Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Car finance shortfall

    Had a car with my limited company (now in liquidation) and signed a personal idemnity(yes i know stupid) now had a summons for the shortfall, but have noticed the idemnity form is not dated by me nor the agreement date been entered, is that enough to not be legal or is that not enough?

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    All comments are well meant but i am not legally qualified only CAG educated


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  2. #2
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    Default Re: Car finance shortfall

    When you say "Had a car ..." does that mean on HP or lease hire or something similar?
    Assuming some sort of agreement who was it with - you or the company?
    What was the indemnity for?
    What other correspondence have you had?

    I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.
    You can also ding my gong if you prefer.

  3. #3
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    Default Re: Car finance shortfall

    It was A hire purchase agreement between finance co and my limited company how ever they required a guarantee and indemnity from both directors as to guarantee the agreement if the company defaulted. We gave the car back when requested and therefore presumed that was it. had a few letters from them, not saying very much but wanted to know if these documents not being dated was a viable arguement.

    All comments are well meant but i am not legally qualified only CAG educated


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    Default Re: Car finance shortfall

    Bump

    All comments are well meant but i am not legally qualified only CAG educated


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  5. #5
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    Default Re: Car finance shortfall

    How much of the HP was paid off and how much was outstanding? Did you get credit for the car after it was returned? From the general thrust of your first post I guess the actual figures are not in contention.

    It is likely that a missing date may not be significant as you have shown your intent by signing the form. And records of payment will set an approximate date - the agreement will have started on or just prior to the first payment being made.

    Please note that I'm a layman (although I've read a bit), not a lawyer.

    I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.
    You can also ding my gong if you prefer.

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    Default Re: Car finance shortfall

    Maybe you could try ask the FLA - they would be the authority who regulate car leasing/loans etc.. (I'm chasing some old charges made to a car loan agreement myself through these people at the moment)

    Finance & Leasing Association
    Imperial House
    15-19 Kingsway
    London
    WC2B 6UN

    Tel 020 7836 6511

    FLA

    email - info@fla.org.uk

    I'm not sure if it'll help you but if there has been a history of late / missed repayments/ installments - you can possibly reclaim these etc.. (just like bank charges) So this could be a good place to start make enquiries etc.. regarding your stuff.

    Good Luck

    My CCA skeleton argument to use in court -
    http://www.consumeractiongroup.co.uk...formation.html

    Useful Letters (CCA request is letter N)
    http://www.consumeractiongroup.co.uk...templates.html

    CAG A-Z list of useful places in CAG -
    http://www.consumeractiongroup.co.uk...hat-youre.html

    Introduction to Consumer Litigation -
    http://www.consumeractiongroup.co.uk...er-credit.html
    CABOT THREADS -
    http://www.consumeractiongroup.co.uk...t-threads.html

    ALWAYS SEEK A PROFESSIONAL OPINION FROM QUALIFIED ADVISORS - any advice offered is from my own experience and knowledge - I am NOT qualified.


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