Attempted Repossession Today HELP!!!

[MooDoo10]

Hi there, I've been trying to read as many threads as I can (very useful btw!) but wanted to give my own story to double check that I have got the facts straight.

 

I took (regulated) finance out on a Peugeot through Peugeot Finance in June 2007.

 

Figures as follows:

 

Deposit £300.00

 

Amount of Credit: £8,335.00

 

Total payable £10,467.73 (11.2%APR)

 

Payments were £247 per month and were paid on time for at least 24 months, not including any PPI payments.

 

 

In December last year I was made redundant and claimed for this and got all the repayments paid for by the PPI on the policy until May 2010.

 

Unfortunately, May was the month that the final lump sum of just under £2,814 became due as it was a 3 year finance agreement. I was still unemployed and obviously unable to find this amount so offered to pay £50 a month until I got a job, which was in August. This was refused.

 

I then offered to pay £150 per month when I got my first pay cheque plus an extension of the term (I obvs have other debts I'm trying to sort too) but this was refused too.

 

I then offered a lump sum of £500 (which a friend kindly offered to lend me off her credit card!) and still pay the £150 per month on top, but again it was refused and each time they just said they wanted the full amount or it was going to court. In the meantime the case was passed from Peugeot to Anglia and they wouldn't budge on the 'full payment or nothing' idea either.

 

I decided to await a court letter and see if I could pay monthly following a court hearing and as yet haven't heard a thing.

 

However this morning my mate rang me at work to say that someone was outside her house trying to take the car! (Sods law that today was the day I got a lift so hadn't got the car at my workplace, as they don't know where that is!)

 

Luckily the car was parked on my friends drive (as she was going to borrow it later in the day) and when she answered the door she pretended to be the householder's babysitter and that she had no idea about the circumstances or where I was. She obvs didn't give them the keys or anything. He said that he'd come to take the car and if necessary would smash the window to gain access.

 

My friend asked him if he was allowed to do that as it would be trespassing and he said that yes he is. She then pretended to ring the householder (which is herself IYSWIM?!) and then came off the phone and told the guy that he was not to touch the car as it is on a private drive so it is trespassing.

 

He (to be fair to him) wasn't at all ars3y and just said 'I don't really wanna damage it so I'll leave a contact number - can you make sure she calls me'

 

So, first of all,

 

I have had NO court paperwork whatsoever and this visit was totally unannounced

 

He had some paperwork in his hand with some details on but never said where he was from or never gave copies of any paperwork either., just put his phone number on some paper.

 

If it is parked on the driveway of a house that the car owner doesn't live at is is any more serious than taking it off a drive that does belong to the owner?

 

If it were to be 'blocked in' by someone elses car does that make it harder for them to take it? (It's a one car drive so the 'other' car would be on the road)

 

I can actually now borrow the full amount (albeit on a friends credit card) - is it worth offering that or leaving it to go to court?

 

I'm really stumped as to what to do - I'm going to be 'moving' it to a friends drive 5 miles away for the weekend as I can use my friends car, but will have to put it back on the drive by Sunday evening,what if I wake up Monday morning to find it gone? Can they take it without first checking that I am at home?

 

How do they take it with the steering lock on anyway?

 

What if I krooklok the gear knob and handbrake?

 

What's the earliest and latest these people can come round?

 

Do the PPI payments count towards the 'paying a third or more' tally?

 

HELP PLEASE!!! I know that there are loads of threads about this on here but I'll be at work all day tomorrow and Sunday so won't have time to read them all and I don't know when these guys will be back.

 

Thank you in advance for any help or advice x

[wannabedebtfreesoon]

Hello and welcome to cag First things first, do you know what type of agreement you have? Hire purchase, PCP etc? Also could you check the agreement and see what it says about repossession and your right, if poss scan and post it up minus personal details.

 

Have you received any default or termination notices from them??

 

If I were you I would start taking date stamped photos to show the car is on your drive, just in case. No matter what happens they are not permitted on your premises without permission.

[MooDoo10]

Hi, thanks for taking the time to reply - I was hoping you would be one of the 'repliers' cos I know you are one of the 'experts' on this subject!

 

I have got a HP agreement regulated by the CCA 1974 which I can't scan at the mo cos scanner is being divvy! Typical!

 

However there is a small section on repo rights which states that "If you do not keep to your side of the agreement but you have paid more than a third (£3,489.24) then we cannot take the goods back against your wishes without a court order. If we do take them back then you have the right to get back any money you have paid under this agreement"

 

I have had 'some' letters from them but to be perfectly honest I got all stressed about the situation so they are in a drawer somewhere, yet to be dug out! They were all opened and read though and I have got 2 to hand - one from Peugeot finance on 6th Aug asking me to contact them regarding arrears (which I didn't - head in the sand and all that...) and the other from Anglia saying that they have been appointed as managing agents for Peugeot and that they have appointed a 'field agent' to visit me and discuss the options available. Which didn't happen.

