Prevent sale of leased vehicle?

Questioner

I have a financial lease that only has 10 months left. Due to a miscommunication with the leasing company, a payment arrears of 2 months has occurred. Now the company has reported embezzlement and the car has been seized by the police abroad. It concerns a small horse truck, which is used by me commercially and mostly abroad. I have proposed to repay the entire term plus the costs incurred, so the company has not suffered any loss. This is refused by them. This car is of enormous business importance to me and its value is much higher than the amount still to be paid off. What procedure can I initiate to prevent the vehicle from being sold to a third party? As I have already indicated, I have found the means to fully compensate the company

Lawyer

Based on the information you provide, there seems to be room for legal action. Ultimately, however, this will depend on the specific lease agreement and the general terms and conditions that apply. First, you could approach a lawyer or attorney to request a 'provisional measure' from the court. This is a provisional ruling by the judge pending a final ruling in a substantive procedure. With a provisional measure, you can try to prevent the sale of the car while the substantive procedure is ongoing. Furthermore, under the Financial Supervision Act, you may be able to file a complaint against your leasing company with the Financial Services Complaints Institute (Kifid). They can then assess whether the leasing company has complied with the applicable regulations for financial institutions. Furthermore, you could (have) the agreement and the general terms and conditions of the leasing company checked. There may be provisions in it that can help you in this situation. As the situation is complex and depends on the specific facts and agreements, I would advise you to consult a lawyer or legal expert for further advice. They can look at your specific circumstances and provide personalized, expert advice. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.