Car taken by deception

TCAV

New Member
Mar 24, 2009
1
0
0
Hi - I hope I'm in on the right board - If not, mods, please feel free to move my post.

I really need some help.

I am self employed and due to the state of the economy my business has been failing for some months. As such I have fallen behind on my car HP payments. I own over a third of my car and it has a cherished number plate that my wife bought me for christmas last year. Yesterday 2 men turned up on my doorstep, demanding £2,000 for the arrears. Of course I didn't have this money so they gave me 3 options:

1 - Pay the £2,000 there and then.

2 - Send them away and they will obtain a court order to seize the car. This would then incurr heavy costs for court and admin fees, plus I would still be liable for any outstanding money once the car had been sold.

3 - Buy myself some time by giving them the keys. They would take the car to a local pound and once I had got the money together to pay the arrears, I could call them up, make the payment and get my car back.

Of course, I panicked and took option C. I took some of the items from it but left some things like a couple of cd's and I now realise that I have left some of my work paperwork. I'm so mad at myself for not realising that I was being conned.

Today I arranged emergency funds and called them this afternoon to make the payment only to be told, by the woman at VW Finance that my car had gone to British Car Auctions and that the ONLY way to get it back is to pay the full settlement!!!! I told her of the arrangement that the 'agent' had made on my doorstep and in a later phone call she told me that he had completely denied the conversation and said that I had surrendered the car willingly. I am absolutely furious.

I have phoned Trading Standards who are passing it on to my local office, who will contact me within the next few days - the problem is that I don't have 'a few days', I have work to do and a family to feed - without my car I can do neither. They told me that this could be a lengthy process as they provided no paperwork (other than the surrender papers) it was an verbal agreement and so is essentially my word against theirs.

Trading Standards told me that I should write a letter of complaint to both VW Finance and Crystal Collections. I want to quote the law as I believe that they have obtained my car through false pretences and have given me false and misleading information. I believe that it would be something to do with the Theft Act 1968 and Obtaining Goods by Deception but I don't know how I should word it or what to quote (I don't want to sound like an idiot). Could someone please help me with this, as I need to get this letter sent, by registered post tomorrow.

Also, is there anyone else that I can complain to? I have thought about informing the police but I believe that I will be told that this is a civil matter. Would this 'agency' be answerable to the FSA or Credit Services Association?

Many thanks for any help that you may be able to offer me.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Just a quick reply - on train. You can complain To OFT too. Search this site for "debt collection" There are a few articles about it.
 

kris1anne

New Member
Jan 29, 2009
138
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I suspect they are warranted by Consumer Credit. My understanding is that this will depend heavily on the original terms in your credit agreement. Do you still have it and if so what does it say regarding overdue payments. My dad lost his car in 1998 in very similiar circumstances but I was under the impression the law had tightened since then. Ultimately they will get more money from you then at auction, however if you signed the surrender papers agreeing to this and everything else was arranged verbally you could be in real trouble. Can you get an emergency call in with citizens advice?