Car due to be repossessed tomorrow. URGENT PLEASE

[dbc1702]

Ok, heres the background..


I purchased a vehicle in March 2011, (NOT NEW), I signed the CCA and other documents, the car is not secured by the CCA but by a Bill Of Sale.

I refused to pay the first and second installments as there is a discrepancy in the part exchange, (I part exchanged my older car and was guarenteed a minimum £1000)

Now, we travelled a round trip of over 100 miles to get this car, we arrived at the place at 16:55pm, by the time we left with the new car it was past 7pm, with two hungry, cold screaming kids waiting out in the car all that time, so I was getting rather edgy to get things wrapped up and get away so we could feed the kids, so i rushed through everything, just to get out of there.

The bill of sale was already signed by the witness when it came to our time to sign (Joint Finance, me and oh), there was only ever me, the oh and the sales guy, we were in a damp dingy office, he kept dissapearing upstairs to photocopy ID, and get forms printed out, and to ask this and to ask that, anyway, there was only ever the three of us present at the signing.

When we got home and I had chance to go through all the papers it turns out on the finance papers it says £1 for part exchange rather than £1000.

I questioned them about this and they said it was for tax purposes, I kicked up a fuss and said where is my other £999.00, he said your not having it blah blah blah, any way on that side I have just issed a court claim in my local small claims court fore the £999.00, I got acknowledgement of this yesterday and so did they (There reply was (we will be in touch in due course)) but I think thats for a sperate thread.

They said on 5th May that they had issued a default notice which expires on 20th May, which is the date they will repossess.

I currently have the vehicle blocked in on my land with my friends car, they cant get the car off my land without first removing my friends.

Question 1

Can they remove my friends car without permission?

Question 2

Can I go to court or something to get them to stop repossession as:-

a) The Bill Of Sale is invalid as the witness signed prior to us signing, and certainly did not witness us signing ( And he must have been an employee who signed upstairs) (They ahve provided me with a bill of sale registration number, but I have not and am unable to check this with the court in London)

b) They have failed to issue a correct default notice

Question 3)

Can I issue a new claim for question 2 or could I put it onto my claim already going through?


Please please help, am desperate

[Angry Cat]

Re: Car due to be repossessed tomorrow. URGENT PLEASE

dbc1702, for your information:

News : NDS

------------------------------- merged -------------------------------
Consumer Credit Regulation

[Angry Cat]

Re: Car due to be repossessed tomorrow. URGENT PLEASE

dbc1702,
you must stand up for your 'Rights'!

It would appear that, you have been treated unfairly. Please take the time to read through the above links that I have posted above.

And, I would also agree, the default notice that was allegedly served would be deemed to be ineffective.

STAND FIRM.

[WendyB]

Re: Car due to be repossessed tomorrow. URGENT PLEASE

I'm not exactly clear on what you have or have not received from the finance co, bailiffs or whoever, regarding the alleged repossesion tomorrow, and what stage this is all at. To be perfectly honest, at this late stage, it's too late to go to Court to stop them taking the vehicle, if indeed they turn up at all. You can't just turn up at Court in the morning and file an injunction, or get a case heard at the drop of a hat. As to whether they can move your friend's car, then yes, if they have a warrant, they can.

what I would do is this. Bear in mind that I am not a legal expert so have no idea if this is legal or not.

1. Move the car away completely to somewhere they can't see it and can't find it.Don't tell them where it is.
2.If they turn up, demand to see all paperwork and any warrant they may have.
3.Don't admit anything or get into any discussion or arguments, just tell them you will discuss everything in writing only.
4. If you can't face steps 2 and 3, then just do 1. then proceed to 4.Which is, don't be in when they call.
5. You should really have done this already, but better late than never. Go through your paperwork with a very fine toothed comb. Work out all the figures and be absolutely sure that they have not deducted the missing £999 somewhere else. i.e, have they reduced the selling price of the car by £1000, rather than showing the £1000 as a deduction against part exchange?

I don't really think withholding payment was a good idea, because you are now in breach, although it can be put right it's a pain in the butt, as you are now finding out. Might be as well, if you get the chance, to remedy the arrears, then deal with the Default Notice and whether it is/was defective later. And also seek redress later for the £1000. Likewise with the bill of sale, CCA and everything else in your first post.
Also, what are the terms? As in, if the car was repo'd, would you still be liable for any money? Or would the repossession cancel out the whole debt?
Finally, as you have already issued a claim for the £999, you should have really, in my opinion, paid the instalments and let the claim take it's course. By withholding the instalments you have in effect attempted to double your money, by both claiming and withholding.

Anyone else, please feel free to post any ideas.

[Angry Cat]

Re: Car due to be repossessed tomorrow. URGENT PLEASE

dbc1702,
please, update us on your position.

[CleverClogs]

Re: Car due to be repossessed tomorrow. URGENT PLEASE

I purchased a vehicle in March 2011, (NOT NEW), I signed the CCA and other documents, the car is not secured by the CCA but by a Bill Of Sale.

One might wonder - perhaps not unreasonably - if that was because the dealer was too crooked for any conventional finance company.

I refused to pay the first and second installments as there is a discrepancy in the part exchange, (I part exchanged my older car and was guarenteed a minimum £1000)

Unwise; refusing to pay is not a valid way to rescind a contract.

The bill of sale was already signed by the witness when it came to our time to sign (Joint Finance, me and oh), there was only ever me, the oh and the sales guy, we were in a damp dingy office, he kept dissapearing upstairs to photocopy ID, and get forms printed out, and to ask this and to ask that, anyway, there was only ever the three of us present at the signing.

Had it ever been signed at all, or had the "signature" merely been printed on?

Examine it carefully, using a magnifying glass or, if possible, a jewellers' loupe.

When we got home and I had chance to go through all the papers it turns out on the finance papers it says £1 for part exchange rather than £1000.

I questioned them about this and they said it was for tax purposes,

It's a pity that you won't have recorded that conversation, as I'm sure HMRC could be very interested to know about that.

Had the dealer reduced the price of the vehicle they supplied by an equivalent amount or have they tried to defraud you just as they seem to have done with HMRC?

I kicked up a fuss and said where is my other £999.00, he said your not having it blah blah blah

As it is unlikely to have been their first attempt at such a fiddle, it may be worthwhile to check with the local plods and Trading Standards wallahs to find out if they know about his antics.