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Options after repossession

  • 18-06-2019 5:45pm
    #1
    Registered Users, Registered Users 2 Posts: 2,120 ✭✭✭


    My car just got repossessed. its on a hire purchase agreement and we missed a few payments and were trying to sort it out with finance company.

    couple of questions:

    what are my options for getting the car back?

    can they repossess it from my house? (i only ask this cause i read they cant)

    how liable am i for the rest of the debt?


Comments

  • Registered Users, Registered Users 2 Posts: 22,435 ✭✭✭✭endacl


    If it was a HP agreement, it wasn’t your car.


  • Registered Users, Registered Users 2 Posts: 73,537 ✭✭✭✭colm_mcm




  • Registered Users, Registered Users 2 Posts: 2,120 ✭✭✭tommyboy26


    endacl wrote: »
    If it was a HP agreement, it wasn’t your car.

    I did already know that.

    Not exactly the answer i was looking for:rolleyes:


  • Registered Users, Registered Users 2 Posts: 2,120 ✭✭✭tommyboy26


    colm_mcm wrote: »

    that was the site i read. this is the quote from that site.

    The car cannot be repossessed from your home, regardless of how much money you have paid back


  • Registered Users, Registered Users 2 Posts: 2,120 ✭✭✭tommyboy26


    GarIT wrote: »
    I don't know about getting the car back, your only option might be to pay what you owe to date and ask them nicely but I'm not sure.

    Yes they can reposses from your house as long as it wasn't inside a garage or something they had to break i to or they didn't break in to get the keys.

    You are liable for the balance owed + the cost of repossession - whatever they manage to sell the car for.

    thanks its kinda what i was thinking. it will be sold at auction as quick as possible to recover as much of the debt as possible as quickly as possible.


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  • Registered Users, Registered Users 2 Posts: 7,948 ✭✭✭Fann Linn


    tommyboy26 wrote: »
    that was the site i read. this is the quote from that site.

    The car cannot be repossessed from your home, regardless of how much money you have paid back


    Just wondering, 'why not'.


  • Registered Users, Registered Users 2 Posts: 1,156 ✭✭✭TheShow


    Not your car until you make the final payment.

    They wouldn’t look to repossess the car unless you were heavily in arrears and/or not engaging with them.
    You will be liable for what ever debt is outstanding after they sell the car.
    The only way for you to get the car back is to clear off all of the outstanding finance.

    Did they repossess from your home?


  • Registered Users, Registered Users 2 Posts: 2,120 ✭✭✭tommyboy26


    probably was the wrong idea to post about it on here.


    can a mod please close this thread


  • Registered Users, Registered Users 2 Posts: 24,633 ✭✭✭✭punisher5112


    Where was it lifted???

    Why didn't you discuss payments and talk with the lender.,.


  • Registered Users, Registered Users 2 Posts: 2,120 ✭✭✭tommyboy26


    Where was it lifted???

    Why didn't you discuss payments and talk with the lender.,.

    from my house.

    i was in discussions with them.


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  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    GarIT wrote: »
    My understanding was they can reposses it, that link is a reliable source and says they can't, I don't know

    No mention of legislation or laws saying they can't .


    Surely that means anyone could get a car on finance park in the garden and then refuse to pay based you can not have repossession at home


  • Registered Users, Registered Users 2 Posts: 51,432 ✭✭✭✭bazz26


    My understanding is that if the car was parked on your driveway or parked outside your home then they can repossess it. They cannot however repossess it if it is located on secured private property.


  • Registered Users, Registered Users 2 Posts: 28,790 ✭✭✭✭drunkmonkey


    They also can't repossesse it if your a Garda or in the Army I think. There's something about taking their cars.


  • Registered Users, Registered Users 2 Posts: 10,717 ✭✭✭✭Marcusm


    bazz26 wrote: »
    My understanding is that if the car was parked on your driveway or parked outside your home then they can repossess it. They cannot however repossess it if it is located on secured private property.

