Can I get my repossessed car back?

On Behalf of | Aug 21, 2023 | Wrongful Repossession

If you have lost your car due to a repossession you consider unfair, then you might wonder if there is anything you can do, or if that is the last you will see of the vehicle.

Firstly, you need to remember that fair is a subjective term. The lender that took the car from you may consider what they did was fair, even though you do not. If you failed to meet the repayments scheduled in your initial contract, then a court will likely also consider the decision to repossess as fair.

Even though you may have a genuinely heart-wrenching story about why you failed to meet the payments and how difficult life will become without your vehicle, the fact is that if you failed to meet the agreed payments, the company was probably within its rights to take the vehicle.

So instead of focusing on fairness, you need to focus on whether the company broke any laws in the process of repossessing your vehicle.  For example:

Did they breach the peace?

Repossession agents cannot just come in, start shouting at you, threaten you or push you around to get to your vehicle. If they did not act peacefully, you may have grounds to contest the repossession.

Did they take your vehicle from a locked garage?

A car sitting in your driveway or on the street is usually fair game for a repossession company. One inside a locked garage usually requires a court order to enter and tow it away.

You might also be able to challenge the initial decision to repossess

Maybe you had paid the money due, or maybe you paid what your contract said but the lender then told you it was not enough. If the company made a mistake or just tried to swindle you, then a court should hopefully tell them to return your vehicle.

Acting quickly and getting help to understand your options is essential if a lender has repossessed your vehicle.


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