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cheekone

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  1. 1 ) The default notice is in correct 2 ) termination Notice is incorect 3) total amount payable is incorrct 4) amount of credit is incorect 5) amount under termination your rights is incorect 6) amount under Repossion your rights is incorrect 7) the agreement hasnt been signed by or dated by the original creditor 8)The documents sent to me in the witness statment are not true copies of the original agreement or terms and conditions original documentation would be marked as Financial house copy , or customer copy 9) the final repayment is incorrect 10) The agreement is regulated under the Distant Selling Rules rules , faxes where used from dealer to creditor 11) claim was made on July 12th 2009 , and enforced on the 29th August 2009 12) excellent solictors made a counter claim on my behalf , and i was suffering from mental health issues when the case went back to court , on the 10th August 2010 , and i follish consented and spent a year out of work and developed B12 deffiency , gave the court a letter from my doctor , which the court accepted 13) neither the laiment or their representives responded to my defence as orderd by the judge 14)Case setaside 19th of july 2011 15)date on the direct debit had been changed to later date than on customers copy , 16) , i wasnt present when the faxes where sent I allready had the car 17)the claiment sold my personal property with the car 18) no notice of asignment , sent by original creditor
  2. sorry to ask this again but do i need to send a letter before action , as it was in 2011 it was set aside
  3. At the setaside hearing in 2011 judge also agreed , that i had paid £38000 , but wants all the facts
  4. yes , and the default notce is in correct , and anount of credit is in correct , and payments are incorrect and and total amount payable includees the deposit i had already paid, and the total amount payable is more than the cash price of the car, Its also regulated by the distant selling rules , sorry about typos , numb fingers thank you every body for your replies unfortunatly i been under the hospital with neurlogical issues , and other problems sorting out all the details now . including the opening balance from black horse that doesnt inmclude the deposite , and all 3 solicitors where from crellins please find a copy of default notice , and customer statment, and agreement might have to redo them tommorrow
  5. I was sold a car in 2004 and all the figures are incorrect termination your rights has been calculated at half the total amount payable , the default notice is invalid , and all payments are wromg and the apr is not the agreed apr had it setaside in July 2011 , and have till august to make a claim
  6. and the soliciter before him was from crellins , meaning neither had a right to claim my bloody car like they did
  7. recently when to a set-aside hearing, when explaining to a judge, that the claim I received , was from some other bunch of solicitors, and it was Bryan Carter who had showed up at the hearings making the claim and told the Judge , they had no legal reason to be their, he agreed and told me I needed A solicitor ?
  8. apart from me going up and down to the the doctors and hospital nothing Thanks everyone Just one more thing , should the original creditor Blackhorse of sent me a notice of assignment when the agreement was transferred to the new owner Honda , under the 1925 property act ?
  9. I didn't think I could issue a claim , as their current claim is still live ? but if I can yes I thought I had to amend my witness statement , to make a counter claim
  10. good morning ganymead I got took to court in 2009, and I was prevented from entering a defence, even after I requested docs, by cpr 18, I got the documents well past the 21 days for entering a defence. The docs where not the originals, and the amount claimed was wrong, had some really good solicitors, who tried to help me, but by the time it got to court, I was suffering from b12 defciency , depression anxiety, and still not very well now Had another hearing in 2010, and the Judge tried to help me unfortunately by the time it got to court, I had had problems remembering things and was totally exhausted, I just couldn't keep up. So very stupidly I consented been under various specialist for the last 3 years , neuroligists, psyciatrists The claimants' claimed the total amount payable was 340000 it the actually amount payable was £24000 the amount of credit is £500 more than it should be , the apr is incorrect the cca returned , where not the originals I managed to get Judgement setaside in July 2011
  11. no andy they haven't , I got to ask permission of the court to amend my defence , and I thought I had six years or am I wrong ?
  12. yes andy I am, sending sars tomorrow, as original creditor has all the paperwork, and going to the court tomorrow, for original paperwork
  13. right , this is going back to 2009, I brought a car, and got took to court, the cash price of the car is incorrect, of amount of credit is wrong , the , total amount is payable is wrong, the agreement also shows, that I paid a cash deposit, when I part exchanged and the sales invoice shows this I got the judgement set-aside in 2011, and been really ill since the court enforced the agreement
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