British Credit Trust Unlawful Reposession

[miliitant]

OK PEOPLE, LETS GET OUR TEETH INTO THIS ONE SHALL WE

Three years ago i had a vehicle on finance with British Credit Trust which was reposessed, fair enough, but the reposession was done unlawfully off of private land without my consent. I got into a debate with British Credit Trust and their solicitors Blackthorns over the legality of the reposession and told them to take me to court. They decided to go rather quiet after they realised i knew what i was talking about.

I am the last person to debate the legalities of the CCA 1974 with

this is what i sent them, i got the usual waffle in response then quiet for the last three years

CONCLUSION

THIS RECOVERY AGENT IN MY OPINION HAS COMMITTED VARIOUS OFFENCES WHICH INCLUDE

1/ CONTRAVENTION OF THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS

2/ CONTRAVENTION OF THE ADMINISTRATION OF JUSTICE ACT 1970 AND THE PROTECTION FROM HARASSMENT ACT 1997.

3/ VIOLATION OF SECTION 92 OF THE CONSUMER CREDIT ACT 1974

2 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 saleagreement relating to land, the creditor is entitled to recover possession ofthe land from the debtor, or any person claiming under him, on an order of thecourt only.

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

IT IS MY INTENTION TO ISSUE PROCEEDINGS IN THE CIVIL COURT FOR THE REPAYMENT OF ALL MONIES PAID AND THE REPLACEMENT OF MY VEHICLE DUE TO UNLAWFUL RECESSION OF CONTRACT AND CIVIL ACTION AGAINST THE REPRESENTATIVE FROM WRIGHTS RECOVERIES

I must inform you that British credit trust is ultimately responsible for the actions of its agents, wright’s recoveries.
I am submitting a report on this matter to the office of fair trading.
I reserve the right to include this and any correspondents in my court bundle/claim and to oblige with all pre action protocol and office of fair trading directives,do state as follows
I require a full and final response to this matter in the time line agreed. That being no more than six weeks from receipt.
No further warnings or letter before action will be sent.

Statement of Truth

I MILLITANT, believe the above statement to be true and factual to the best of my knowledge

we have other offences such as conversion, breach of statutory duty, unfair relationship, etc etc but thats for later

i am now getting softly softly letters from british credit trust mentioning the outstanding balance with if you have any complaints we will deal with them sympathetically etc

no formal demands or anything nasty , but i have not contacted them in the last three years

comments people as my attitude is TAKE ME TO COURT, which they are reluctant to do for obvious reasons

[labman]

Re: British Credit Trust Unlawful Reposession

I assume they did not go to court to get an order for repossession then?

You say it was 'on finance.' What type of finance agreement was it?

Why do you think they have contravened CPUTR 2008?

[Bill-K]

Re: British Credit Trust Unlawful Reposession

Just my lay opinion, Militant (I usually start leaning toward the horizontal about this time). One of the things I always try and do these days is ask myself the question "What do you want to achieve here ?"Getting that clarified can often make the job simpler. If you have been happy to leave things in 'stasis' for 3 years, then I guess you are not going to chase them for effectively 'nicking' the vehicle - and that they had a right to repo it. But they didn't act lawfully in the way they attempted to exercise this right, and therefore put themselves in breach of a whole bunch of law. Possession being nine points of the law, I guess you have conceded that aspect of the matter to them.

But in acting unlawfully to regain possession, they have effectively burned their right to pursue you for any more money, not least because they have breached the very act (or acts) upon which they would need to rely in that pursuit. It would seem that they have rendered this alleged debt unenforceable by their own hand !!! Shot themselves in the foot. So - if that's the case - then I guess the choice you have is to ignore them and see if they go away again, and wait until the 6 years LA applies, or go in with the legal argument which you have previously outlined to them.

On the face of it, it seems they are just 'flying a kite,' which costs them no more than the price of a couple of stamps and some stationery. After 3 years of total silence, I guess you could tr ya 'Prove it' letter - or even a 'Who are you ?' letter !!! Any more than that, and it may be seen as acknowledgement of the alleged debt. I woulod personally be inclined to keep my powder dry, and leave my quill in the inkwell. See what they come back with.

"Let him who is without sin cast the first stone" !!!

[miliitant]

Re: British Credit Trust Unlawful Reposession

the finance was hp
NO COURT. NOTHING BUT SILENCE

with CPUTR ITS

Sales methods
After sales service
Misleading Actions
Misleading Omissions
'unfair commercial practice'.

