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

[obiter dictum]

I will now let you into a little secret. I had exacly this issue 10 years ago with a company called Yes car credit. They too did a repo off private property. They issued court action against me and i won, well they withdrew the claim.

 

I discovered a quirk in law that one unlawful action cannot be used to facilitate another legal action. That is the repo was unlawful so they then terminated the agreement unlawfully so the could then not sue me for any balance. They were in breach of contract.

 

I put in my defence Ex Turpi Causa Non Oritur Actio:

 

Latin: Of an illegal cause there can be no lawsuit

 

Like i said that was never tested in court as they withdrew the claim after i put that in my defence

[obiter dictum]

What you need to do now is talk to the creditor and ask them what are their intentions?? Do not mention anything yet about the repo being unlawful and show your hand

[mike2016]

They already told me that they are willing to return the car if i pay the outstanding amount or enter into a satisfying agreement with them to clear the balance while continuing to make my monthly payments.

[obiter dictum]

To be honest this is just me i would take them up on their offer and come to an affordable repayment cycle

 

You do not want to be landed with a default or even worse a CCJ

 

But that is a decision only you can make

[mike2016]

But the thing is, if the repossession was illegal then the agreement we have now does not exist .

And how can you trust a company who behaves like this?

Not making payment is a contract failure yes

but is not illegal as far as i know.

What they did is illegal!

 

Also i found an old post here on this forum similar to mine

where there was a big discussion as to whether you need to involve the police as the car was taken illegally.

[obiter dictum]

That will be up to a judge to decide. Civil courts are done on the balance of probability and are subject to the judge lottery on the day

 

This is not illegal but unlawful as we are talking civil, not criminal legislation

[mike2016]

oh definitely, i guess i'm thinking more in terms of will they let it go to the court stage?

[dx100uk]

I would doubt after this escapade they'll not want this anywhere near a court.

 

you could write them a letter pointing out the unlawful repo.

 

they might get a bit wriggly on their seats and give you a good deal.?

[obiter dictum]

I would doubt after this escapade they'll not want this anywhere near a court.

 

you could write them a letter pointing out the unlawful repo.

 

they might get a bit wriggly on their seats and give you a good deal.?

 

Especially if they were thinking of charging you for that repo

[mike2016]

Thank you so much for spending so much time to help me, i can't thank you enough, everybody who has helped.

 

I was wondering if anyone has good template letter i can use to request the cctv footage. I'm thinking what if the finance company say prove to us that the car wasn't in the street. In theory they can claim anything they like.

[dx100uk]

twill be an sar to the housing association?

you'll know best who to send it too.

 

 

dx

[mike2016]

Thank you!

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?280822-Vehicle-repo-and-s.92-of-the-cca-1974

[dx100uk]

particularly

 

 

They are not permitted to repo from any premises and that includes that of a third party.

The consent needs to be given by the debtor not the owner of the premises.

It appears that there is a remedy to breach of 92 in the Act itself under Section 132.

 

 

so

the land they repo'd from was third party land.

you did not give permission

unlawful repo.

[mike2016]

I personally think is unlawful repo as well and everyone else seems to have the same view but then i'm thinking could it be that easy, can they be so stupid?

[dx100uk]

yes!!

 

its happened so many times before

the trouble is

because they 'the industry'

do it time and time again

they feel invincible.

 

and no-one ever questions things.

 

the repo guys ARE NOT BAILIFFS

they have NO LEGAL POWERS WHATSOEVER.

 

so' they' should not of done what they 'did'

 

the finance company 'should never have employed them'

 

but because so many people simply ignore their rights

because they don't know repo guys ARE NOT BAILIFFS

they let finance companies 'get away' with it....

 

they 'the finance co.'think 'by default' they are right in what they are doing

because it happens every day without being questioned

 

they are WRONG>

 

dx

[mike2016]

I will let you guys know how i get along with this,

 

might be a quick process

might be a painful one it depends,

 

with these finance companies you never know as sometimes they can be so arrogant in thinking they are always right.

[theoldrouge]

If no damage caused then damages for

tresspass at best, plus your quantifiable

losses whilst not in possession of the car

 

However regulatory action may be taken

against the repo company as a result of your

reporting to the FCA

 

Best really IMO to rreach an amicable settlement

with the finance co

[mike2016]

The repo company was acting on behalf of the car finance company so essentially isn't both companies that need to be reported?

[mike2016]

Also my understanding was that the regulator does not accept complaints? Even if you do complain to them they will direct you to the omburdsman?

[dx100uk]

Give the FCA a ring Monday and ask

 

Do you know who the repo co. Were

[mike2016]

Grosvenor Credit Management and Investigations

[dx100uk]

god that lot

 

they usually do grab and run

on sold cars with prvious logbook loans on them.

 

well whatever you do

don't allow repo fees to be added to your bill

nor any fees whilst the vehicle was in storage etc etc

 

it should not cost you anything to get it back and arrange a suitable repayment plan

[mike2016]

I also need to confirm that and is not 100% yet

 

 

however it looks like the repo guy impersonated a court bailiff and that is how he managed to get out of the gates by threatening other residents that they would be in trouble if they don't let him out as he was a court bailiff and was acting on a court order.

[dx100uk]

oh wow

 

 

that would be great!!

 

 

got to admit

 

 

its not the first time I've heard that rumour about them

 

 

Anglia recovery used to pull the same stunt.