    It shouldn’t matter whether secured or not, the issue is whether they have to trespass on your land to repossess their property. If it’s on your property then they must seek your permission to enter. Any implied permission as might exist for a postman or casual visitor would not exist for a repossession without your authority.

    Make contact with the financier as they may not have lawful possession of the vehicle. Notify the auction business also.


  • Registered Users, Registered Users 2 Posts: 24,633 ✭✭✭✭punisher5112


    tommyboy26 wrote: »
    from my house.

    i was in discussions with them.

    Ok that's a strange one alright... Have you gotten anywhere with them since...


  • Moderators, Business & Finance Moderators Posts: 17,865 Mod ✭✭✭✭Henry Ford III


    Marcusm wrote: »
    It shouldn’t matter whether secured or not, the issue is whether they have to trespass on your land to repossess their property. If it’s on your property then they must seek your permission to enter. Any implied permission as might exist for a postman or casual visitor would not exist for a repossession without your authority.

    Make contact with the financier as they may not have lawful possession of the vehicle. Notify the auction business also.

    Car is gone. You hardly expect them to put it back there do you?


  • Registered Users, Registered Users 2 Posts: 16,686 ✭✭✭✭Zubeneschamali


    Car is gone. You hardly expect them to put it back there do you?


    If they took it illegally, yes.


  • Registered Users, Registered Users 2 Posts: 10,717 ✭✭✭✭Marcusm


    Car is gone. You hardly expect them to put it back there do you?

    If they don’t have lawful possession of it then they cannot sell it. This is an issue for the auction house as well.

    I’m not suggesting the OP play silly buggers about it over a few missed payments. A sale at auction is likely to be costly for him which is why I would use this info to bargain with the finance company to come to an accommodation (assuming he can resume and make up past payments).


  • Moderators, Business & Finance Moderators Posts: 17,865 Mod ✭✭✭✭Henry Ford III


    If they took it illegally, yes.


    Can't see that ever happening.

    They wouldn't repo for no reason, and they know the legal side of things better than we do.

    I think the O.P. is being a little bit economical with the truth.


  • Registered Users, Registered Users 2 Posts: 19,139 ✭✭✭✭Del2005


    Marcusm wrote: »
    It shouldn’t matter whether secured or not, the issue is whether they have to trespass on your land to repossess their property. If it’s on your property then they must seek your permission to enter. Any implied permission as might exist for a postman or casual visitor would not exist for a repossession without your authority.

    Make contact with the financier as they may not have lawful possession of the vehicle. Notify the auction business also.

    Trespassing in this country is very difficult to enforce. Even with locked gates it's hard to get someone for trespass.


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  • Closed Accounts Posts: 426 ✭✭Nikki Sixx


    If you couldn’t afford the repayments, maybe you are better off without it. What is the balance you have to pay?


  • Registered Users, Registered Users 2 Posts: 10,717 ✭✭✭✭Marcusm


    Del2005 wrote: »
    Trespassing in this country is very difficult to enforce. Even with locked gates it's hard to get someone for trespass.

    It’s not taking action for trespassing; it’s forcing them to acknowledge that they don’t have lawful possession of the car because it was taken from private property.


  • Registered Users, Registered Users 2 Posts: 1,156 ✭✭✭TheShow


    OP says he was in discussions with them, however if this was the case the car would not have been repossessed.

    I'd imagine the discussions were along the line of, I'll pay you €50 next week. Next week comes and no €50 paid and not answering the phone.

    That does not constitute discussion, that is non-cooperation.


  • Registered Users, Registered Users 2 Posts: 1,269 ✭✭✭3rdDegree


    TheShow wrote: »
    OP says he was in discussions with them, however if this was the case the car would not have been repossessed.

    I'd imagine the discussions were along the line of, I'll pay you €50 next week. Next week comes and no €50 paid and not answering the phone.

    That does not constitute discussion, that is non-cooperation.

    How could you possible know what was happening?


  • Registered Users, Registered Users 2 Posts: 1,156 ✭✭✭TheShow


    3rdDegree wrote: »
    How could you possible know what was happening?

    The car was repossessed because he wasn't paying. have you not read the thread?


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