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| Repossession Of A Ycc Car; What should happen | |
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| Topic Started: Nov 16 2006, 11:42 AM (500 Views) | |
| Bakedalasker | Nov 16 2006, 11:42 AM Post #1 |
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It has come a concern with some of our users regarding having their cars repossessed. The purpose of this thread in to put everyone in the picture of where they stand. There is protocol for YCC to follow. If you fall behind with one payment they cannot immediately repossess your car. If you fall behind with 2 payments then they can start action. Most companies allow for 3 none payments because most courts would then issue a repossession order. Courts are reluctant to issue an order for one or two miss payments. The main purpose of this leeway of 3 payments is to allow you to make arrangments to catch up with your arrears. If you fall behind with your payments the courts would expect some sort of effort on your behalf to make amends. If you end up going to court this will look in your favour. Once a creditor applies for a repossession order you will receive a notice from the court that this has been applied for. This mainly is done to give you a final chance to sort some sort of arrangement out with the creditor. If the creditor cannot agree with your arrangement the you can go to court and get approval. If the court does not find the arrangement acceptable then they will issue an order. It goes without saying if you ignore the notice then the order is issued on default. When YCC threaten you with repossession they are not exempt from this protocol. They might think they are but they are not. Keep this in mind. YCC cannot repossess your car without a court order if you have paid 1/3rd of the agreement. They can remove your car if you have not reached that 1/3rd mark but they still need to issue you with a default notice first. Scenarios: - a. You have paid less than a 1/3rd of your agreement and have received a default notice. If you want to keep the car make every effort to come to some arrangement with YCC to make up for the arrears. Put everything in writing. If this fails seek legal advice. b. You have paid more than a 1/3rd of the agreement and receive a default notice. Once again make every effort to come to some sort of arrangement and put everytrhing down in writing. If this fails YCC will want to repossess your car. They will require a court order for this so you should expect a notice from the courts. If YCC turn up to repossess your car and you have received no notice then you can bet they have no court order. If you are present when they come then request to see the court order. If they dont have one and still take the car away then report them to the police. Also contact the link below for further assistance. This is paramount. Do not sign any paperwork or hand the keys to them. c. YCC have threatened to repossess your car and turn up with a court order. Phone the court, telephone number should be on the order. Confirm this is genuine. Most likely will be put this will be a first for this site, YCC doing the proper thing. If it genuine, hand the keys over, not much you can do.  Hope this clears up any doubts. If you require further expert advice then visit the following link: - http://www.bailiffwatchdog.co.uk/ |
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| mail4moy | Jan 30 2007, 04:35 PM Post #2 |
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 my husband fell behind by 3months, the company yes car credit (direct auto finance) came to are home without a court order and took the car from him, is was also well over his half way mark. They should of getting an order from the court, my husband may be entitaled to all the money back that he has paid for the car inc the ppi, |
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| jenni | Jan 30 2007, 04:40 PM Post #3 |
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sign our petition and we may be able to get this sort of practice stopped! |
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<a href="http://www.dpbolvw.net/click-2359542-10365649" target="_top"> <img src="http://www.awltovhc.com/image-2359542-10365649" width="120" height="60" alt="" border="0"/></a> Applying for car finance? <a href="http://www.kqzyfj.com/click-2359542-10366647" target="_blank" onmouseover="window.status='http://www.creditexpert.co.uk';return true;" onmouseout="window.status=' ';return true;">View your Experian credit report online for FREE</a> and see what lenders will see <img src="http://www.tqlkg.com/image-2359542-10366647" width="1" height="1" border="0"/> ****************************************** Advice & opinions of the 'saynotoyes' team are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts. ****************************************** 
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| viplosh | Feb 21 2007, 02:08 PM Post #4 |
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I have just read this posting. If you have paid over a third of the agreement on the CAR PURCHASE part you are entitled to a refund of all monies paid under the agreement if the car has been repossessed by YCC without a court order. You should also have received notice of the summons to court enabling you the chance to plead your case to a judge if appropriate prior to the order. If this has not happened I suggest you write to DAF and request a bankers draft repaying all the monies you have paid under the agreement. Maybe a visit to their offices and a sit and wait for a bankers draft if need be might be advisable. Take a lawyer with you if he knows you have a case. They cannot bind you to an agreement and then not be bound by the terms themselves. 
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5:18 PM Nov 28
