Repossession of HP

[otee]

I would appreciate any advice on this matter. I was visited by debt collectors at 02:00am who stated they had a court order to repossess my vehicle. They turned up in a van, clamped my vehicle and asked me to empty my car as they arranged a tow truck to lift it.

I asked to see the court order and the debt collector kept pointing at his iPhone saying he will email it to me. I kept asking for a physical copy and they said they will send me a digital copy. I asked when, and they said the office would do it in the morning. I wasn't keen on having a lengthy conversation so I told them if they had the powers to do so, to lift the vehicle.

At 08:00am I woke up, the clamp was still on the car and the debt collectors had left. There was nothing identifiable left near or on the car, there was no contact number, no immobilisation sticker. I needed the car to take my ill partner back and forth from hospital, so I arranged a locksmith to come out and take the clamp off. The clamp was removed and I have arranged it to be kept somewhere safe.

At 11:00pm they returned and the debt collector emailed me from his outlook.com email and said that they reported the car stolen and criminal damage to the clamp and to call to arrange collection. Since then they have come at 4am every night knocking on the door.

I sought some advice and the charities are recommending that I give the car back to the debt collectors, as they can report it as stolen and I could be arrested. I still don't have a copy of this court order, and nobody has contacted me since this. However, I did check online and the vehicle has been listed as stolen. I called 101 and they will arrange for the officer investigating to contact me.

Is there anyway to get the possession order suspended? They issued it to an address which I haven't lived in for 3 years. However, I was very easy to find and had up to date address on voters and credit report. Any advice is appreciated, many thanks.

[R0b]

Hello

I have a few questions to help us identify next steps.

- Have you not got a copy of the repossession order? Might be helpful to upload that order with your personal info redacted to see what it says.

- Did you update your details with the finance company when you move, as this could be why it was issued to your old address. You should probably call them to update your address and contact information.

- Have you paid at least 1/3 of the total price under the HP?

- I would suggest you make a subject access request when you update your details and ask for all paper and information pertaining to the agreement. I suspect if they are seeking a repossession order then they would have terminated the contract for non-payment, unless you're saying you are up to date?

[otee]

I haven’t yet got any copy of the repossession order. Would it be a good idea to reach out to the lender and update my address’? I applied for Breathing Space and I have been granted 60 days of non-enforcement. I am considering going on a DRO which means selling the car, but I can’t sell it if the police are dealing with this as a criminal matter.

[otee]

In response to the administration side of things, I have paid over 60% of the car. The car is valued £15k at the moment and there is £11k outstanding. The car was bought for £22k 3 years ago.