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Deceived by the agent


BDM
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Had my van reppo with all my work equip in, lost work! After making arrangment with the agent on fri that i make a payment which i did and anther next fri and on monday 4 am whipps my van away then denies we made an arrangementafter making payment to them ???????????

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  • 1 month later...
Bos stamped on 1st june

 

The Bill of Sale will not have given them an authority to take your tools. They must return them if they can't - then sue them!!

 

Given that the time scale of the signing and registering of your Bill of Sale appears to be within the 7 day rule - this factor may not assist you.

 

Check your Bill of Sale for other anomalies - stack up as many as you can - then consider your options from there.

 

If Section 9 of the Bill of Sales Act has not been complied with - this may help - especially where 'additional' statements have been entered that do not comply with the specified form of a bill of sale and have the effect of undermining your consumer rights.

 

Anglian UK have no right or jurisdiction to be taking your vehicle or any other vehicle without an order from the court!!! - the law says that when you are in default - they may 'seize' the vehicle - this is different from 'possessing' - the most they should have done is 'seized' it - but then they have to leave it where they 'seized' it for a period of 5 days!!!

 

('seizing' being the same as 'impounding' - ie making so that you can't move it and putting a notice in the window advising the date and time they 'siezed it')

 

If they had acted within the law and left the vehicle for 5 days - you could have applied to court (they definately should have done so to seek an enforcement order) Your application would be for a time order and to show evidence that you had made a payment - that payment alone would undermined any application they made to enforce the security.

 

Hope this posting is not too late for you -whilst it is not exhaustive it may give guidance - hopefully?

 

Apple : )

[COLOR="red"][B][CENTER]"Errors do not cease to be errors simply because they’re ratified into law.” [/CENTER][/B][/COLOR][B][CENTER] E.A. Bucchianeri[/CENTER][/B]

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