british credit trust unlawful repo **WON under SEc 90 + Compo**

[Chris85]

no I did complain about ppi to the ombusman about my miss selling of ppi so they told me to write a letter to the BCT who then said because I claimed on the policy I would not be intiled to nothing basically

[dx100uk]

doesn't matter if you claimed on it!!

 

dx

[Chris85]

what would you advise me on doing next ?

[Chris85]

I have amended this now they say on the last page I breched terms and conditions in section 4 and 6 in their terms and conditions what about them when they have breached section 90 of the consumer credit act!

[dx100uk]

what happened to the sar? upload

 

dx

[Chris85]

Sar

[Chris85]

THEY TOOK THE CAR WITH OUT MY CONSENT

 

THEY PAID THE GARGE THE REPAIR AND TOOK THE vehicle and

 

sent me the remaiming balance

 

surely I haven't got to pay this and have nothing to show for £14,000

 

this have affected my credit rating for the last 6 years and now im on to the debt collection agencies

 

now telling them they were in breach of section 90

 

I really need support on this

[dx100uk]

calm down wait

don't send or say anything to anyone

 

await TOR#s reply.

 

dx

[theoldrouge]

ok chris just starting to go through your sar.

 

Could you please clarify the whole story as regards the repair garage,

what contact you had with the repairer, and what prompted him to phone BCT on 24/5/10,

and did you give him any info regarding the hp agreement, or did he contact BCT after an hpi check?

 

Once all the facts are clear, we can help with a letter to BCT demanding your full remedies under s91.

 

Regardless of the above,

BCT did not have your explicit consent to repo the car as is very evident,

my view is that they are in clear breach of s90, your car was statutory protected

 

The more info you can give,

the better we will be able to present them with the full facts in a letter

[Chris85]

I couldn't afford the payments on the car due to redundancies and

 

at the time the cat turbo went in the car it was sent to a garage for repair and

 

they guy told me that the car repair was £600 at the time

 

I had a call from bct asking for payment and

 

told them the car at the time was being repaired at a garage

 

I gave them the name of the garage as they asked and

 

they sent an agent out to collect the car

 

they paid the fee for the cat turbo and had the garage to sign an abandmnt form.

 

My personal belongings was still in the car so

 

how can they say I abandoned the car when it was currently at a garage,

 

it also says in the sar that my personal belongings was in there,

 

I do have regular contact with the garage would you like me to get a statement from them

 

would this help ?

 

because on the one form in the sar they are saying no car keys was present

but on the repo form they had them so nothing is right to me

[theoldrouge]

good its becoming clearer, a witness statement from the repairer explaining that the vehicle was only waiting to be collected when you had sufficient funds, and you had been in contact to explain this, and it was BCT who in fact contacted the repairer and told him to sign the form and release the car to them would certainly assist your case.

If you could arrange this, i will do a letter for you at the beginning of next week of Formal Complaint, to send to BCT to get the ball rolling

I can see from the sar that you have a very strong case, BCT have ignored s90

[theoldrouge]

also chris, who are the debt purchaser/dca chasing you, can sort out a letter to them too

[Chris85]

also chris, who are the debt purchaser/dca chasing you, can sort out a letter to them too

 

Marlin financial services

[Chris85]

I will contact him over the weekend for a witness statement

[theoldrouge]

ok chris, could you post up the latest letter that you have received from Marlin( with pers details removed) and will do both letters for you early next week

[theoldrouge]

Hi chris, how did you get on with the WS?

 

Couple of other questions-

 

whilst at the repairer was your car taxed or insured and correctly registered with dvla?

 

what was the value of your golf clubs and your personal possessions? (not including the wheels or stereo)?

 

that were left in the car.

[Chris85]

hi

witness statement will be ready to collect tomorrow, yes the car was taxed and insured and correctly registerd with the dvla.

martin at the garage has confirmed to me today that the briitsh credit trust had called him on the 24 may 2010 and to discuss the car with him letter will follow tomorrow asap.

i had taylour made golf clubs in the boot of the car along with a tent and a watch and bank statements in you look at the repro form from it confirms personal belongings where still in car.

[Chris85]

the total value golf clubs=400

D&G watch=175

tent =700

alloy wheels =1400

cd player =370

[theoldrouge]

ok chris, letter to Marlin, letter to BCT when we have all the facts-

 

I refer to your letter dated xx/xx/2014 received xx/xx/2014 reference the above numbered account, the contents of which have been noted.

 

I can confirm that this account is in very serious dispute with the original creditor, British Credit Trust (BCT).

 

This agreement was a Hire Purchase Agreement, regulated by the Consumer Credit Act(1974). My, having paid in excess of one third of the total agreement,

 

the vehicle to which this agreement relates was statutory protected.

 

BCT repossessed this vehicle without seeking a Return of Goods Order and without my consent, in a clear abuse of process and in absolute breach of

 

s90cca1974.

