Previous Owner's Debt Has Followed Car...

[beyondhope]

best of luck keep us informed

[ladbasford]

I would hide it at a friends garage..

[Vauxhall Girl]

repo guys came and took it....they parked across our gate all day and refused to leave without it. Said they would have me arrested cos there was a court order out for the car. Hubby said to let it go.

 

Am gutted.

[cctv engineer]

repo guys came and took it....they parked across our gate all day and refused to leave without it. Said they would have me arrested cos there was a court order out for the car. Hubby said to let it go.

 

Am gutted.

 

 

 

i think we are all gutted. this is why we say hide the car. but as your car insurance are looking into your case you might find you will be covered. did you see the court order the repo **** had ???

[Vauxhall Girl]

yes I did see it. He had a copy with him.... the young girl half my age who bought it 5 years ago and did the dirty didn't even bother turning up in court. He told me if I didn't hand over the car I would be arrested, so hubby decided to let it go. Will get hold of insurance in the morning, see what they can do. Take previous owner to small claims? Not sure.

[beyondhope]

im sorry get onto the insurance find out what they intend to do about it

[trooper68]

yes I did see it. He had a copy with him.... the young girl half my age who bought it 5 years ago and did the dirty didn't even bother turning up in court. He told me if I didn't hand over the car I would be arrested, so hubby decided to let it go. Will get hold of insurance in the morning, see what they can do. Take previous owner to small claims? Not sure.

 

 

I'm sorry to here that, i've been reading the posts and threads of other caggers, now not getting your hopes up but i think that there may be an issue here,

 

I not sure but I think that there may be a time limit on the order, i think it only runs for 12 months and must be renewed every year to the max of 6 years- I'm NOT sure, may be some one might know. I may have my wires crossed....

 

Duration and renewal of writ of execution

Rule 8

 

(1) For the purpose of execution, a writ of execution is valid in the first instance for 12 months beginning with the date of its issue.

 

(2) Where a writ has not been wholly executed the court may by order extend the validity of the writ from time to time for a period of 12 months at any one time beginning with the day on which the order is made, if an application for extension is made to the court before the day next following that on which the writ would otherwise expire or such later day, if any, as the court may allow.

 

(3) Before a writ the validity of which had been extended under paragraph (2) is executed either the writ must be sealed with the seal of the office out of which it was issued showing the date on which the order extending its validity was made or the applicant for the order must serve a notice (in Form No.71 in Practice Direction 4) sealed as aforesaid, on the sheriff to whom the writ is directed or the relevant enforcement officer informing him of the making of the order and the date thereof.

 

(4) The priority of a writ, the validity of which has been extended under this rule, shall be determined by reference to the date on which it was originally delivered to the sheriff or relevant enforcement officer.

 

(5) The production of a writ of execution, or of such a notice as is mentioned in paragraph (3) purporting in either case to be sealed as mentioned in that paragraph, shall be evidence that the validity of that writ, or, as the case may be, of the writ referred to in that notice, has been extended under paragraph (2).

 

(6) If, during the validity of a writ of execution, an interpleader summons is issued in relation to an execution under that writ, the validity of the writ shall be extended until the expiry of 12 months from the conclusion of the interpleader proceedings.

 

RSC ORDER 46 - WRITS OF EXECUTION: GENERAL - Ministry of Justice

 

Not that up on this, but a BIG IF...

 

Anyone comment...

 

trooper68

[Vauxhall Girl]

Thanks for stopping by with all that, Trooper. The court order was in date.

 

On a more positive note, my car insurance legal team have appointed me with a solicitor, so am hoping i can get my car back, or some money, that way.

 

Will keep you posted.

[Vauxhall Girl]

could anyone please point me to the right section of the Consumer Credit Act 1974 that is relevant to my situation? Tried looking it up myself, but it has 190 sections!

[trooper68]

Thanks for stopping by with all that, Trooper. The court order was in date.

 

On a more positive note, my car insurance legal team have appointed me with a solicitor, so am hoping i can get my car back, or some money, that way.

 

Will keep you posted.

 

 

I may mean that the order must run concurrant from the first order-if they just got an updated one from 6 years back-it may be unenforcable- 6 years... so they may have taken the car unlawfully, i think they need to start a new court action to repo the car...

Its worth checking with the SOL...

 

 

trooper68