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i am trying to help a friend who has got herself into a right mess over vehicle finance i will try to be as consise as possible - she bought a vehicle from a car dealer and it was financed through another company 6 months after having the car the company contacted her to say they had another car so she part exchanged the car she had for the second one then within months of having the second one they contacted her again (they really saw her coming!!) and offered her another car so she part exchanged the second car and took the third after taking the third car her life fell apart she lost her job, relationship, home and went to the car company to ask for help but they didnt want to know - upshot is the debt for all three cars with thier charges has exculated to over £16,000 and the finance company sent debt collectors after her they hounded her at home at work and even hounded her mother!!! when hounding her at work the collectors intimidated and forced her to sign a voluntary repossession order whilst going through her paperwork trying to help we wrote to the debt collectors and called the account into dispute after several letters asking for documents which they didnt want to hand over the original finance company recalled the debt back to themselves - although the account is in dispute and we have requested an SAR thier litigation dept are still sending threatening letters there are some things i cant get answers to so i hope someone can help
1) if the car company took each car on part exchange how come the resale of the car value was not given to my friend to pay off outstanding car fiinance as this means the car company managed to sell the car twice doubling thier money
2) should the outstanding finance not have been written off as the car was part exchanged and how was the car company able to sell a car with outstanding finance on it?
3) is it not against the law to reposses a car on third party land? as they took the car from her works private car park
4) shouldnt they have issued her with a notice of repossesion 15 days before they came to take the car?
5) they sold the car at auction for less than a third of what my friend paid for it - is there not some law saying that they should get the best possible price?
6) also as they sold it at auction isnt there a law saying they have to notify her as to where and when the auction is taking place? as she has to agree for the sale to go ahead
7) when they sold the car at auction there are charges and fees on her account for a V5, mot, and delivery - arnt cars sold at auction done on a sold as seen basis - so why did she have to pay for the items above - wouldnt that indicate that it was a private sale?
8) they have levied over £1,000 in charges which i believe are baliff charges - without a court order how can they charge her for baliffs?
i know there is alot of information here that i am asking for but i do not exaggerate when i say my friend is really on the edge over all of this - alot of what i have seen in documents does not add up to all the figures that they have put on a spreadsheet to show her account - they would not send original/copy statements - if there is other information i should know but havent asked for please add it in - i would be grateful for everything i can get
we need help as urgently as possible as i said my friend is really desperate - thank you
1) if the car company took each car on part exchange how come the resale of the car value was not given to my friend to pay off outstanding car fiinance as this means the car company managed to sell the car twice doubling thier money
2) should the outstanding finance not have been written off as the car was part exchanged and how was the car company able to sell a car with outstanding finance on it?
3) is it not against the law to reposses a car on third party land? as they took the car from her works private car park
4) shouldnt they have issued her with a notice of repossesion 15 days before they came to take the car?
5) they sold the car at auction for less than a third of what my friend paid for it - is there not some law saying that they should get the best possible price?
6) also as they sold it at auction isnt there a law saying they have to notify her as to where and when the auction is taking place? as she has to agree for the sale to go ahead
7) when they sold the car at auction there are charges and fees on her account for a V5, mot, and delivery - arnt cars sold at auction done on a sold as seen basis - so why did she have to pay for the items above - wouldnt that indicate that it was a private sale?
8) they have levied over £1,000 in charges which i believe are baliff charges - without a court order how can they charge her for baliffs?
i know there is alot of information here that i am asking for but i do not exaggerate when i say my friend is really on the edge over all of this - alot of what i have seen in documents does not add up to all the figures that they have put on a spreadsheet to show her account - they would not send original/copy statements - if there is other information i should know but havent asked for please add it in - i would be grateful for everything i can get
we need help as urgently as possible as i said my friend is really desperate - thank you
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