car repossesion need help urgently

[maverick9]

hi

i have a friend who bought a car on finance - the payments were made with no problems

 

- 6 months after she traded it in for another vehicle financed through the same company

- although the car sales place took the car back and gave her another one

the outstanding finance was just added to the next car so the debt increased with all sorts of credit charges

 

within a couple of months the car sales company contacted her to talk her into exchanging her car for another "better" car

 

again the car company took the original car back and sold it but the outstanding finance was again carried over to the third car

 

the debt now totalling over £16,000!!!

 

she is was paying for 3 different cars - then her life fell to pieces - she lost her job relationship home etc

 

she went to the company she bought the car from and asked for help but they refused to help

- she went into default and they hounded her and her mother and hounded her at her new job (which resulted in her losing that job!!)

 

they intimidated her into signing a voluntary reposession agreement

- the finance company then passed the debt to a collector who hounded her constantly

and have increased her debt by over £1,000 in charges

 

- i have been trying to help and we have written to the finance company and the collectors

- once we began to dispute the whole situation the finance company took the account back from the collectors

 

- at the moment we are waiting for an SAR response (which i dont think they will do as the 40 days are nearly up).

 

but i have a few questions which i cant seem to find answers to

 

1) when the cars were part exchanged why wasnt money from the resale given back to my friend to pay off outstanding finance?

as this means the car company have had two lots of money for the one vehicle

 

2) when they forced my friend to give up the vehicle it was taken from her works private car park

- i thought a vehicle could not be repossesed from third party land?

 

3) when the last car was sold at auction they did not inform her they were doing so

- i thought under the CCA they had to inform her of where and when it was going to auction

 

4) i thought they had to issue a repossession order at least 15 days before they were going to attempt to take the vehicle

 

5) i thought it was against the law to sell a vehicle that still has outstanding finance on it?

so how did they manage to do this through all the exchanges of the vehicles involved.

 

6) although we have said this account is in dispute and asked for an SAR

they are still sending threatening letters from thier litigation dept

- demanding income/expenditure forms are filled in and an offer of repayment made - are they allowed to do this?

 

i really need to help my friend because this is just sending her over the edge

she is in such a state and i do not exaggerate when i say she is near suicidal

- please please help us on these points

Edited August 8, 2013 by citizenB

[maverick9]

:-(is there no one on here who can help us???

[dx100uk]

sri you seemed to have slipped through the net.

 

to answer your questions as best I caN:

 

1. yes correct.

 

2. if she's paid less than 1/3rd then sadly they can with her 'permission' - I take it she signed something?

 

3. don't know, never heard of that.

 

4. if they took the vehicle I assume from your story they told her they were going too do it [forced her you said]

 

5. they most prob removed the HPI marker as it was now theirs.

 

6. sadly yes.

 

been 2 months I see.

 

what info did you get from the SAR

 

all the statements & all the HP agreements?

 

I bet there's lots to fathom out and probably reclaim too.

inc the price of the previously resold vehicles?

 

dx