Repossession Urgent Advice

[dottymcdotty]

Really need urgent help.
Have a suspended return of goods order on car. Only few months left on contract and payments up to date.
Collections agent turned up this morning to take car despite payments being up to date and proof.
Blocked car in so agent couldn’t collect but he said he will be back is the awful finance company are saying he must collect the vehicle!!!
what can I do to stop him?
i have proof of payments and that they have been kept in line with the suspended court order. I can’t afford to lose the car!
can they do this so easily?
really need some urgent help!
Thanks - very anxious over this!

[Amethyst]

Have you spoken to the finance company since the collection agent turned up?

[B4zza79]

I’m Dotty’s other half, the finance company haven’t replied to any correspondence. The collection agent has got a settlement figure apparently! Why they wouldn’t send it to us I’ll never know. There are only 3 months left on the agreement and it would appear that this is their MO from reading other posts regarding them.

[Amethyst]

What finance company is it ?

R0b ?

[R0b]

Hello

Just to clarify, by a suspended order you mean that you have an order from the court saying that any repossession of the car is suspended? Are you able to provide a redacted copy of that order so we can see exactly what it says?

The Consumer Credit Act says that if you have paid 1/3 of the goods then the finance co. cannot re-possess the car without an order from the court. If the Court has indeed ordered that the right to repossess the car is suspended, then the finance co. will be in breach of that court order and liable for damages as well as breach of contract.

When you say you have correspondend with them, was this by email or letter or telephone and what exactly have you said to them, have you provided a copy of the court order confirming suspension.

Who is the finance co.? It may be that they are banking on you allowing them to take the car and not doing anything about it. I'm afraid that if they do take
possession of the car, the only way of getting it back short of the finance co. returning it (which they may do to avoid paying damages) is to issue legal proceedings against them for damages for loss of expectation and/or bargain - that would mean damages to the value of the last 3 instalments and then further damages to the market value of the car, plus any other damages that you might be able to claim such as trespass, unlawful interference with the contract etc.

The collection agent is merely acting on behalf of the finance co. so it is their responsibility and owe a duty of care to you.

[B4zza79]

Email correspondence only so far as we wanted it Documented. The company is Moneybarn. I’m not sure if it was a suspended possession order or a RoGo. She’s been in contact with the collection guy and provided the same evidence and proof and he seems really reluctant to collect the car but that probably won’t stop them. I can confirm that all payments are up to date, so I really don’t know what they are playing at. Just to add the collection agents stated that they’ve done this quite a lot over the past few months

[R0b]

Without seeing that actual order then we can only speculate.

Moneybarn are a pain in the backside and if you haven't already, you may want to take a read through this thread which, although slightly different facts, the Moneybarn eventually backed down and agreed the return of the car. The same principle in the linked thread above applies to your situation provided that what you are saying is correct.

MB are a pain in the backside and rely on the fact that consumers are not knowledgable on their rights. So if your partner is confident that she has in her possession an order from the court confirming that any repossession order or request or right has been suspended, then she should be on fairly solid ground.

I appreciate that she's worried she will have the car taken away but there's not much you can do if that happens however, MB will be liable for any losses that follows. This is why it is important that if your partner hasn't already done so, she needs to put MB on notice of the following:

a. There is an order from the court confirming that any repossession is suspended. She should include a copy of that Order as part of the email or correspodence. They should immediately instruct their collection agent to leave your property. You should also remind them that breaching the order will be deemed contempt of court for which you reserve the right to bring proceedings in addition to damages following the unlawful breach.

It would also be useful to know the background to all of this as you've provided little information. Is the agreement still alive or have MB terminated it following a default notice? Was any default notice ever served on your partner?

Whilst I'm giving some direction, it's difficult to give precise assistance because depending on the current position and what's previously happened, your partner's rights might differ.

[B4zza79]

Here is the order

[B4zza79]

After much to-ing and fro-ing between us and MB they have admitted they have the payments in their account and that they were “a little hasty” instructing agents. They now have added agents fees to her balance (pretty sure it illegal) and have thrown out her complaint as they haven’t done anything wrong in their eyes. I seriously think she should approach the FOS. Do you think seeking legal advice too?

[R0b]

Make a formal complaint to MB then take it up with the FOS however I am not entirely sure they will accept jurisdiction because presumably the agreement has now been terminated, therefore it would seem to be a matter for the court.

If MB were in the wrong and did not check the accounts to verify that the payments were made then they should be bearing the loss. Not only that, she should be seeking a reasonable sum of compensation for threatening to come and remove the car i.e. harassment but thats a decision up to her.

Has the car actually been taken at any point?

[B4zza79]

A formal complaint has been made but rejected. We still have the vehicle. I get the feeling they are trying to get the vehicle back and make more money as well as making it look like we have broken the agreement