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Wrongful Repossession: Are You a Victim?

21 February 2019 - Posted by TalkAboutDebt

There have been many cases of bailiffs and other lenders abusing their rights. Are you the victim of a wrongful repossession? It is important you know who to complain to and what the process involves. You may also want to read our article on voluntary repossession.

 

Is a court order required for repossession?

 

A court order is not always required for a vehicle to be repossessed, generally speaking, if you have paid less than a third of the agreement. However correct processes should be followed and you may find this fact sheet useful in deciding whether the actions taken by the lender are correct.

 

Who to complain to about wrongful repossession?

 

If you had a hire purchase agreement this is covered by the Consumer Credit Act, therefore, you are able to escalate your complaint to the Financial Ombudsman Service (FOS) if the original company does not respond to your complaint in the way you feel is correct. In the case, you have already reported them then their response may be in your favour, you would need to check with them directly about their time to respond.

 

The FOS has official powers to settle financial complaints that cannot be sorted out by a consumer. They look at the facts, ask questions and make decisions about what is fair and reasonable. This is based on each individual set of circumstances and they have the power to order a business to put things right. They are completely independent and free for consumers.

 

FOS aims to settle complaints as fairly and quickly as possible and will decide if the bbusiness being complained about has treated the consumer fairly. If this is the case they will advise and explain why. If they decide that a business has acted unfairly and that a loss has been suffered as a result they are able to order the business to rectify this. The aim is to place the consumer in the position they would have been in if things hadn’t gone wrong. This may, therefore, require financial compensation be paid.

You may also want to read our article on how to stop repossession for more information.

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