Can a contract hire vehicle be repossessed without prior notice?

[Debsij]

Bailiffs turned up totally unexpectedly at my office yesterday and repossessed my car!

 

The car taken on a contract hire agreement in July 2011 for 2 years at which time my company was trading as a limited company.

 

In October 2011 we changed the format of our business from a limited company to a partnership.

We informed the leasing company by telephone,

gave them different bank account details for the new company

and they have subsequently been taking the monthly payments by direct debit from the partnership bank account.

 

All payments have been made on time and not one payment has ever been missed.

 

In July this year the contract expired and I was invited to extend it for another year, which I did.

 

Then yesterday bailiffs turned up and took the car saying that the contract agreement was void because the agreement was made with our limited company which no longer exists.

 

However for the past 18 months we have been trading as a partnership,

the lease company have been taking the payments from the partnership bank account,

the ownership of our business has not changed nor has the address/telephone number, etc.

 

My question is...

 

..can they legally take the car without giving me any prior notice whatsoever.

I didn't receive any correspondence at all from them,

not even a phone call, to say that there was a problem with the lease.

 

I had no time to try to sort this out,

my business which relies heavily on the use of my car, has been severly disrupted

and the shock of being left in this situation is awful.

 

Surely I should have at least been informed that there was a problem?

 

What can I do about this?

 

Many thanks for your help.

[wiseajak]

Do i assume u mean hire purchase agreement?

 

If you have paid more then 1/3 (a third) of the price it cannot be removed without a court order. Did the bailiff not show you any paper work.

 

I could be incorrect in this instance as this is business related but and the wording of your post did confuse me

Abit, others with more knowledge will help you shortly.

[Debsij]

Thank you for replying.

 

It was on contract hire not hire purchase.

 

At the end of the contract the car gets returned to the leasing company and never belongs to me.

 

So I guess in effect my contract was for the long term hire of the car.

 

The bailiff didn't show me any paperwork but he clamped the car and I had no way of stopping them from towing it away so I handed them the keys.

[Ell-enn]

Have you contacted the lease company to ask why they didn't give you notice they intended to rake the car? who is the lease company ?

[Debsij]

They said they tried to call me once but got no reply..

..which I find hard to believe as we are here from at least 9am til at least 6pm 6 days a week.

 

The lease company is Arval - who I must say up until this incident have been brilliant.

[dx100uk]

wasn't a bailiff that's for sure.

 

just a repo guy.

 

bailiffs only come after somethings been to court.

[Jin12]

Hi exactly the same has happened to me today! I googled and found your post and I'm curious to know what happened next? I can't believe they can just rock up with no notice! My situation is exactly the same as yours