Aggressive commercial practices

This section has no associated Explanatory Memorandum
7.—(1) A commercial practice is aggressive if, in its factual context, taking account of all of its features and circumstances—
(a)it significantly impairs or is likely significantly to impair the average consumer’s freedom of choice or conduct in relation to the product concerned through the use of harassment, coercion or undue influence; and
(b)it thereby causes or is likely to cause him to take a transactional decision he would not have taken otherwise.
(2) In determining whether a commercial practice uses harassment, coercion or undue influence account shall be taken of—
(a)its timing, location, nature or persistence;
(b)the use of threatening or abusive language or behaviour;
(c)the exploitation by the trader of any specific misfortune or circumstance of such gravity as to impair the consumer’s judgment, of which the trader is aware, to influence the consumer’s decision with regard to the product;
(d)any onerous or disproportionate non-contractual barrier imposed by the trader where a consumer wishes to exercise rights under the contract, including rights to terminate a contract or to switch to another product or another trader; and
(e)any threat to take any action which cannot legally be taken.
(3) In this regulation—
(a)“coercion” includes the use of physical force; and
(b)“undue influence” means exploiting a position of power in relation to the consumer so as to apply pressure, even without using or threatening to use physical force, in a way which significantly limits the consumer’s ability to make an informed decision.

[miliitant]

Re: British Credit Trust Unlawful Reposession

My situation would be to ignore them still as no harm is being done

AS STATED

THEY HAVE SHOT THEMSELF IN THE FOOT AND THEY KNOW IT

[labman]

Re: British Credit Trust Unlawful Reposession

Agree it is best to keep quiet and let sleeping dogs lie. Another three years and it will be gone. If they push the issue it may well be gone before then. There is no doubt under the CCA from what you say that the repo was unlawful. CPUTR can,of course, only be used by one of the big bodies like the OFT, not a normal consumer. That doesn't stop you pointing it out though.

You are, IMO, on a very strong wicket, but still best to keep quiet.

[miliitant]

Re: British Credit Trust Unlawful Reposession

I agree, its just strange i get this polite letter out of the blue, nothing has changed, no notice of default sums, nothing, so i will ignore and see what the cat drags inn

GOES TO SHOW THAT KNOWLEDGE IS POWER

[labman]

Re: British Credit Trust Unlawful Reposession

I'm thinking out loud a bit here.

Just be wary of the fact they may be considering selling the debt on in full - they do an Absolute Assignment and offset the loss against tax.

If they do this, the new 'owner' takes over all rights and duties. Could this mean it may be harder to prove the original wrongdoing? Could it also be argued that as you have not acted for three years, you accept the repossession was correct, if not entirely lawful and by the book. I just wonder how a court would see this, especially if the OC is no longer in the equation.

May be nothing to worry about, but just a thought.

[miliitant]

Re: British Credit Trust Unlawful Reposession

JUST THOUGHT I SHOULD REALY START TO READ LETTERS
ITS AN ANNUAL STATEMENT




ON GOING ON YOUR POINT LABMAN

I CAN SHOW THAT THEY HAVE DONE SFA IN ENFORCING THIS AGREEMENT PRIOR TO SELLING, NOT EVEN DEFAULT SUMS

THE NEW CREDITOR/DCA WOULD THEN HAVE TAKEN ON ALL THE RIGHTS AND OBLIGATIONS OF BCT, INCLUDING THEIR UNLAWFUL ACTIONS ON THE REPO

ALSO THE LETTER I POSTED AT THE START OF THIS THREAD IS ENOUGH PROOF THAT I DID NOT ACCEPT THE REPO

[Bill-K]

Re: British Credit Trust Unlawful Reposession

Knowledge is power, indeed - but I guess as Labman has implied, experience in wielding that power is important. Perhaps you may need to put it on record somewhere that 'Passive Acceptance' or 'Acquiescence' is NOT to be implied. I suspect that some new guy has been given the job of "Here...sort this lot out..." and handed a bunch of files to plough through. "Either that, or clean out the bog..."

Bless him, he tried. Maybe just let him know he ain't gonna succeed with you. Maybe summat on the lines of "Look matey - I don't know what you're on about, but if you have a file on me, then why not read it before you waste any more of your employer's resources. Try and keep your job - it's probably the best one you'll ever have, judging by your performance so far."

[miliitant]

Re: British Credit Trust Unlawful Reposession

well he has bitten off more than he can chew with me but i think i will ignore and let sleeping dogs lie, after all its just an annual statement

who knows, maybe they are looking for a response from me to make the first move ??

in your dreams

[mystery1]

Re: British Credit Trust Unlawful Reposession

https://paulatwatsonssolicitors.word...edit-act-1974/

They have messed up big time. It seems from the facts as explained by yourself, the cca says you should get all monies returned.

M1

[labman]

Re: British Credit Trust Unlawful Reposession

Looks solid to me. It will be interesting to see what others more knowledgeable than me say.

[Bill-K]

Re: British Credit Trust Unlawful Reposession

Nice one, M1.

If you can pull that one, Mil, it will certainly make them think twice about poking a settled cess-pit with a stick, eh ? :beagle:

[SpringerSpaniel]

Re: British Credit Trust Unlawful Reposession

I would think it best to keep a low profile and try to avoid any spontaneous action which might be seen as acknowledging the debt.

If they take you to court, you can then counter-claim for the various breaches and harrassment you have described.

They will probably then offer to write off any claim against you in exchange for you dropping your counterclaim.