Car taken yesterday

[thebaglady]

Hello

Just wanted to wish you the best of luck with your ongoing battle, i am learning so much from this site, and have realised i have a similar case against a finance company myself, they repossessed my daughters car themselves, even though she had paid over third, and from your post and the fantastic advice given to you, i now have learnt it should have only been repossessed by the court bailiffs with the warrant, and not someone from the finance company. No wonder he refused to give me any paperwork or his name etc.

 

I will keep reading, and cross my fingers for you.

[Su76]

I have asked the DCA for my money back to settle out of court, but they are still refusing me!

 

This is there response below

 

The vehicle was recovered in accordance with an Order for Delivery of Goods and therefore the requirements of s.90 of the Consumer Credit Act 1974 have been met and you are therefore not entitled to be remedied pursuant to s.91 of the Act. Please ensure that when obtaining legal advice in this matter you ensure that the person giving said advice is aware of this fact and provides you with the correct information.

However, it is regrettable that the auctioneers were unusually efficient in selling the vehicle and, whilst VW are attempting to trace the same vehicle, it is anticipated that we may not recover it and forward on to yourself. In this event we will require to return you to the same position as you were prior to the repossession of the vehicle and not, as you appear to believe, return your position as prior to the commencement of the agreement.

In order to provide such remedy, Mark has offered that we can either provide a suitable replacement vehicle for you or, in the alternative, funds to you in the amount of an equivalent vehicle independently sourced by you. Mark has also offered to write off the remaining balance which currently stands at £2,526.12. We believe that either option will return you to a position more advantageous than that occupied prior to the repossession of the vehicle and serve to provide sufficient remedy of any implied breach.

We consider this to be a highly generous offer and believe that should you make an application to Court the outcome would not be any more advantageous than the offer made and we would therefore seek an Order for our client's costs arising from and occasioned by such an application.

We would strongly suggest that you reconsider our offer and take further legal advice in this matter if necessary making your advocate fully aware of all the facts.

I look forward to receiving your considered response.

[Su76]

Hi Jogs,

 

I am just about to ring the courts to have it confirmed that the bailiff who took my car wasn't a county court bailiff!

 

If the courts confirm he wasn't a court bailiff then have they gone against section 90??

 

Thanks

 

If by it being repossessed with a court order BUT not a court bailiff it is against section 90, you can reclaim everything paid.

 

[Su76]

I have just phoned the courts, and they have confirmed they did NOT issue a warrant for a court bailiff to repossess my car

[bobcatman]

Watching

[postggj]

Hi Su

 

Thats Very Good News

 

Give A Bell When You Want To Take It Further

 

They Have Done A Repo Illegally And Its Pay Back Time

 

Stick To Your Guns

 

You Are Entitled To A Refund Of All Payments Etc

 

Go Get Em

[thebaglady]

Watching too, as i am going through something very similar.

[Su76]

I am about to email the DCA for one last attempt in asking for all my money to be refunded, but i am abit confused to the s.90 of the Consumer Credit Act 1974 it states " the creditor is not entitled to recover possession of the goods from the debtor except on an order of the court" but it does not say that it has to be a court bailiff:confused:

 

the response from the DCA from a previous email says The vehicle was recovered in accordance with an Order for Delivery of Goods and therefore the requirements of s.90 of the Consumer Credit Act 1974 have been met and you are therefore not entitled to be remedied pursuant to s.91 of the Act. Please ensure that when obtaining legal advice in this matter you ensure that the person giving said advice is aware of this fact and provides you with the correct information.

 

 

[babymakers69]

appeal it and yes complete the forms seems boring but will back you up in the future

[Su76]

I am about to email the DCA for one last attempt in asking for all my money to be refunded, but i am abit confused to the s.90 of the Consumer Credit Act 1974 it states " the creditor is not entitled to recover possession of the goods from the debtor except on an order (which they had) of the court" but it does not say that it has to be a court bailiff???(Which he wasnt)

 

the response from the DCA from a previous email says The vehicle was recovered in accordance with an Order for Delivery of Goods and therefore the requirements of s.90 of the Consumer Credit Act 1974 have been met and you are therefore not entitled to be remedied pursuant to s.91 of the Act. Please ensure that when obtaining legal advice in this matter you ensure that the person giving said advice is aware of this fact and provides you with the correct information.

