Hi all, bit of a long one so I will try to keep to the point which is a HP car that I owned more than a third of and was registered at the DVLA as my partners tax exempt disability car, I'm her full-time carer my partner can not drive.
After falling into payment arrears due to the amount of benefits I receive, creation financial services passed the case onto a company called EQUIVO, they wanted extra than the monthly amount and after completing a income form they decided I could no longer afford the payments and should return the car that I had paid a 5000 pound deposit towards creation financial putting 4000 pounds,
They eventually took me to civil court to get a return of goods order, I attended a over the phone hearing and offereda affordable monthly payment and stating a bailiff would not be able to remove the car due to the disability class and myself a full time carer, the judge granted the return of goods order without the ability for EQUIVO to take the recovery to the high court.
I still refused to return the car and 18 months after the hearing a EQUIVO pick up truck came and removed the locked car with blue badges on display from the drive outside my home.
I have just completed the in-house complaints which only resulted in EQUIVO admitting the breached GDPR laws with my information and admitted no liability for removing protected goods as the court order allowed them to act the way they did.
They are now trying to recover court costs and recovery fees of 1300 pounds, currently waiting to speak to citizens advice about their claims of costs.
I was going to let it go as I'm not up on legal stuff but if they insist on recovering costs after auctioning the car, maybe I should look into a unlawful removal goods claim,
Any advice welcome I speak to CAB this Friday coming.
Protected goods law breached?
Re: Protected goods law breached?
It looks like you paid more than a third and the lender applied for its return.
I don't think your complaint with EQUIVO will get far. They are a private company with no statutory authority. The act for the lender.
Equivo's website gives little about its true identity and the identity of the people behind it. It has no status on any government records. It is all virtual addresses and I would need to do a trace action to get some names and addresses or details of their bank accounts.
Getting a court to make a judgment you pay £1300 in fees and removal costs is a big ask.
I doubt a court would give it. It would be on the repossession order. If it's not there, then you are not liable.
If they bring a retrospective claim for costs, then you can defend it and put them on strict proof and make them bring into court evidence of the flow of money they paid in fees and removal costs together with the money the car was sold "disposed of".
It could open a big can of worms
When I trace a vehicle lifted by bailiffs to a new keeper, I ask them for the price paid, and if that does not match the sum declared by the bailiff, it’s a guaranteed big bill for the creditor whom the bailiff is acting for. The court takes a dim view of bailiffs lying about the price attained for controlled goods.
You might need to put the lender on strict proof of the flow of money the car was "disposed" for, then apply for the new keeper's name and address and see what they bought it for.
If the lender was dishonest about the disposal price of the car, it’s almost a guaranteed win for you.
I don't think your complaint with EQUIVO will get far. They are a private company with no statutory authority. The act for the lender.
Equivo's website gives little about its true identity and the identity of the people behind it. It has no status on any government records. It is all virtual addresses and I would need to do a trace action to get some names and addresses or details of their bank accounts.
Getting a court to make a judgment you pay £1300 in fees and removal costs is a big ask.
I doubt a court would give it. It would be on the repossession order. If it's not there, then you are not liable.
If they bring a retrospective claim for costs, then you can defend it and put them on strict proof and make them bring into court evidence of the flow of money they paid in fees and removal costs together with the money the car was sold "disposed of".
It could open a big can of worms
When I trace a vehicle lifted by bailiffs to a new keeper, I ask them for the price paid, and if that does not match the sum declared by the bailiff, it’s a guaranteed big bill for the creditor whom the bailiff is acting for. The court takes a dim view of bailiffs lying about the price attained for controlled goods.
You might need to put the lender on strict proof of the flow of money the car was "disposed" for, then apply for the new keeper's name and address and see what they bought it for.
If the lender was dishonest about the disposal price of the car, it’s almost a guaranteed win for you.
-
Coventry location
- Posts: 2
- Joined: 04 Sep 2023 13:14
Re: Protected goods law breached?
Thanks they do seem a bit cadgey in their approach.
My complaint was to Creation and then the ombudsman for unlawful removal of goods and reckless lending as I'm out of pocket after refusing my offer of payment, they all put it on the court order and the rules on what a recovery team can do didn't seem to matter.
I will 7se the link in your profile and open a case there for help with this claim of theirs and Creation say I still owe them 400 pounds that the car sale didn't cover.
My complaint was to Creation and then the ombudsman for unlawful removal of goods and reckless lending as I'm out of pocket after refusing my offer of payment, they all put it on the court order and the rules on what a recovery team can do didn't seem to matter.
I will 7se the link in your profile and open a case there for help with this claim of theirs and Creation say I still owe them 400 pounds that the car sale didn't cover.