GE Woodchester/Asset Link

[nicolee2931]

I was reading a Sticky in the Brighthouse Section regarding HP agreements and the return/collection of goods.

 

Now I ask on behalf of a Friend/Neighbour who lives 2 doors up my street, who is being hounded by Asset Link.

 

He purchased a Car from a local garage and finance was provided by GE Woodchester, cutting a long story short he had an accident at work and injured his back which was a pre-existing condition. His claim on the insurance provided by the finance company for his accident was refused as he had suffered from a back complaint before his accident.

 

He managed to get into arrears on the account and as a result his car was repossesed, he had paid less than a third and this was 3 years ago. Now the car was taken from his rear garden which must be accessed via a communial locked gate to which 14 residents/owners have keys and private land must be crossed before reaching his driveway situated on his back garden, this is what I and other residents deem as not being a public place as only the residents/owners have keys to access it, see where this is going but my friend doesn't.

 

Recently my friend has been contacted by a company called Asset Link demanding £7500 which is the amount GE failed to get upon auction of the car. Now my argument is after reading the sticky on the Brighthouse thread I believe my friends car was repossesed unlawfully as the car was not in a public place when taken and a return order still has to sought from a court. My friend believes he should just offer to pay Asset Link what they ask but I say he should fight them as of my discovery today.

 

Cheers

 

Nicola

[nicolee2931]

*bump*

 

Anyone any ideas?

[N.P]

Hi nicolee,

 

How are you? Welcome to CAG, your in the best place now for all your / friends money problems. I`m not expert by any means, but will offer all the support I can and hopefully some one with a more knowing mind will be along soon.

 

Just a couple of things first though -

 

1.) Are you saying it was GE Woodchester who provided him with car insurance as well as finance for the car? If so, did they know of his condition? Because if they did, and they took payments for the insurance and are now refusing payout, that sounds like a missold insurance product to me.

 

2.) How exactly was the car repossessed? I though they would have had to take him to court and win, and then have him default on payments. Then, they would have had to return back to court for a bailiffs order to take the car away. I`m sure that`s how it works.

 

3.) Who are Asset Link in all this?

 

4.) If the accident happened at work, he should be able to claim from work. If that accident has caused him other problems, he should be able to claim enough to cover all his costs for everything. As long as it was actually works fault and not his.

 

Hopefully this will bump up your thread into the attention of someone who can start helping you on your way.

 

Regards

 

 

N.P

 

 

 

If this helps, please click my scales

[nicolee2931]

Hi nicolee,

 

How are you? Welcome to CAG, your in the best place now for all your / friends money problems. I`m not expert by any means, but will offer all the support I can and hopefully some one with a more knowing mind will be along soon.

 

Just a couple of things first though -

 

1.) Are you saying it was GE Woodchester who provided him with car insurance as well as finance for the car? If so, did they know of his condition? Because if they did, and they took payments for the insurance and are now refusing payout, that sounds like a missold insurance product to me.

 

GE provided my friend with the finance and the Payment Protection Insurance, they were also made aware of my friends back complaint at the time of completing the sale.

 

2.) How exactly was the car repossessed? I though they would have had to take him to court and win, and then have him default on payments. Then, they would have had to return back to court for a bailiffs order to take the car away. I`m sure that`s how it works.

 

My friend got behind with his payments as a result of him not being able to work, he was sent a default notice with an intention to repossess the car unless the account was brought upto date. Although he had paid less than a third they were legally entitled to collect the car without a court order, the car was taken while parked on private land to which the general public have no right of way as a key to a gate is required to access this area. I was under the general idea was a Return Order must be sought from the court before taking it from a non public area.

 

3.) Who are Asset Link in all this?

 

Asset Link are the DCA who the debt was transfered to after the car was repossessed and sold at auction.

 

4.) If the accident happened at work, he should be able to claim from work. If that accident has caused him other problems, he should be able to claim enough to cover all his costs for everything. As long as it was actually works fault and not his.

 

He has since put in an accident claim for his accident and was awarded a sum for his injuries, however this has all come to late for him to clear his account and get back the car that was repossessed, I have managed to convince my friend that the car may have been taken illegally without a Return Order from the court and have no right chasing him for the debt owed

[N.P]

Hi again,

 

I`m not sure about how repossession works really, you say they HAD A RIGHT to take it. Maybe you should check this out to be 100%. Even if they had, I think there is a procedure for doing this, without just sneaking in under darkness and dragging it away.

 

As for GE, do you have it in writing that they were aware of your friends condition at the time of the insurance and PPI sale? If so, this definately looks like a case of misold PPI, and if that is the case, you should be able to claim back ALL of your costs, possibly even a new car or the value of it. If that is case, then have will also have illegally set a DCA onto you, who have inaffect it looks like they have stolen the car.

 

Can anyone help out in this? It`s getting complicated now I think.

 

Lets see who comes up with what!

 

Regards

 

 

N.P

[nicolee2931]

Under a HP agreement the finance company can take back the goods if less than a third has been paid which was the case in this instance, however they can only do this so I was reading on another thread if the goods are accessable from a public place, normally most cars would be parked in a public place such as a road or car park and could be repossessed without any problem. In this case the car was taken from private land to which no-one other than key holders have access to, so a Return Order should have been sought from a court.

 

It states under a HP agreement that if goods are taken without a court order all monies under the agreement can be claimed back, thus in this case no debt or liability to my friend.

[N.P]

I understand what your saying, but what if another key holder let them in?

 

Then they haven`t really broken in, shall we say.

 

I think you should also check out the insurance and PPI, that definately looks like a missold product. If they had paid out then everything would have been sorted out then, but as such, that has actually started all your other problems, so you need to check it out.

 

I`ll leave this with you know, as I`m not sure how to help you from now on, sorry. But I`ll keep watching and offer any support where I can.

 

Hope you get this sorted out quickly.

 

Regards

 

 

N.P

[nicolee2931]

Another keyholder almost certainly did let them in, but to repossess the car they has to cross private land to get at the rear of my friends garden open his rear gates and remove the car. I'm almost certain that if GE or Asset Link come up with a valid CCA then this is probably the best mode of attack.

[N.P]

Another keyholder almost certainly did let them in, but to repossess the car they has to cross private land to get at the rear of my friends garden open his rear gates and remove the car. I'm almost certain that if GE or Asset Link come up with a valid CCA then this is probably the best mode of attack.

 

 

Mmmm, they may have an arguement for that. They must have had permission fro the other key holder to cross private land otherwise he / she wouldn`t have let them in. As for entering your friends garden, does the Postman not use this route or another route? It`s a case of proving they actually did tresspass.

 

I`d definately go for the missold insurance and PPI, that looks a better option than the private land arguement, but then that`s me.

 

Lets see who else looks in on this, later this evening, you should get some expert advice.

 

Right, off to nursey now to pick the little un` up. I`ll look in later.

 

Regards

 

 

N.P