HCEO Took my car

[headinshed]

Please Help!!!

 

I have probably been a fool!!?

 

I bought a vehicle with Santander some time ago, unfortunately came out of work and fell behind. They sold on the debt to CCM, where I was making sporadic payments as when I could, as I beleive I owe the money and should pay it back.

They subsequentlty had a CCJ against me and took it to the High Court. I have since been visited by one of their officers whilst I was away on another dead end course for another dead end job! He spoke to my wife and really shook her up. I borrowed some money from my young son in an attempt to keep the vehicle and made two other subsequent payments though not to the total agreed as I couldnt afford it and had to pay the mortgage first which is in arrears and under agreement.

 

Last Wednsday a Knock on the door at 7.00am - the HCEO telling me he had come for the vehicle. I explained I needed it for work only having just got back into construction and would be able to start paying the debt down. As it was early in the morning and I had two young children asleep in bed i didn't wann't to cause a row. Being in a state of shock and pannick not knowing what to I invited him in whilst I got dressed. Foolishly i now know!!!

After again appealing. The HCEO was adamant that he was to enforce the Writ! I foolishly emptied my pssessions and gave him the keys!!!

He then took the car to a place for pick up apparently!? He left no receipt, showed me no order, though I never asked either.

The vehicle is being sold at auction and wont raise enough for the debt, It may not even be enough for the fees??

 

I now have no means of getting to work, my only saving grace at the moment is that the weather is so poor, the work has been postponed. Though I fear being let go for not turning up imminently.?? How am I supposed to pay any debts then!!?? I have let HCEO know this.

 

What is the legal psition for this and 'Levy' should i have this in writng? I still have a key and the log books, I am tempted to just go and bring it back? Who now owns the car? Would I be stealing?

 

My wife and I are in financial difficulties, I can't afford to apply for a 'Stay' Would it be successfull If we did apply??

My wife has a car which is registerd in my name but always has been for insurance purposes. She needs it for work and the children. The HCEO says he has a 'Levy' on this too? Again no paperwork.

We did have that car for sale has it happens and were going to use the money to buy a cheap vehicle for me and use any surplus to pay our other debts, Don't know where this leaves us now??

 

Apologies for being long winded but if anyone can help......?

 

I have been able to get an appointment with Citizens Advice but not untill Monday. Allas I think it will be to late if it is not allready..???

 

 

Very Much Obliged

[wannabedebtfreesoon]

Hello and welcome, would you be able to tell us a bit more about the type of agreement you had with them and the details of the County Court and High Court judgments? Did you get copies of any orders made against you?

 

Personally I wouldn't take the car back, in my opinion I don't think that would work in your favour.

[headinshed]

Afternoon

 

I'm not sure about the agrrement with Santander, Just a basic non secured from the car dealers? I have been in touch with them for a copy of the original, which they are sending out, Also been in contact with CCM who are also sending copies.

CCM say they are no longer dealing at to get in touch with the 'Sherif'? I think is the court?

Tried them other day just sent may application for a stay, not sure whether to apply, can't really afford it? Though I would if confident of working?

 

Only information I have from the Court in Northampton is a 'Judgement for Claimant' and seing as I'm based in South Wales, Guess I kind of ignored...? Though at the time I was dealing with a couple of other family crisis'

 

I have nothing and never heared of The High Court. Untill the HCEO turned up at by door a couple of months ago.

I have no Levy orders, if there is such a thing or removal orders.?

 

After doing some belated reasearch, it seems as though the notification of fees the HCO left is in correct. it does not account for any of the monies I have allready paid? Not sure if this is of any importance?

 

 

THX

[postggj]

you need to confirm if the vehicle is on finance, if so, they cant touch the car

 

was it a HP agreement

Fixed Sum Loan agreement

or a conditional sale agreement

[headinshed]

Ok Thx

 

Not sure of that. Will have to wait for the post. Though CCM did say they woul e'mail...???

Fingers crossed!!

 

Squaddie - Does it make a difference if Santander sold the debt on?

[postggj]

if the vehicle has a credit agreement secured against the car, the baliff has to return the vehicle and the levy would be unlawful

 

ccm are a firm of debt collectors

[headinshed]

Think the car is at aauction today?

Would/could they sell it if it does have credit secured against the car?

[postggj]

i very much doubt the car is at an auction this quick, that a normal baliff bovine excrament speak

 

contact santandar by phone and ask them about the agreement

 

tell them you had a car loan and unsure what agreement it was

[renegadeimp]

How much of the vehicle/loan did you paynoff?