Jump to content


  • Tweets

  • Posts

    • Definitely move the cars ASAP, the bailiff will come back and clamp them, don't wait bailiffs can now call on Sundays and most Bank Holidays.
    • What should you do? Totally ignore them. Next time you are there take photographs of Athena's notice at the entrance to the car park plus the position of the others as well as any difference between the T&Cs of their signs. Also a picture of their payment meter as the T&Cs there are often different from the signs. Check with the local council to see if Athena have permission to erect signs and ANPR cameras under the Town & Country [Advertisements] Regulations -they are often online these days. Also ignore any future correspondence from them and their unregulated debt collectors and do not be afraid of ever escalating fees most of which have no basis in Law. The time to come back to us is if they send you a letter of claim where a snotty letter to them may discourage them.Also read other threads on here to get an idea of the numties you are dealing with. One amoeba has more intelligence than all the car parking rogues together. It is still worthwhile contacting Lidl even without your receipt and especially where you have a record of regular visits to them.
    • First, I'm a bit surprised that your local police force has the manpower and time to waste chasing up a complaint from a member of the public that a motability car's paperwork may not be in order, bearing in mind that most forces can't be bothered to follow up reported burglaries, if stories in the popular press are to be believed.  But if that's what the police officer has told you, that's what he's told you.   If you want to follow up his suggestion to make a complaint, check your local force's website for how to do so.  Or (bearing in mind the history of problems that you've had before) write straight to the Chief Constable (website again).   Simply say you want to make a complaint about the number of times your daughter (or whoever) has been stopped by the police for no apparent reason.  Give a list of when and where this has happened and what the outcome was (presumably that the police took no further action).  I would also add that in the latest incident the police officer actually suggested making a complaint about the number of stops.  Not only do you (or your daughter or son or whoever it is) find this police action to be extremely distressing, but you also consider it a waste of scarce police resources.   Ask for an explanation as to why this keeps happening and ask for an assurance that the police will stop doing it.   You may also want to add (see what others advise about this) that the police officer in the latest incident also told you that they had received a call from someone saying that the car's paper work "might not be in order".  Say that you are concerned that whoever made this false allegation is wasting police time.  (You may want to think carefully about this as it may not improve your daughter's relationship with her neighbour!  If the allegation came from the neighbour.)   Those are my initial thoughts but it's a bit late to be thinking clearly.  See what others suggest rather than just relying on my suggestions.   [The letter really needs to come from your daughter (or whichever family member keeps being stopped) and not you, unless you can make it perfectly clear in the letter who it is that is being stopped etc. and that you are complaining on their behalf.  Is that clear?]
    • yes I missed out an important word there didn't I 'properly' ..
  • Our picks

mike2016

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

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1094 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

who?>

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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.

 

 

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

ah post welcome along[2 puns in one]

what do you reckon?

 

 

unlawful or what?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
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??

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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 ?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites
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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

there we go ta.

 

 

so that invalidates the whole agreement under

section 90 of the consumer credit Act 1974


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

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?

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...