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Advice Needed

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  • Advice Needed

    Hi all
    my dad died in April of last year, I was deemed the executor of the will, my dad had a car on finance pcp that he told me if anything happened to him I get the car, I spoke with the finance company after a few discussions they decided to class the finance as satisfied and the car is legally mine, so in this case I did my due diligence and had it checked by another representative who stated the same thing thereís no finance to pay plus my dad had paid a 3rd of the finance anyways, so I went ahead got a logbook everything was fine, then on the 24th of January a bailiff turned up to remove the car with my possessions still inside including car seats, and blue badge. They had no court order or anything eventually showed me a typed letter on their laptop, I was then advised that the finance company stated they have been speaking with me and I was aware when it actually turns out another family member is going around saying he is the executor which in fact he isnít and that there was still finance on it and it was his decision to have the car taken away, I had no idea nor have I had any correspondence with the finance company to say that they would take my car away, does anyone know what my rights are to get them to return my car and my possessions, do I need to take them to court, police say itís a civil matter like they always do I just need someone to point me in the right direction.
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  • #2
    Hi
    what is important is to sort out who is actually named as executor or executors in your dad's will. You stated you are the executor and your dad passed last April so you should have a copy of the will.
    Does the will include a term in connection with the ownership of the pcp car passing to you? If it doesn't there is not much you can do.
    If it does the will might also cover any outstanding amount on the agreement to be financed from his estate.
    As the finance on the car had not been fully paid the car remained the property of the finance company and it is most unlikely they would gift it to you
    I am surprised that the finance company took so long to recover the car.
    You should contact the company about getting your possessions back. The company inspector should have removed them before taking the car away

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    • #3
      Hi yes i am named in the will as the executor and yes its states about the car that i am entitled to it, also I was told by the finance company it was settled back in August which I have that in writing, but its like they went back on their word and spoke to a family member instead the finance company was fully aware of who I am, this what makes no sense, they had every opportunity to contact me but didnít, instead spoke to them, I know thereís something called good title but just want clarification, also Iím not allowed to talk to them by phone I have to send emails as apparently Iím not authorised which makes no sense either as I was the one who contacted them in the beginning to notify them of his death.

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      • #4
        As executor you are responsible to pay any debts on your father's estate. Is the company saying there is no finance to pay and the account was settled last August because you paid the outstanding amount? The company might have mislaid paperwork and collected the car in error. Check your executor files for correspondence, executor bank account etc just in case
        Did your dad own a property? Did you obtain probate?

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        • #5
          I was told that they had settled it as the 3rd rule and the fact thereís not enough to pay after priority bills, they now want 23k by Friday, they have all my possessions including a blue badge my mobility aids and car seats and they have now attempted to get a logbook prior to them contacting me with their offer to settle I do have it written from them in an email that it was settled, Iíve had the logbook application suspended but can I now report it as theft or interference with goods.

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