HELP!! anglia for Blackhorse repo'd my vehicle

[amydavo]

Hi,

I am very new to this forum business and don't really understand how it all works but would be very grateful if anyone could offer me some advice

as to whether there is anything that I can do about my vehicle being repossessed??

 

I refer to the vehicle as mine, although, it was on HP in my husband's name with Black Horse.

 

The first I knew about the vehicle being repossessed is when an agent knocked on my door at 6.50am on Tuesday morning!

We had received no correspondence from Black Horse advising us the account was in arrears

nor have they logged a default on my husband's credit file.

 

We moved house in July 2013 and informed Black Horse, in writing, of our new address,

however, the only piece of correspondence given to us by the repossession agent (Anglia)

'Notice of Termination' from the Asset Recovery Department of Black Horse was issued to our old address.

 

We were also given a piece of paper (by the agent) headed 'other relevant information' ,

which states that they have made numerous visits to our new address,

although there is no evidence of this, however, it is proof that they have our new address.

 

We have missed 5 payments on the vehicle.

 

Following investigation, I have concluded that all of our direct debits were transferred to a new account and the old account closed.

The Black horse payment was not transferred as it was standing order.

 

Was the repossession agent within his rights to take the vehicle when no default had been issued on my husband's credit file

and we had not received any correspondence at all from Black Horse,

I.e. A pre-possession notice that would have allowed us 15 days to make arrangements to avoid the repossession.

 

Upon contacting Black Horse on the day of repossession,

I was told by them that we could pay the arrears (£1495.02) and get the vehicle back.

 

However, the repossession agents would not allow this

so Black Horse then requested the full settlement of £8413.

This was because the vehicle had already arrived at the auction site before we made contact with Black Horse

- what did they expect when the vehicle was driven away just after 7am!

 

I have 3 children, 2 of which I need to get to school. I also require my vehicle for my job (courier). No car means no job!

 

Any advice on whether/how I can get the vehicle back would be appreciated.

 

Many thanks.

 

p.s. Paying the full settlement of £8413 is not feasible).

[kirkbyinfurnesslad]

I think you can waive good bye to it and forget about getting otbk

[Ihatebanksandbankshateme]

had you paid more than one third of the total price of the goods? before the repo of the car? if you dont know then go check how much you paid and how much you had to pay.

 

Very important.

 

Theres a case in the Court of Appeal soon on repo of protected goods, so that may help.

 

There is no quick fix im afraid, but if they unlawfully repo your car then you may be entitled to a remedy under s91 Consumer Credit Act 1974 so worth checking

[Ihatebanksandbankshateme]

I think you can waive good bye to it and forget about getting otbk

No, i disagree.

 

If the goods are protected goods under a HP agreement then they cannot be repossessed without a Court order.

 

Also, they cannot enter private property (s92 CCA 1974) without a Court order and to do so is a breach of statutory duty!!

[amydavo]

Thanks for the comments so far. Unfortunately, we were £92 under paying a third! Will have a read of the consumer credit act. They definitely had no court order as I specifically asked that question.

 

Whilst I accept we were in arrears, surely Black Horse have a duty to inform us?

[dx100uk]

where are you getting the figure from?

 

it SHOULD be on the reverse of your agreement.

 

its a bit bad of you to have missed that it was not being paid for 5mts mind!

 

where was the car on your private drive?

 

dx

[f16]

No, i disagree.

 

If the goods are protected goods under a HP agreement then they cannot be repossessed without a Court order.

 

Also, they cannot enter private property (s92 CCA 1974) without a Court order and to do so is a breach of statutory duty!!

I'm pretty sure they must have a court order

[dx100uk]

under 1/3rd they can repo from the road.

but NOT from private property without the owners consent

unless they have a court order.

 

over 1/3rd they need a court order.

from anywhere

[dx100uk]

FWIW Anglia rarely have court orders.

 

they don't ever act under court bailiff orders

 

they trade on the innocence of the debtor.

