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Jacob Smith

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  1. It is nonsense that they are unable to do anything with the account because it is now with PRO European. It's entirely their call. Persist. Speak to a manager but be nice. You can hand only your car back (known as a voluntary termination) if your payments are up-to-date and you have paid back over 50% of the total amount payable. HOWEVER, this only relates to agreements that are Regualted by the Consumer Credit Act which you state your agreement is not. If you live on a farm, ensure that the vehicle is not just on private property but inaccessible. Again, it is the Consumer Credit Act (which is not covering your agreement) that prevents repossession from private property. Unregulated agreements are not covered by this covenant because it is a term within the Act. If you put the vehicle inside a barn, they would need a Court Order to gain access to the barn. The lay debt collector is not allowed on your property, let alone inside your barn for example. Lock it away and tell him to get stuffed. He can't really do anything then.
  2. Hi discocop It sounds like PRO EUROPEAN have not bought the debt but are just licenced debt collectors. DO NOT BE BULLIED. Firstly, and most importantly, in order to repossess the car they will need to find it. Just hide it somewhere that they definitely won't find it. Leave the vehicle there whilst you contact Northridge directly and try to come to some arrangement that you can stick to. The debt collectors will be in breach of OFT guidelines if they fail to refer on to Northridge reasonable offers to pay by instalments. The debt collectors have no real legal powers, other than their powers of pursuasion. If they threaten you with the Police, ignore them as it's just an underhand trick. Tell them that putting pressure on debtors or third parties considered to be oppressive is also in breach of OFT Debt Collection guidelines. You are well within your rights to report them to the OFT. Many debt collectors have had their licences revoked lately by the OFT for wrongful behaviour such as this. Secondly, they are under a legal obligation to comply with the OFT Debt Collection Guidelines. It does not sound like they are doing. (1) They are not allowed to charge costs disproportionate to the debt (2) They can not take action intended to embarass you (3) They can not request unreasonable charges, for example, charges not based on actual and necessary costs (4) They can not visit you, unless requested, at inappropriate locations such as work or hospital. These guidelines can be found on the OFT's web site just by searching google for Debt Collection Guidelines Make their life difficult using the law - which is designed to protect you - and absolutely do not be bullied.
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