car either

who were they?

 

tell us about the finance too please

 

you say its under 1/3rd

how far are you in

and how many payments have you missed.

 

dx

[mike2016]

Hi, I did missed 3 payments i'm not saying that is not my fault but i was planning to make an offer to them on my payday next week. Obviously too late. When i spoke to them he said we tried to call you and you didn't answer so we did make attempts to contact you, i said but have you send me anything in writing? He said i can confirm that the correct process was followed sir.

 

Then he said that because i only have missed my monthly regular payments and i haven't entered into any sort of payment plan with them and failed that as well (not sure if that makes sense) then is not all that bad and we might be able to come up with a repayment plan and get my car back.

 

Sorry i can't remember out of the top of my head how far on the loan i need to check but is definitely less than 1/3.

[dx100uk]

load of cobblers

they must send a default notice

unlawful repo

and even more so a they entered a secured gated area

without a court order.

 

 

time to get serious.

 

 

can you answer my questions please

[mike2016]

Sorry i also should have said about the place i live.

 

It is a block of flats behind that is a big private carpark which is gated.

 

The only way to get into it is from the front entrance go all the way to the back (walking)

or with a car from the gate and you need to have the security fob to open the gate.

 

the third payment was due on the 11th

if they had issue me with a default notice

they should have allowed me 14 days i believe?

 

even if they claim to have issue me with a default notice (which they haven't)

the timing is not right.

[dx100uk]

so he tailgated someone

CCTV?

 

 

and this is the address that is registered on the agreement?

 

 

do you still have the agreement

if so scan it up to PDF please upload

 

 

so

no default notice served

no termination notice served.

powerless repo firm entered gated and private area

with no security keyfob

and took the car without even trying to contact you

which they must do and show default notice.

 

 

all of this could actually invalidate the whole agreement

meaning you get the car and aLL your moneyback.

 

 

let me go check a few things.

 

 

dx

[obiter dictum]

The only point i am having trouble with is the issue of the repo on private land.

 

Normally that would be so and they would need an order from the court but:

 

Can this car park be classed as not private although gated as it is attached to a block of flats so has access to the general public?

Something like a supermarket car park

 

Just throwing ideas into the wind at the moment

[dx100uk]

There are specific circumstances in which a finance company must obtain a court order in advance in order to be able to repossess your car.

.

For example, if the car was repossessed by virtue of a hire purchase agreement

and you have paid more than one third of the total price of the car under the agreement

then this means that the car becomes protected goods.

.

The consequence of this is that a lender is required to obtain a court order to repossess the car

– if they do not then you may well have a valid compensation claim as a result.

.

Where the value of the car is less than one third paid

or if you gave valid consent for the car to be taken

then this protection may not be available to you.

.

The relevant section of the legislation is section 90 of the consumer crediticon Act 1974

and this applies to repossessions that have taken place within the last six years.

.

In addition to being able to claim compensation for an unlawful car repossession,

where a car has been taken without a court order in circumstances that require one

.

then you might also be able to obtain a release from the liability in the contract

(for example the hire purchase agreement), which effectively means that the debt ceases to exist.

.

Compensation can include the amount you have already made in hire purchase payments to the finance company,

as well as the cash received by the finance company if the car was sold on after it was repossessed.

 

 

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

[mike2016]

I'm assuming he did try to knock the door but there was no answer after the dog barking as there was no one home apart from the dog.

I have not spoke to anyone, i have not seen anyone, i still have the keys to the car.

[dx100uk]

ah post welcome along[2 puns in one]

what do you reckon?

 

 

unlawful or what?

 

 

dx

[obiter dictum]

Butting in again with my two pence worth,

 

a court order is needed if you have not paid a third off private land.

 

It is the designation if this is truly private land that is the cause of debate being open to the general public??

 

Like i said, just throwing curve balls and exploring all options

[dx100uk]

I was more thinking of the no DN or TN issue?

 

 

dx

[obiter dictum]

I was more thinking of the no DN or TN issue?

 

 

dx

 

But then a Default notice is needed to terminate the agreement, not to repo the car

 

Has the agreement been terminated??

[mike2016]

sorry can i ask something really silly? in theory they do own the car so is not theft is it? they just take possession or something they owe?

 

no the agreement has not been terminated

at least not yet

[dx100uk]

I was under the impression they must serve a DN to repo a car even under 1/3rd

but that hey don't need a court order ?

[dx100uk]

sorry can i ask something really silly? in theory they do own the car so is not theft is it? they just take possession or something they owe?

 

no the agreement has not been terminated

at least not yet

 

 

the car is mentioned on the agreement yes?

 

 

dx

[obiter dictum]

Then they do not need a default notice to remove the vehicle unless the vehicle is on designated private property where a court order will be needed.

[dx100uk]

i would say this is private property surely?

gated

key fob entry?

 

mike 2016

 

so how does joe public get into the car park?

can they ?

 

you say the car park at the back and behind security gates

 

but access to the properties for the public is not?

[mike2016]

It's a hire purchase agreement between me and them and on the description of the goods it mentions the car.

However is very very basic.

it does not say much.

[mike2016]

There is no access to public unless somebody let you in.

 

Front door there are buzzers with the flat numbers and doors are locked.

 

Back is gated as described above.

 

I am assuming he was waiting for somebody to come in and open the gate and that's how he left.

 

But does that make it legal?

[obiter dictum]

No it will not be legal as a court order will be needed.

[dx100uk]

there we go ta.

 

 

so that invalidates the whole agreement under

section 90 of the consumer credit Act 1974

[mike2016]

not sure if that makes any difference to the argument, my flatmate just went outside and photograph the entrance of the building has a a sign that says "Private No Right of Way"

 

Also can i please ask what is the right way forward? Court Action or Financial Ombudsman?