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Settled vehicle debt with promissory note.
Posted by John on September 15, 2022 at 4:14 amHi everyone,
Some months ago I did Marks promissory note process to settle finance on a vehicle, I followed the process to the letter and currently 3 months without paying. I’ve had a few calls and letters to which I’ve responded with relevant default notices. This evening a guy arrived to repossess the vehicle. As it’s parked on a gated drive he couldn’t simply load vehicle. I went out to speak to him, showed I had settled debt (with PN) I stood my ground I stated I will not just return the car is I’d paid for it. They’d accepted note and therefore discharged the liability. He then left but said the car has now been reported to the police as stolen. I believe this to be purely intimidation as I’m registered keeper.
Any advice would be greatly appreciated.
Johnny
morag-janet-of-the-hill-family replied 5 months, 3 weeks ago 4 Members · 13 Replies -
13 Replies
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If I was you I would secure my car or keep it at another location so it cannot be uplifted, I would install a security door and security cameras. I would fix trespass signs to my gate and front doors and keep the gate locked at all times. If I drove to work I would park my vehicle away from my work or at a friends place close to my work place so it cannot be easily located. Then I would make sure I recorded any interactions with any interloper holding my position as you did with the repossessor and asking questions, not making statements.
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What about doing a PPSR check on the VIN and see if it has actually been reported stolen?
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Hi all & thanks for responses. I’d like to update everyone with what’s happening since my last post some months ago.
I live in a gated property with door bell camera linked to phone, cctv with 2 Doberman guard dogs. I have warning & removal of implied access rights signs. So pretty secure!
Any way I’ve had 2 visits from different companies attempting to repossess vehicle. Both were sent away as I’d “settled finance” gave both a bit of education as to how ££ is created. I followed both up by putting each companies CEO on Notice that finance settled using Gov Legislation. Never heard from either since.
Last night I received a call from a fraud investigator asking questions. I again informed this guy I’d settled using Bills Of Exchange Act 1882. I invited him to call me another time as it was late.
I called this guy for his company details and sent him links to bills of exchange act & Halbury’s law guidance. He works for ANR International a vehicle fraud investigation company. I’m tempted to send him an offer that I’d return the vehicle on condition he locates my financial instrument (Promissory Note) and returns that to me. Other than the phone call he hasn’t made formal contact.
Any advice?
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This reply was modified 2 years, 4 months ago by
John Leach. Reason: More info
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Awesome effort and work!! I would definitely charge them for your time as the lady has mentioned in a reply above. I also find your idea of asking them to locate the promissory note a brilliant idea. You could do both. Let us know how you go. Keep it up!
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This reply was modified 2 years, 4 months ago by
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What I would do if they attempted to make contact again is to establish a fee schedule for your time and that you will only perform once you have been paid. If they attempt contact through the phone or at your property you could inform them that you will only accept contact through the mail, then that gives you the option to send it back, with UNCLAIMED NO CONSENT TO CONTRACT etc on the envelope.
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Further update. After approx 2 years of the promissory process today my wife was stopped by the local police who basically arrested her for driving a stolen vehicle. After 30mins they released her but unfortunately they recovered the car to a local pound. I intend to contact the finance company but I expect they want full payment to release car. I will then try and make some sort of claim against CEO of company.
Any suggestions would be much appreciated.
John
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Hi John did your wife record the interaction and if yes what exactly was said by both parties? What the police did was unlawful but you need evidence to prove certain things. Here is a Q and A about unlawful suspension so I suspect the same applies to this unlawful taking and possession of your automobile. Also comments from other members about car theft.
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Further developments.
My wife made complaint to IOPC and instructed solicitors for claim for wrongful arrest. Everything the Police did was without correct authority. Solicitors are very keen with this case, we have provided documentation of correspondence I sent that made reference to finance company accepting and retaining promissory note therefore agreeing to discharge and they seem ok to not only claim for damages for arrest but also the return of car!!
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Awesome!! We’ll look forward to hearing how this goes for you.
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Update on this case. We has been response off Greater Manchester Police to our solicitors. While they review and prepare their recommendation they have asked for evidence of the following. Was car V5 registered in my name. Was wife insured as named driver. Have we replaced car. Any other expense due to loss of car. They have also asked for ID documents.
I hope I’m not jumping the gun but it looks positive?
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Thanks for the update, fingers crossed 🙂
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