Car Repossession - What law governs seizure of goods under CCA?

[legallybald]

In a situation at the minute where I have fallen in to financial difficulty and was unable to maintain payments on my car. The car had a very high APR so I have not reached the thirds rule where they would need a court order to repossess my vehicle.

I'm doing some research at the minute trying to discover what rules apply to a company taking control of goods specifically under a conditional sale agreement under the CCA. Are there any specific rules a repossession agent has to follow? Initially thought I was on the right track with the TCG Regulations but then have come to believe that it only applies to bailiffs pursuing debts under the TCEA.

Also do I have any ground to stand on if I do not receive a default notice before a termination notice?

Thank you in advance.

[R0b]

I think you have already answered the fundamental question in the title of your thread. The Consumer Credit Act 1974 governs hire purchase agreements and repossession, although under limited circumstances.

If you have not paid 1/3 of the total price of the goods, then you are not protected by that rule. However, if the creditor has repossessed the car without first terminating the agreement and issuing a default notice then that would amount to a repudiatory breach of contract and unlawful termination of contract by the creditor. You would then be entitled to compensation as a result.

The TCG Regs don't apply here.