 

 

 

 

Can anbody confirm this is correct???

Thanks

[Markiemark1]

Sorry for delay in replying. I would quote County Court Rules 1981, CCR 26 r 16 says

 

Warrant of delivery

 

Rule 16 (1) Except where an Act or rule provides otherwise, a judgment or order for the delivery of any goods shall be enforceable by warrant of delivery in accordance with this rule.

 

(2) If the Judgment or order does not give the person against whom it was given or made the alternative of paying the value of goods, it may be enforced by a warrant of specific delivery, that is to say, a warrant to recover the goods without alternative provision for recovery of their value.

 

(3) If the judgment or order is for delivery of the goods or payment of their value, it may be enforced by a warrant of delivery to recover the goods or their value.

 

I think it's pretty clear that whilst there's no specific provision within the CCA, there is provision within the County Court Rules.

 

Hope that helps

 

Mark

[Su76]

I have received a mail from VW agents with offer to settle, they will either provide a vehicle or funds for me to source a vehicle myself.... also the claimant will release the defendant from any remaining rights under the agreement!!!

Edited April 20, 2009 by Su76

[Su76]

Sorry for delay in replying. I would quote County Court Rules 1981, CCR 26 r 16 says

 

Warrant of delivery

 

Rule 16 (1) Except where an Act or rule provides otherwise, a judgment or order for the delivery of any goods shall be enforceable by warrant of delivery in accordance with this rule.

 

(2) If the Judgment or order does not give the person against whom it was given or made the alternative of paying the value of goods, it may be enforced by a warrant of specific delivery, that is to say, a warrant to recover the goods without alternative provision for recovery of their value.

 

(3) If the judgment or order is for delivery of the goods or payment of their value, it may be enforced by a warrant of delivery to recover the goods or their value.

 

I think it's pretty clear that whilst there's no specific provision within the CCA, there is provision within the County Court Rules.

 

Hope that helps

 

Mark

 

Thanks Mark,

 

Unfortunately, these were changed.... the Civil Procedure Rules replace the Rules of the Supreme Court 1965 and County Court Rules 1981

[Su76]

Finally over i am going to receive funds to the same amount of what they got for my car at auction, and no further money is owed by myself;)

 

Thanks to everyone who helped me, really appreciated it.

 

I'm off to study law now

[postggj]

sue

 

its your decision on this but you are entitiled to every thing you have paid for the car back at 8 % apr

 

with no finance outstanding

 

they messed up big time and they know it

 

but its your decision

[Su76]

sue

 

its your decision on this but you are entitiled to every thing you have paid for the car back at 8 % apr

 

with no finance outstanding

 

they messed up big time and they know it

 

but its your decision

 

I wasn't 100% certain off this, ive had no other advice other than on here and tbh its been dragging on for so long now... i really cant cope with it dragging on anymore, im happy with what they have offered, minus the decrease of the car price over the last 2years and it works out roughly okay.

[postggj]

as long as you are happy with the outcome, thats the important thing

 

chin up

[Su76]

sue

 

its your decision on this but you are entitiled to every thing you have paid for the car back at 8 % apr

 

with no finance outstanding

 

they messed up big time and they know it

 

but its your decision

 

Also, i have emailed a few solicitors over the last few weeks and they wasn't interested on taking it on, so i would have had to do it all on my own.

[Markiemark1]

Thanks Mark,

 

Unfortunately, these were changed.... the Civil Procedure Rules replace the Rules of the Supreme Court 1965 and County Court Rules 1981

 

I took this from the Civil Court Practice 2008 Volume 1. However, well done, I think it's a decent compromise - as long as you're happy!

[Su76]

I took this from the Civil Court Practice 2008 Volume 1. However, well done, I think it's a decent compromise - as long as you're happy!

 

Yeah happy its over, and thanks for all your help. Good luck with the degree!

[jackieandwayne]

Knew you'd do it! Why not consider going for the whole lot as practice for your law degree!!!

 

Seriously, well done.