 

I am therefore entitled to the remedies as set out in s91cca1974.

 

No liability subsists under this agreement.

 

BCT must repay to myself all monies paid in relation to this agreement.

 

As this is a most serious dispute, I must insist that Marlin follow the guidance as laid down in the Financial Conduct Authority, Consumer Credit Sourcebook,

 

and place my account on continuing hold, until the dispute is fully resolved,

 

Yours etc......

 

 

 

 

send by recorded delivery and head with agreement and car reg nos

[theoldrouge]

hi

witness statement will be ready to collect tomorrow, yes the car was taxed and insured and correctly registerd with the dvla.

martin at the garage has confirmed to me today that the briitsh credit trust had called him on the 24 may 2010 and to discuss the car with him letter will follow tomorrow asap.

i had taylour made golf clubs in the boot of the car along with a tent and a watch and bank statements in you look at the repro form from it confirms personal belongings where still in car.

Excellent Chris, the news on this gets better by the day:-D

[Chris85]

Witness staement from garage they will present it on edited paper for me this is what martin has just forwaded to me

[theoldrouge]

thanks Chris, will start working on your letter to BCT tomorrow

[Chris85]

thanks Chris, will start working on your letter to BCT tomorrow

 

Ok great I'll be home from work tomorrow about 3 ish so I'll have a look then thanks.... Also the statement Martin gave certainly didn't mention that I had abandoned the car there

 

Chris

[theoldrouge]

ok chris, letter to BCT. Head it with agreement no and car reg, address it to Legal and Complaints Manager, and head it FORMAL COMPLAINT. Send by recorded delivery---

 

I write in reference to the above numbered agreement.Since I received your letter dated 9/7/2013, I have undertaken thorough research into your conduct of my account, and conclude that I have grounds for very serious complaint, regarding your blatant attempts to circumvent the provisions of s90 cca1974.

 

You will be well aware that as I had paid in excess of one third of the total agreement, my vehicle registration number........... was statutory protected goods.

 

In order to repossess my vehicle in accordance with s90(1)cca1974, you would either have had to obtain a Return Of Goods Order,or obtained my explicit written consent.

 

You have previously confirmed to me that you did not obtain any such order, and I further note, despite your instructions to your collection agents,DLC, your reply to my DSAR contains only a BLANK and UNSIGNED form of Voluntary Surrender.

 

You have therefore failed to fulfill either of the required conditions.

 

Instead you have attempted to rely on the false premise that the vehicle was abandoned at Valley Motors, Gwent.

 

You will no doubt be aware that in law, there is no legal definition of an abandoned vehicle, furthermore, as is the case of my vehicle,a car that is taxed, insured, correctly registered with the dvla, and containing personal possessions(a matter to which I will later return)can, in no way, be considered to be abandoned.

 

My vehicle was collected by Mr. Hillman(prop Valley Motors) after I broke down on 22/4/2010. I was in regular contact with Mr Hillman fom this point onwards, and he was aware that I would be paying him for the repair as soon as I was in employment.

 

On 24/5/2010, Mr Hillman was contacted by yourselves(HE DID NOT ORIGINALLY CONTACT BCT AS STATED BY YOURSELVES IN YOUR LETTER OF 9/7/2013)and was told that BCT, as the vehicle owners, wished to collect the car.

 

Mr Hillman was coerced into signing a form of abandonment(incorrectly filled in by your collection agent)as he was understandably unwilling to release the car without payment for the repair.

 

You should carefully note, that I hold a Witness Statement, signed by Mr Hillman confirming this.

 

BCT are therefore clearly and unequivocally in breach of s90cca1974.

 

I am therefore entitled to the full remedies as set out in s91cca1974, for your reference-91 Consequences of breach of s. 90.If goods are recovered by the creditor in contravention of section 90—

(a)the regulated agreement, if not previous terminated, shall terminate, and

(b)the debtor shall be released from all liability under the agreement, and shall be entitled to recover from the creditor all sums paid by the debtor under the agreement.

 

and I therefore now DEMAND-

 

1) that I am released from ALL LIABILITY under the above agreement.

 

and 2)you repay to myself all monies paid under this agreement £6348.76

and, the amount realised by the sale of the vehicle £2400

 

IN TOTAL £8748.76

 

IN ADDITION and seperately

 

I DEMAND that BCT either return to myself the personal possessions that were in the vehicle at the time of the illegal repossession (to which BCT have no legal title)

OR reimburse me with the value of those possessions--

 

1) set of Taylor Made Golf Clubs £400

2)D & G watch £175

3).. berth tent £700

 

IN TOTAL £1275.00

 

Should BCT fail to meet my demands, I will not hesitate to escalate this matter.

 

I trust that this clarifies my position, and I look forward to your positive early response.

 

Yours etc....

[Chris85]

ok this will be sent 1st class recorded tomorrow I will let you know in due course of their response.

thank you very much for this template today im hoping they will write back positive