 

you need to get an SAR offto Blackhorse ASAP

 

you'll have all manner of PENALTY fees

and repo fees to reclaim.

 

i'd also start a formal complaint off to them BH

about not getting letters etc

when you'd already told them the correct address

before the repo

 

inc a copy of your letter informing them.

 

dx

[dx100uk]

An option to recover the amount paid on the agreement is available under section 90 of the CCA

which states that where the debtor has paid more than one third of the amount due

and before a termination notice is served,

 

it cannot be recovered without an order from a court,

 

this has a remedy under section 91 where the debtor is relieved of all liabilities and can recover all monies paid.

 

In any event,

a creditor would not be allowed onto or in any private premises or land

(whether belonging to the debtor or not)

without an order from a court.

 

Case law relating to breach of Statutory duty http://www.lawteacher.net/PDF/Statut...es%20Cases.pdf

 

dx

[f16]

amydavo,; have you taken any part exchange / deposit into account? Could make a difference.

 

 

Definitely follow #8,9,10.

Good luck

[amydavo]

Really appreciate all of your input.

 

Unfortunately, we were approx £90 off paying a third of the total amount borrowed.

 

Black Horse definitely did not have a court order as I asked that question when I rang them.

 

The car was parked on my drive and the Anglia representative came into my house to discuss the repossession.

 

He told me that if I did not hand over the jays then they would drag the car off the drive with a recovery vehicle!

 

Excuse my ignorance,

 

but what is a SAR?

 

Also, f16, wht do you mean by part exchange or deposit??

 

Thanks

[dx100uk]

sounds like the usual MO for Anglia

 

drag your car off the your drive

 

nope cant do that

 

so its unlawful repo from private land then.

 

have you got the agreement please

 

dx

[dx100uk]

can we check please

 

have you got a copy of the default notice

 

have you got a copy of the termination notice

 

both needed to have been sent by BH weeks ago for this to be a legal repo

under 1/3rd

 

dx

[sequenci]

If under 1/3 has been paid then an action for a breach of statutory duty is probably not worth doing - the damages awarded would be negligible at best.

 

if more than 1/3 has been paid (and it's impotant to remember that a deposit would be included in the calculation) then you could be entitled to all of your payments back if there was never a return of goods order obtained.

[dx100uk]

I think bh/Anglia have shot themselves in the foot here....

 

cant understand this bit about all the mail going to an old address

when they were informed of the new address.

 

and Anglia had a term notice that was sent to the old one.

 

you need to prove you told BH your new address me thinks.

 

then demand the car back and get the agreement/debt sorted.

 

dx

[sequenci]

I hope that woulld be enough - as there is likely to be an argument that the OP has an obligation to meet the terms of the contract, they should have realised that their payments were not going out. It's going to be a tough call for sure.

[dx100uk]

I know 5 mts too.

 

lets see

 

dx

[sequenci]

I do think the finance firm should consider the mitigating factors, for the record. They should have tried harder to locate the OP. I don't think any side is 100% to blame for what happened - and I hope they can do the sensible thing.

[amydavo]

Dx, yes I have got the agreement. Haven't got the default notice. Have checked the experian credit file and there is no default on there either. The Anglian representative gave me a copy if the 'Notice to Terminate', which was sent to our old address. Funny how they actually turned up at our new address to repossess the vehicle!?

[amydavo]

Dx, the link you provided re. Law teacher, breach of statutory duty does not work from my iPad, will have to check it out on a computer when I get to my parent's

[f16]

When you went to buy the car, did you out down say a £1000 or did they accept your old car as the deposit in part exchange.

This deposit if you have not included it your calculations may mean you have paid MORE than a 3rd.

dca had no right to say or do what he did.

Good luck

[amydavo]

We had outstanding finance on another vehicle, which we part exchanged .

[f16]

So the old car was effectively the deposit. What £££££ value did they allow? Have you included that figure in your 1/3 calculations?

[theoldrouge]

Can you post up a copy of your agreement with pers details removed? So figs can be checked