 

My first contact with Peugeot was an email to them on 5th July explaining my circumstances and asking to pay in instalments, which was flatly refused.

 

I then did the 'head in the sand' thing and ignored the letters until 10th September when I emailed Anglia on 3 or 4 occasions with the various offers to pay in instalments (each time offering to pay a bit more than offered the last email - ending up with me finally offering to continue paying the original £247 per month) and explaining that I was now employed again. Each time they put my proposal to Peugeot (Banque PSA) but they refused and then said my file was being 'closed for escalation' on 30th September unless I returned the car voluntarily. They then said that if the file was escalated then the next step was 'likely' to be from an agent regarding repossession.

 

Here is a copy of the first email from Anglia on Sept 20th - others available if required? :

 

Hi .....

 

I am Gary Millar and I work for Anglia UK who have been appointed by Banque PSA, Peugeot Finance, with regard to your account.

 

I have now taken over the file and will be dealing with it until a conclusion is reached.

I read in your email that you want to keep the vehicle but would need to pay in monthly installments rather than a lump sum.

What level of payments are you proposing ?

Usually Banque PSA require the full amount or the vehicle returned, but if you can settle over a suitably short timescale there may be a possibility of arranging this.

There is no guarantee any plan will be accepted.

If the plan is rejected then the options will stand as the full balance of the account payable or the voluntary surrender of the vehicle. A further option would be to do nothing at this stage which would be likely to result in legal action being taken.

Being as I didn't want to surrender and obvs couldn't pay in full I chose the latter option as suggested by Mr Millar, but haven't had any 'legal' letters or documents at all.

 

In addition I have just typed up a letter stating that I know my rights with regards to the car being on a private driveway that isn't mine, (so the householder doesn't give permission for them to be on there either) and that I have paid over a third so according to Section 92 etc etc they can't take the car. I am thinking of putting this inside the car on the window, maybe also with a copy of the Repo bit on their agreement.

 

Good idea or not?

 

Also, does any legal paperwork come by recorded delivery or handposted etc? Just curious in case something got lost in the post.

[jimdev1976]

I an not an expert in this however have helped a friend out years ago with someting similar. Looking at he agreement the part thats states the following really says it all-

 

If you do not keep to your side of the agreement but you have paid more than a third (£3,489.24) then we cannot take the goods back against your wishes without a court order. If we do take them back then you have the right to get back any money you have paid under this agreement

 

I presume you have paid more than a third, in which case they admit they would need a court order to take back the car, unless of course you voluntarily hand the car back, which i presume will entail intimidation and threats of baliffs, police, etc. As it states above if they do take the car back, you would have the right to claim all your money back.

 

As wanneebee states, take time stamped photos showing your car on your private property, don't leave it on the road side. It goes without saying that you should keep it locked and with a steering lock on it. It may be worthwhile keeping a camera if you have one spare near the door/ window to the front of your house, or buy a disposable so if anyone does attempt to take it take photos and call the police. If they attempt the court route you will have plenty of time to defend this in court.

[postggj]

if you have paid a third off the agreement then they need a court order to repo

 

they cant take a vehicle off your drive etc

 

WITH OUT YOUR CONSENT

 

LOOK UP S.92 OF THE CCA 1974

 

EVEN WITH A COURT ORDER, ONLY A COUNTY COURT BALIFF CAN REPO,

 

NOT A REPO AGENT

[buzby]

However, as they know where it is - you're not going to get much sleep as they could bring in a recovery truck and lift it away. I do not see any relevance it it being in someone elses driveway. Tresspassing to lift and remove the vehicle will not cause them to lose any sleep. It would make much more sense - assuming you wish to retain the vehivle, to move it somewhere else so they're back to square one - this way you and continue to negotiate whilst still in posession.

[Hadituptohere]

Hi guys at the risk of hijacking some urgent advise required here

http://www.consumeractiongroup.co.uk/forum/showthread.php?265833-Help-Plz-Regarding-Default-Then-Termination-But-Still-Taking-Payments/page2&highlight=

 

Hadituptohere

[rhattigan]

They were not there to take the car , they were there to collect the arrears or obtain a signed VS , . they will not touch the car without a court order, as to do so would been deemed an unlawful repo , and you would then be entitled to every penny you had paid on the car being returned to you.

 

If you choose to go down the legal route , you would be summonsed to appear , so you will be fully aware of everything going on .