View Full Version : Read This Everyone < This Guy Needs Professional Help>
if there are any finance / experts looking can you advise on this ????
i know it's not the full story but i have the guy's number to pass on (mail me) but this is basically the problem (thanx for ya time)
1. bought Ibiza Sport in March 2000 with £2500 finance
(VWFS by the way) agreement A
2. Traded it in in november for cupra on agreement B (VWFS again)
3. cheque sent to settle agreement A and telephone call told of account settled .
4.new car (agreement B) all paid up as in contract
5.march (whilst on hols) formal demand for agreemant A giving 7 days before legal action , seemingly unpaid .
6.arrived home 10 days or so later to find above
7.contacted VWFS to consult told "ah its with our legal department" contacted them to arrange payment of debt asap
8.legal dept knew nothing about it , no record on file after 5 phone calls ??
9.week later, car (agreement B) in @ local dealer for service as reqd .
10.DEALER (on VWFS/finance section/companies behalf) confiscated the car , no paperwork ,nothin just kept the keys/car
11.car currently sat @ dealers with no receipt or paperwork given to owner ,confiscated because of an unpaid debt on agreement A (trade in) and a finance section (now handling) a debt that VWFS have passed on that they know nothin about and are being shall we say UNHELPFUL to sort out
12.meanwhile owner has paid outstanding debt to VWFS, but has another £650 to pay , and has been told basically to sod off by VWFS, no car until its paid ? even suggesting he raises his Credit card limit whilst they are on the phone to clear it up ??
considering legal needs etc etc i feel this guy is NEED of some serious help , anyone out there or can help/advise etc etc , mail me and i will pass on his number
i gather that when the remaining £650 is paid the car will be released IS ANY OF THIS LEGALLY CORRECT????
Id speak to Citizens advice, non of this seems legal to me, im sure there is a finace omsbudsman that can intervene.
Im no expert, but Citizens advice are.
Dormouse
12-04-2002, 22:26
Ask trading standards to give VW Finance a call on his behalf...
VWF screwed me up once....
Or...give ANDY the guy at GC a call..different dealer, but he's really really helpful.
I did a bit of contract law at University (but far from qualified). Mark's advice to contact the CAB is a good one; hopefully the guy's done it already. Watchdog work too slowly - he needs action now.
If he bought the car on an HP finance agreement, he has a contract to purchase the 2nd car at an agreed rate for X months. Assuming he's kept up the payments on this agreement, I can't see how they can repossess this car in favour of a previous debt (even if they could prove it existed). The 2 agreements are completely separate. There are legal procedures to go through, before goods can be taken to settle debts, whatever they may be.
Even if he purchased using a Personal Loan, their attitude is very heavy handed and procedures still exist.
If I've understood correctly, it looks like VWFS have buggered up the settlement figure and quoted too low an amount. This happened to my ex Wife and the finance company tried it on, but the Rep we dealt with said as the paperwork was done and a figure had been given and accepted, they couldn't do anything about it. He said it was their fault.
Whatever happened, I've never heard of reputable Finance companies "confiscating" goods until a debt is paid. This isn't like school, with a teacher withholding a kid's mobile phone until home time... Goods are usually taken/repossessed, in order to be sold to clear the debt, not held to ransom! This is the UK, not the Spanish Maine with Captain Kidd and Blackbeard on the loose...
No doubt the Police won't want to get involved as it's Civil not Criminal, but he is I assume the registered keeper of the vehicle and his rights of access to that vehicle are being restricted. What rights do they have to do this? None I would think/hope. I'd kick up a bit of a stink down at the local Station.
Good luck to the guy whoever he is. I'm astounded this has happened.
Regards
Mike
Russell_Hayward
13-04-2002, 22:06
The second agreement has nothing to do with the first, and the dealer has no right to keep the car.
Call the Police and get them to release it.
However, you say the agreement "a" has been settled, so why are there now arrears ?
Slightly confusing.
Nevertheless, the dealer has no right to keep your car .
Two of us in here agree at least...
Originally posted by Russell_Hayward
The second agreement has nothing to do with the first, and the dealer has no right to keep the car.
Call the Police and get them to release it.
However, you say the agreement "a" has been settled, so why are there now arrears ?
Slightly confusing.
Nevertheless, the dealer has no right to keep your car .
agree on all points BUT agreement A still has approx £650 outstanding , plus the agreements albeit paid or unpaid are with VWFS surely ??
add to that the fact that the car is being held under the dealers say so ??? NOT the finance company ,and the police say it is civil nothin to do with them
WTF? they have his car and he doesn't owe THEM anything ??
work that out , i didnt know illegal seizure and blackmail was now standard practice ??
IS IT ??
hopkinsgm
14-04-2002, 02:14
Originally posted by Russell_Hayward
The second agreement has nothing to do with the first
At risk of receiving a major flaming...
Possibly, or possibly not. If the first car was p/x'd against the second (e.g. used as a deposit) and there was still a sum outstanding on the first agreement then the two agreements are kinda twisted up with each other.
What I don't understand is the situation with completion of the first agreement. I believe what normally happens in these situations is that when negotiating the p/x allowance/deposit for a new agreement, any outstanding finance from the first agreement must be settled first. In real terms this is usually all dealt with by deducting the outstanding sum from the p/x allowance and this deduction is used to pay off the first finance agreement. I'd have thought that as both agreements were with VWFS this would be easy enough to do?
As for dealers holding cars, ownership rights and repossession? Check the paperwork. My agreement with VWFS (trading as Seat Finance) has this to say on the subject of Repossession:
"If you should fail to keep to your side of this agreement but have paid at least one third of the total amount payable under this agreement, that is £xxxx, we may not take back the goods against your wishes unless we get a court order. (In Scotland, we may need to get a court order at any time.) If we do take them without your consent or a court order, you have the right to get back all the money you have paid under this agreement"
So, unless they've changed the terms, or less than one third of the total purchase price has been paid, the car cannot be repossessed. I think. But it's late and I might not be thinking straight.
G
If the car had been repossessed, it'd be gone now - sold to cover the cost of the debt, and any surplus returned to the guy. It's not been repossessed, just been held to ransom!
With all due respect, why's the guy asking us? Surely he's taken proper legal advice or at least gone to the CAB?
hopkinsgm
14-04-2002, 19:13
Originally posted by Toonman
If the car had been repossessed, it'd be gone now - sold to cover the cost of the debt, and any surplus returned to the guy. It's not been repossessed, just been held to ransom!
Fair enough - it does all sound a bit strange tho...
G
I think so too... If this had happened to me, I wouldn't be waiting for advice from the NG (with the utmost respect to all of us). You need to take more positive action, whoever you are!
Chris_20vT
24-04-2002, 13:55
See http://www.seatcars.net/forums/show...=&threadid=5147
Basically, thank you to everybody concerned for coming to an amicable agreement. All is settled now - and all in all no blame lies with Cornerhouse. See above post.