Repossessing A Car

I have a good friend who is a car dealer. He needs to repossess a car, but specifically wants the actual car, NOT the monetary value of the car.

Default Notices have been served correctly, so the question now is does he start applying for a Court Order using a N1, a N208 or is there something totally different he should be doing to get the court order.

Sorry, but I know next to nothing about court proceedings, so all help gratefully received. :beagle:

[bluebottle]

Re: Repossessing A Car

It will depend on how many payments have been made and what type of finance agreement is in force. I've looked at the N1 and N208 and, tbh, these appear to relate to monetary claims. I find it a little odd he should want the actual vehicle and not the monetary value of the vehicle. An enquiry at the local county court should point him in the right direction.

[labman]

Re: Repossessing A Car

The problem is the person in possession of the car has no money, so pursuing a monetary claim is pretty futile. The actual car is worth more in the situation.

I know if he has paid less than one third of the payments (HP agreement), the vehicle can just be repossessed as long as it's not on the debtor's own property. Above that there needs to be a pre-possession notice which I believe to be the same as a DN, then a court order.

How to get this court order is were I'm getting stuck.

[bluebottle]

Re: Repossessing A Car

Do you know if it is an HP agreement or a credit agreement? That will determine which route your friend goes down. I still say that your friend would do best to contact his local county court and ask them which is the correct form he requires to apply to the court for repossessing the vehicle. He could also contact Trading Standards and ask to speak to a specialist TSO who deals with financial matters. In cases such as this, I find that it pays to do things "by the book". That way, there is less chance of it coming back and biting you on the bum.

[labman]

Re: Repossessing A Car

Yes, it's HP. As for your other point I read the CCA again last night, and if my friend gets it wrong, effectively the debtor gets the car and all his payments to date refunded to him - very draconian, so it certainly needs to be done right.

From what I read, court clerks have a habit of misadvising on this issue, so TS may well be a good way forward. TBH, it's probably something he needs to take professional legal advice on. I was just wondering if anyone here knew the definitive answer.

[bluebottle]

Re: Repossessing A Car

TSOs can be very helpful, Labman. In my experience, they prefer traders to approach them for advice and get things right, rather than them having to wade in and sort things out when a trader gets into a pickle or fouls-up. Same with HMRC VAT Section.

[labman]

Re: Repossessing A Car

For anyone interested, after much digging I think I've found the answer here:

http://www.justice.gov.uk/courts/pro...les/pd_part07b

and here:

http://www.justice.gov.uk/courts/pro...art07#IDALCXDB

All I want to do now is contact the County Court to see if there is a specific form on which to do all of this.

[bluebottle]

Re: Repossessing A Car

Pleased to see you have the answer you need, Labman. All you friend needs to do now is, as you say, contact the local county court for the reference number for the correct form to start the ball rolling.