"Repossessed" but no debt! How?

[guavaman]

I'll try to be quick:

Bought car out of own pocket from on-line dealer (initial deposit via Visa debit, balance paid by on-line bank transfer when order complete - funds confirmed in their account); messed around with delivery a few times so eventually went to their offices and took collection of the car 1 May 2008. Licensed with DVLA and given the disc and V5.

 

2 weeks later (15 May 2008) dealer goes bust!

 

Month and a half later debt collector contacts us - dealer got the car "without consent" from supplier; supplier wants car back. Explained our position, happy to pass on proof of payment but not giving to unknown 3rd party. Sent collector a fax stating our position - Collector happy with my position and closes records but tells me beware other agents who may just take it.

 

Our solicitor sends letter to supplier disputing their claim. They refuse to drop the issue, and inform us that they placed the car on HPI (on 15 May 2008) and will pursue.

 

3 Oct 2008, other collectors come and take the car while we were out.

Off to lawyer, contact supplier again. Supplier sends us the "terms and conditions" between themselves and on-line dealer. Also sends us the invoice for the on-line dealer dated 8 April 2008.

 

Now we need to decide to litigate (EXPENSIVE)!!!

Issues:

1. No one will give us a copy of the Repossession order (collection agents tell us to phone the supplier - they have been instructed not to hand it over)

Supplier won't give it to us either.

2. Can you have a possession taken away from you when there is no debt involved? Doesn't a judge need to make a ruling that one of us (supplier or us) owns the car and then the car is taken by order of the court. How did they organise a "repossession"?

3. Collection agents initially claimed that they had 2 documents: One being the order, the other being a finance contract between my wife and the supplier - not in a million years does that exist! When we phone back and ask for the amount that is supposedly outstanding, all of a sudden there is no such contract and we get told to contact the supplier again.

 

Anyone got any ideas?

 

Many thanks

[mich7k]

bump someone please help

[cat100]

You need to find out which court ordered possession (if they did?).

Who actually owned the car, dealer or supplier?, if supplier was never paid for the vehicle then the goods belong to them,which will state that in their terms&conditions.

But the court order must have had your details on it,if so you should have notification from the court of poss hearing?

You are best communicating via letter,phone calls mean nothing in court.

If the supplier refuses to give court order, and other such documents, then you have a case for court.

Also it may be a good idea to get your name on the creditors list of the dealer that has gone bust,you may get something back.(Looking at the dates it may be to late to register an interest)

[TheChancellor]

Was it definetly a debit card you used for the deposit?

 

I know hindsight is wonderful but it's a pity you didn't use a Visa CREDIT card as I'm sure that I've read that section 75 applies to the deal even when you only used the card for the initial deposit & the CC company continue to be equally responsible.

 

I think pressing them on the Court Order is the route to go.

What was the timescale between the first DCA saying they wouldn't persue & the second one re-possessing?

 

Not sure how quickly they can get a court order at the minute but I know the courts are chocker.

[guavaman]

Thanks for the responses. No sadly it was not a CC otherwise you are right section 75 of the CC act would have covered us - oh well, next time.

 

As for the documents re the repossession - it did not come through the court at all. I got hold of the "Repossession Order" from the company that instigated the action (i.e. the supplier of the car dealer) and guess what they gave me?

A letter which says: The dealer took the car without paying for it and without their consent, they quote a section from the sales of goods act re title to "prove" that they still have title, they offer us advice on how to get our money back via the CC act, and then they tell us if we settle we can have the car back.

That's it! No company letter-head, no solicitor-generated, no official stamp or any markings of any sort, just a typed letter that could have come from anyone.

What has happened here?!

 

BTW: As soon as I mentioned to my police that some guys with a "paper" were at my house and were taking my car they said "it's a civil matter". They didn't want to hear that I hadn't seen the paper (I was at work at the time), that we had receipts for the car, that I didn't know who these collectors were. Nothing...

 

Can a possession be taken under these circumstances?

I assure you that I am not leaving any details out. It's as simple as this:

Some company claims to own my vehicle because of something the dealer I bought it from did or didn't do; writes me a letter to tell me this, and then uses that letter to set in motion a "repossession".

 

What is up with that?!

 

Anyway, ta for the advice I will see about getting in line with the administrators.

But one thing I want to know - if the vehicle is theirs, don't they need a court to have said so before they take it away from me? And now that they have taken it without going to court what can I do?

[TheChancellor]

I'd go back to the police & report it as suspected stolen.

 

I would have thought that they needed a court order but let the police do the legwork.If you had done the same thing then they would have been round to see you sharpish.

 

If the dealer didn't have the right to sell it then they might have committed some offence.

 

Also ask the police if you are still the registered keeper.