Car repossesion in spain. legalities ?

Does anyone have any info on the legal side of repossesing a uk reg car in spain

If it is on hire purchase, I think you will find in the small print of your contract that the vehicle should not be taken out of the country, for extended periods, so you would already be in breach of contract. Depending on how much you have outstanding, as you are in a EU member state, the finance company would be able to take steps to recover their asset and make charges for recovery costs. If however it has been purchased with a unsecured personal loan, there isn't really a lot they can do about it if you live in Spain. That said, a lot of companies are now going to court with unsecured loans and gaining charging orders against UK property (if you still have one) because of the high rate of defaults. Because the homeowner doesn't contest this in court, the finance company get the order.

I would seek some professional advice on your options persoanlly.

Mark

Hi Mark

Your reply to Paulandsam was 100% correct, however lets assume the that its a finance company and there are no assets in the uk, what do you think they would really do?.

I guess they would have to employ the services of a tracing agent or private detective either here in Spain or from the UK to trace and then seize the car.

If Paulandsams location in Spain is unknown to the finance company this might prove difficult, but I guess that if the car is still on its uk reg plates the guardia civil could find it quite quickly if this falls within there remit.

Steve

would tha gaurda civil help with the repo ?

Just to clarify my situation, I am looking to reposses a car from Spain and would be interesred to know if local police will help, legalities ect,

If you get a repossession order in a UK court, theoretically you could just go and take possession as we are all one market. In reality though it can't really be that simple can it? After all, it is Spain . I don't  see why you shouldn't be able to go to a Spanish court with your possession order to have it "authenticated" for their system and maybe have an embargo placed on it? Then trundle off to the address you have with a transporter, or drive it away if you have keys. I wonder if there is an agency in Spain that would be able to do this work for you to save you the hassle of coming over, transporting it back, etc. They may be able to take possession, sell the vehicle on your behalf and forward the monies. Not sure how it would fare if there are outstanding tickets on it though?

There are a couple of solicitors on here that may pick up the thread and be able to go through the nitty gritty with you.

Mark

Ok

Paulandsam

Do you know the name and address of the people in Spain who you want to reposses from, Do you own the legal title to the goods, is there a finance company involved who owns legal title. Are you trying to repossse or is it the finance company. Need more detail to answer your question

Team GB

There are a few UK companies that work for UK insurance & HP companies that come and re-possess cars in Spain.

They seem to get a lot of help from Guardia Civil & local police as long as the peperwork is in order and is translated. The Guardia Civil in Estepona are especially helpful - but make sure you can speak to them in Spanish or take someone who can