return of goods order help

[birde]

hi there

wonder if anybody could help me

 

i had a car on finace in 2003 upto 2006 everything was fine

payments made on time all ok then

 

i moved away and had trouble paying the monthly installments so the finance company took me to court and got a return of goods order suspended by the court on agreement that i would pay 60.00 a month

 

everything going ok upto a few months ago when i started to miss payments

i did explain to the finance company about my hardship and they were willing to except 30.00 amonth on temp basis.

 

but the problem we have got is that the guy at the finace company who we were dealing with has left the company and are account has been allocated to somebody else within the finace company who has decided that the 30.00 is not good enough and that the way it was handled previous was not acceptable and decided to instruct private baliffs to size the vehicle under there return of goods order that was suspended

 

they're saying that we have defaulted on the return of goods order

the suspension is not valid which gives them the right to sieze the vehicle.

 

they tried to get the vehicle last week but the private baliffs were not equiped to sieze it as we were no gonna give the vehicle

 

the police arrived and said it was a civil matter and they cant get involved unless there was gonna be a breach of the peace or violence.

 

i also rang the court the that dealt with the matter and was told by the court that the finace company had to go to court before sending their own private bailiffs

 

The finace company are saying that the court is wrong and the court only wants them to go to court so that they have to pay the court bailiffs

 

the finace company said they are legally entitled to instruct private bailiffs to recover the goods when the order has been broken.

The bailiffs left empty handed and promised to return

 

its so unfair as the finace company are making this seem all black and white

there have been many problems with them down to the point that alot of are payments have gone missing and written agreement we had with the guy thats left the comapny has been broken on their side and

 

other problems i did ask the finance comapny if there willing to go to court to deal with this as its not as simple as they make out.

 

they refused to do anything except collect the vehicle

 

last night i had bailiffs knocked on the door at 9.30pm along with 2 police riot vans and a tow truck for the car

they showed no id nor any paper work relating to the removal of the vehicle

they hooked the car up and took it.

 

the vehicle was 98% paid off with the finace company.

 

the advice i really need is were they legally entitled to instruct private baliffs to recover the vehicle.

if i applied to the court now for a hearing due to the issue not being all what the finace company make out

 

can the court order the vehicle to be returned to myself until a full hearing has been heard also the car will prob go to auction very soon so time is running out on what i can do.

 

does these balliffs have to be certified to be able to lift my goods

even though they were private and not county or magistrate court bailiffs.

 

are the court right in saying that they had to go to them first before instructing private balliffs.

 

any help would be much appreciated

i have tried going down the court route

they say i need to submit forms and what not and to be honest i wouldnt have a clue in what to do and trying to find somebody to help me solicitor etc is just a awaste of time due to not many companys were i live dealing with legal aid for theses issues.

 

thanks again

 

birde

[buzby]

I'd suggest that irrespective of whether there was a 'fresh' application for possession, the fact the order was originally granted but not executed under a deferment on their part, their act of recover would be lawful.

 

At the end of the day, the company are the owners of the vehicle, and if their representative feels that the repayments are not being kept up (even though they were happy with it before) there cannot be a defence on the back of their inconsistency or the fact you're having a bad time. Since vehicles depreciate daily, the value of 'their' car is becoming less so if they feel the best policy is ro sell it at auction and pursue you for the balance, that is what they will do.

 

Debates about whether court or private bailiffs have the necessary 'right' it just a side show to the main event, which is if you cannot make the revised repayments for whatever reason, your use of the car will be cancelled and the vehicle disposed of.

[midge61]

Hi

 

You might find some useful information in this thread

 

http://www.consumeractiongroup.co.uk/forum/repossessions/150726-car-repossession-welcome.html

[Meldrew2]

Wasn't the £30 supposed to be a TEMPORARY arrangement?

 

The return of goods order was lifted based on you paying £60.

 

You then started missing payments, then halved your offer.

 

By not paying £60, you left it wide open for them to continue with the order.

Edited July 26, 2008 by Meldrew2

[birde]

thanks all who have responded to my post much appreciated

 

well these guys were not bailiffs they were collection officers hired by the finance company dont know if that makes any difference or not.

they make an agreement with me in writing to reduce payments and when the guy who made the agreement leaves the company somebody else decides the agreement that was made was a joke and set about taking are vehicle.

surely to god i must have a case the guy who wrote the agreement was acting on behalf of the finance company regardless if he left that agreement should stand.

i have told the finance company that they are getting nothing from me in respect of removal fees etc as what they did was sly.

the car was worth now about 250.00 tax is up at end of month and mot in august and there's no way it will pass another mot.

the collection officers fees x2 plus 475.00 outstanding on vehicle all for a vehicle that has no value above 250.00.

that is real good business sense to spend nearly 3x what the cars worth to get it back.

well i should of knew that car was cursed from the day i drove it from the garage got stopped by the police and had to take the vehicle off the road as the police said the tyres were dangrous so i had to fork out for 4 brand new tyres thats first day i had the car then not long after new head gasket then new engine car has been nothing but problems from day one but i am in a way glad its gone but its just the principle of the matter that really gets to me.

wonder if the finace company bosses will be very happy when they realise there staff has spent 3x more to recover the vehicle than its worth.

they are certainly aint getting a penny out of me no bloody way

 

thanks all

 

birde

[buzby]

Just some dispassionate observations, make of them what you will.

 

You seem to think that the roadworthiness of the vehicle is somehow related to the value you owe. In other words, why should you pay X amount to keep it on the road when the actual value of it is less than what is owed. I can guarantee you the bulk of vehicle loans are based on this model, as the value (or otherwise) of the vehicle has absolutely no bearing on the issue, as you'll find that you really borrowed MONEY from them, and any value attached to the vehicle is used to secure the loan. So, just because the car worth less than nothing, doesn't mean that your loan evaporates too... it won't.

 

You will remain liable for the loan, plus any late or delayed payments until the loan is paid off. Until then, your credit record will be a disaster area until 6 years after the matter is either resolved or terminated.

 

As for recovering the vehicle, this actually will work against you. Rather than be satisfied that they are wasting their money, only a fool would believe the lost would be theirs alone. Your account will be charged for the recovery costs, along with scrappage and destruction. These will be added to your account and them form part of the final calculation and demand for payment. If you don't pay, then they can take you to court or make you bankrupt.

 

Anything you can do to mitigate your joint losses should be done now - if you don't intent paying up the loan, then hand the vehicle back. Normally this would result in some residual value being credited to your account, but if this isn't likely, at least you'll save the £500-600 a sub contractor will charge to remove it. The finance house won't care, as everyone will make a profit on the deal.... except you.

[Meldrew2]

......... the day i drove it from the garage got stopped by the police and had to take the vehicle off the road as the police said the tyres were dangrous so i had to fork out for 4 brand new tyres thats first day i had the car ............

 

 

Did you actually look at the car before you bought it?

 

If all 4 tyres were that bad - why did you buy the car?