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Car possessed for debt which has been previously agreed upon.

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  • Car possessed for debt which has been previously agreed upon.

    Hi Everyone, this is my first post so please bare with me.

    I'm posting on behalf of my mother who has just had her car repossessed by Sherforce on behalf of Corporate and Legal who were attempting to claim the debt which she owed to her local credit union.

    The debt was £3700 and my mother had spoken with a bailiff who said they would return at a later date. After this initial conversation, she spoke to the head of the credit union who accepted a monthly repayment option and said not to worry about the bailiffs as he would handle it. This was roughly two weeks ago.

    Today, bailiffs arrived at the house demanding my mothers car (purchased around 18 months ago at £5000) for this debt. My mother spoke to the head of the union who insisted that this was not on his behalf and said that the debt collection company C+L had sent an email this morning stating that they would not be taking the car and he expressed shock that the bailiffs had arrived at our home. The head of the credit union explained over the telephone to the bailiff that he had received this email and also forwarded this to the email account of the bailiff. The bailiffs then spoke with C+L who told them to ignore this and to take the car.

    My mother then spoke to the person handling this account with C+L who claimed that he was not aware that Bailiffs had been sent out to claim the car. Upon request of returning the car, the man at C+L said that this would require a £1000 payment for fees incurred which would not affect the amount owed on her account.

    I don't really know what to do or how to act. I know that this is immoral behaviour from a notoriously immoral profession, but there was an agreement between my mother and her creditor- to the extent that the car would have been sold to pay off the debt had she not received confirmation that it would not be repossessed. This added to the email sent this morning to the credit union must give us some kind of argument to fight?

    We've never been in this situation so have no idea what procedures to follow and whether we have been treated unfairly in the eyes of the law.

    Any help is greatly appreciated.

    Kind Regards.
    Tags: None

  • #2
    Re: Car possessed for debt which has been previously agreed upon.

    Hello Braydee and welcome!

    Someone will be along shortly to help you.

    Comment


    • #3
      Re: Car possessed for debt which has been previously agreed upon.

      Can you tell me what paperwork Sherforce have left you? Did the Credit Union take a CCJ against you? Was the debt owing to the Credit Union subject to the Consumer Credit Act?

      Comment


      • #4
        Re: Car possessed for debt which has been previously agreed upon.

        Hi Ploddertom. Sherforce left a "Removal of Goods Inventory" which lists the car taken and my mothers signature. The credit union did take court action and I understand that is was subject to the CCA. I believe that C+L are acting on behalf of the court to reclaim the amount owed. A monthly repayment was agreed with the bailiff on their first visit and a further conversation with the credit union confirmed that they felt this was an acceptable figure.

        Comment


        • #5
          Re: Car possessed for debt which has been previously agreed upon.

          In what capacity were Sherforce acting as? Debt Collectors or High Court Enforcement Officers?

          Comment


          • #6
            Re: Car possessed for debt which has been previously agreed upon.

            The "Removal of Goods Inventory" lists sherforce as acting as High Court Enforcement.

            Comment


            • #7
              Re: Car possessed for debt which has been previously agreed upon.

              Originally posted by braydee89 View Post
              The "Removal of Goods Inventory" lists sherforce as acting as High Court Enforcement.
              In that case it is very important to know if the original agreement was subject to the CCA as these cannot be enforced by HCEO's.

              Comment


              • #8
                Re: Car possessed for debt which has been previously agreed upon.

                http://thesheriffsoffice.com/article...or_enforcement

                Comment


                • #9
                  Re: Car possessed for debt which has been previously agreed upon.

                  I'm not sure. Is there a way of finding this out?

                  Comment


                  • #10
                    Re: Car possessed for debt which has been previously agreed upon.

                    2 things spring to mind.

                    1. Examine the details of the paerwork from the Credit Union over the loan given - I assume it is for the sum alluded to earlier.
                    2. How was the car purchased and is it free of finance.

                    Comment


                    • #11
                      Re: Car possessed for debt which has been previously agreed upon.

                      If the debt was a loan subject to CCA, and the Credit Union used a writ of fi fa, and Sherfarce to enforce it wouldn't they be in the soup?

                      Comment


                      • #12
                        Re: Car possessed for debt which has been previously agreed upon.

                        Originally posted by bizzybob View Post
                        If the debt was a loan subject to CCA, and the Credit Union used a writ of fi fa, and Sherfarce to enforce it wouldn't they be in the soup?
                        I think this is a bridge to cross if we come to it.

                        In terms of knowing about the loan and the CCA. If it is regulated by the CCA, it will state that very clearly at the top of any paperwork.

                        The questions in post 10 are very important, so please answer them. :beagle:

                        Comment


                        • #13
                          Re: Car possessed for debt which has been previously agreed upon.

                          I have found something which suggests Credit Unions are exempt from the CCA but that is down to the interest rate charged being a lot lower than commercial lenders. However until the OP can advise on what the paperwork says we have to wait but time is of the essence as there is a chance the vehicle will be sold early next week.

                          Comment


                          • #14
                            Re: Car possessed for debt which has been previously agreed upon.

                            Originally posted by ploddertom View Post
                            I have found something which suggests Credit Unions are exempt from the CCA but that is down to the interest rate charged being a lot lower than commercial lenders. However until the OP can advise on what the paperwork says we have to wait but time is of the essence as there is a chance the vehicle will be sold early next week.
                            Would there be any reason why the OP could not buy it at the auction?

                            Comment


                            • #15
                              Re: Car possessed for debt which has been previously agreed upon.

                              Originally posted by CleverClogs View Post
                              Would there be any reason why the OP could not buy it at the auction?
                              No reason at all and am led to believe it is more common than you would think - providing of course you know where the sale will be held.

                              Comment

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