Tweet
Help after some clarity
- on the 6th of April 2023 my dad died suddenly
- it was believed to be he had a car finance although technically I’ve seen zero evidence of this
- i became the sole executor via his legal will
- I contacted Hyundai finance who said they would be in touch never did
- i sent them the Will in June 2023 they just said it was full and final asked for id they said documentation was e signed I don’t know as I’ve not seen any evidence.
- On August the 8th I received this Email from them they are trying to say it’s manufactured and not sent by them
- I took the car over on the 25th of August 2023, Recieved Logbook September 2023
- paid for car insurance tax mot in December
- January 2024 a man knocked on the door saying he was a bailiff no Id no paperwork nothing said he was going to lift it off of a private driveway from a place I don’t reside, for a debt that’s not mine.
- the vehicle is exempt goods due to being used for disabled.
- they have taken it to an unreasonable distance
- today they informed me that they are going to sell it with my possessions inside
- they state that I can’t use hp act 1964 section 27 because I was gifted the vehicle they are stating disposition isn’t a gift.
- the agreement was apparently terminated on the 13th of September 2023 although I’ve not seen any proof of this do I just take their word for it?
- my understanding is that as there was no finance ( even though I’ve seen no contract) as it was settled and it wasn’t due to be bequeathed it goes to the residual Beneficiary to deal with who then offered it to me as a gift this is what I’ve been told to be known as a testamentary disposition, as I wasn’t aware of finance as I’ve seen no actual proof so surely I can be covered under Hp act of 1964 section 27, Tort of interference act of 1977, the vehicle is exempt goods, and it was taken to unreasonable distance i believe Colchester from Surrey is a very unreasonable distance, they also failed to issue a default notice, termination notice, a notice of intention, and court hearing for repossession, one minute they are saying they followed their policy the next it was someone else’s decision, then they backtracked on that.
- They are now threatening me with court action if I don’t drop my case in asking for the return of my exempt vehicle.
- am I wrong in thinking that they know that I am right and sufficient evidence compared to their zero evidence that they know if I take it all the way to the court they will be forced to hand it back plus compensation for the deprivation of my exempt motor vehicle.
Comment