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Suspended Return of Goods Order/2nd attempt at car recovery - legality?

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  • Suspended Return of Goods Order/2nd attempt at car recovery - legality?

    I have previously posted on this issue so apologies for any possible duplication, but there has been a sudden change in the whole situation that i would really really appreciate some clarity on. I have tried to be brief even though i could write a whole essay on this!

    Bit of background – Fell into arrears with my HP agreement, default issued and offer of repayment plan made by myself which was seemingly rejected, then court proceedings launched by the creditor which result in a Suspended Return of Goods Order

    As an aside, i had offered a revised monthly payment of £251 in the very first instance some months before court action commenced and the resulting order was for £271 per month. This makes me wonder why court action was ever necessary, particular as i have been hit with £360 in court costs and i am guessing landed with a CCJ?

    Also, prior to court action a 3rd party had attended my house in attempt to recover my vehicle, i was not in at the time but the agent left an unenveloped note disclosing the purpose of the failed visit. This was seen by my housemates so much embarrassment followed. I also wonder why this was undertaken given i have paid over half of the agreement so a court order is necessary for vehicle collection

    I have raised a complaint to Omsbudsman primarily concerning these issues and the underhand and negligent tactics applied by the finance company

    Therefore, imagine my suprise when this morning i receive an answerphone message from an agent saying he was calling on behalf of the finance company to arrange collection of my vehicle!

    Given that a court order has been obtained and i have paid the first agreed instalment and i have previously outlined my dissatisfaction with the previous attempted recovery and their general practices, how on earth can they do this? Particularly as on previous correspondence, i reminded them that they have no formal right to attend my property and as such any breach of this will be considered trespassing

    I did infact call the agent and outlined the whole situation to him, he stated that he had no knowledge of this and had merely been instructed by the finance company to proceed. He confirmed that he would now go back to the finance company

    Please can anyone advise what i can do as i am so shocked by this latest turn of events?
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  • #2
    Re: Suspended Return of Goods Order/2nd attempt at car recovery - legality?

    If the court has ordered that a return of goods order be granted to the creditor, but suspended it to allow you to make monthly repayments, then the creditor can not repossess the car so long as you keep up with the monthly repayments. So the only way they can lawfully repossess the car, would be if you missed any of those payments that the court ordered you to pay! So did you miss any payments?

    If not then the creditor is in breach of the court order, and their actions may also constitute harassment, in which case you should contact the court to see what your next step should be, as the court will not be pleased to hear the creditor has ignored the court order.

    Others on here may have more too add.
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    Comment


    • #3
      Re: Suspended Return of Goods Order/2nd attempt at car recovery - legality?

      As it would seem that the finance company has chosen to play at Silly Buggers, it may be worth while reporting the oafs to Trading Standards via Consumer Direct, on 0845 4 04 05 06

      Comment

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