Car reported stolen! Please help!?!?!

[Londonguy123123]

Hi guys

hope all is well

and hope im posting in the right place,

 

i have a vehicles which have been reported as stolen, by the people who i leased from.

the lease was for 24 months, i made payments for 21months

the three outstanding payments i was unable to make due to money problems.

 

the people in question are a ltd company, not registered with FSA or anyone else like that.

i only found out it was stolen when i did a hpi check.

 

my question is can this company do this?

what can i do?

what should i tell the police?

i am willing to make the three outstanding payments once i am able to.

 

the v5 is currently under my name.

[sailor sam]

I am thinking that the police would look at this as a civil matter. I'm assuming that you have copies of the finance/lease agreements so when the police come knocking, simply show them along with the V5 and explain that you are simply in arrears.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

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[Londonguy123123]

the police have not come knocking yet.

do you think its a good idea to go to the police station and explain

rather than wait?

 

but can the lease company report the car stolen??

as ive paid 21 months, ive taxed, MOTd, and insured the car.

yes i have copies of agreement etc..

[sailor sam]

the police have not come knocking yet.

do you think its a good idea to go to the police station and explain

rather than wait?

 

If the situation is as straight forward as you have put it, then yes but take all the docs with you

 

but can the lease company report the car stolen??

as ive paid 21 months, ive taxed, MOTd, and insured the car.

 

Under the circumstances you describe then I don't think the police will be impressed as I believe this is a civil matter. They have the option of taking you to court to re-possess through the civil court so they are using the police as bailiffs.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Londonguy123123]

how you guys are thinking is what i am thinking too,

"its a civil matter"

i am just worried that if i go to the police station

the police will tell me to hand the vehicles back, which i dont want to do

as i will lose my job, and lose all the money paid

[sailor sam]

how you guys are thinking is what i am thinking too,

"its a civil matter"

i am just worried that if i go to the police station

the police will tell me to hand the vehicles back, which i dont want to do

as i will lose my job, and lose all the money paid

 

I doubt that the police will providing that you can show you have paid the amount that you have. As I say, make surer you have the lease agreement and proof of the amounts you have paid and I'm sure they will treat it as a civil matter. You see, they need a court order to re-possess as you have paid more than 30% of the agreement so from what you are saying, they are looking to the police to hopefully do the work of the civil court on their behalf. If the police act on their report, I would guess that they havn't been entirely truthful with the ;police. Could come back and bite them IMHO.

 

Another option for you to clarify my advice is to run it by CAB.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Londonguy123123]

Sam i agree with everything you are saying and understand fully, yours and mine thinking is the same.

i am just a bit shaken up with the whole matter, i have all the docs from insurance to monthly payments.

[sailor sam]

Sam i agree with everything you are saying and understand fully, yours and mine thinking is the same.

i am just a bit shaken up with the whole matter, i have all the docs from insurance to monthly payments.

 

Do as I advise and come back to tell us what happens. As far as I can see this is a simple case of a default on a finance agreement which is a civil matter. Theft of a motor vehicle is totally different.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[renegadeimp]

If you have the documents, the police can tell you whatever they like. It is the court that gets to decide the real outcome. As already said, it very much sounds like the company is trying to use the police as bailiffs.

[Londonguy123123]

can the police make me hand the car back to the company?

that is my main worry

[sailor sam]

can the police make me hand the car back to the company?

that is my main worry

 

If you have given us the story as it is the no, they can't. You have paid over 30% of the agreement so a court order would be required to re-possess. Check with CAB in the morning.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Londonguy123123]

thank you guys so much for the info you have provided and the help

i will keep you up to date

[Kiki1]

If you have given us the story as it is the no, they can't. You have paid over 30% of the agreement so a court order would be required to re-possess.

 

Can you provide a background of the 30% rule that is unequivocally recognised by the civil court ?

[sailor sam]

Can you provide a background of the 30% rule that is unequivocally recognised by the civil court ?

 

Basically the finance co need a court order to re-possess if at least a third of the original financed amount has been paid. It will be stated in the agreement to what the exact figure is. The car is deemed to be their 'property' until that figure is reached. From then on and until the final payment has been made, then a court needs to decide who possesses the car until the end of the agreement. There is nothing 'unequivocally' about it.

 

Why, are you in a similar situation?

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[blackknight]

Depends on the type of agreement, if it is a 24 mth lease/contract hire then it will be a business which wont be a regulated agreement, also when was the agreement due to finish and was the car meant to go back to the lease company.

If you are still holding on to the car after the agreement has finished and refusing to hand it back then I think they will have every right to report it stolen.

[Londonguy123123]

morning all i went to the police station last night

and the police officer agreed that its a civil matter but the stolen marker wont be removed till further inquires

[SeanG79]

If the agreement is a lease agreement as you say then I don't think the 30% rule is applicable as it would be on a Hire purchase or conditional sale agreement. The lessor will be the rightful owner until they sell the vehicle, in most cases this the end of term options are mentioned in the agreement. What title terms were agreed in terms of the lease if any in the contract, or were you due to hand the vehicle back at the end of the agreement?

[sailor sam]

Depends on the type of agreement, if it is a 24 mth lease/contract hire then it will be a business which wont be a regulated agreement, also when was the agreement due to finish and was the car meant to go back to the lease company.

 

Agreed. A lot will depend on what is written into the agreement but it would be for a county court to decide on whether the agreement was breached by the OP or not. The court would certainly consider the amount that the OP has paid off the original agreement and if the OP has only missed 2 out of 24 payments, I think the court would expect some agreement to be reached before ordering re-possession.

 

If you are still holding on to the car after the agreement has finished and refusing to hand it back then I think they will have every right to report it stolen.

 

In those circumstances yes, but the agreement hasn't reached it's full term yet as understand it.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.