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FCA Automotive Services/Stoneacre Car Finance agreement and Steven Drake sols claimform - CCA recon?so the debt is statute barred then more than 6yrs since your last payment?
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what is an OCA letter? you follow post 2 as stated. dx
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pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email. then log in to the bulk court Website . select respond to a claim and select the start AOS box. . then using the details required from the claimform . defend all leave jurisdiction unticked you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt] https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............
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FCA Automotive Services/Stoneacre Car Finance agreement and Steven Drake sols claimform - CCA recon?By WantJustice · Posted
Which Court have you received the claim from ? Civil National Business Centre, Northampton Name of the Claimant ? CA Auto Finance UK Limited How many defendant's joint or self ? One (self) Date of issue – 02 May 2024 Particulars of Claim What is the claim for – Unpaid car loan 1. By an agreement in writing dated 26 November 2015 and made between the Claimant and the Defendant, the Claimant loaned the Defendant a sum of money. The agreement was Regulated. 2. The Defendant failed to make payment of the sums due and the Agreement was terminated by the Claimant. 3. On the 7 February 2019 the balance due from the Defendant was £8,196,38. The Defendant has paid £0.00. THE CLAIMANT THEREFORE CLAIMS 1. £8,196,38 2. Contractual interest to the date hereof £0.00 3. Further interest at 10.70 per annum (£0.00) per day until judgement or sooner payment. 4. Costs to be assessed. CLAIMANTS CLAIM £8,196.38 What is the total value of the claim? £8751.38 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Car Loan When did you enter into the original agreement before or after April 2007 ? After Do you recall how you entered into the agreement...On line /In branch/By post ? In Branch Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Creditor was FCA Automotive Services UK Limited Were you aware the account had been assigned – did you receive a Notice of Assignment? No and No Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Unaffordable What was the date of your last payment? Feb 28 2018 Was there a dispute with the original creditor that remains unresolved? Yes (irresponsible lending and they did not supply all documents when CCA sent. The Terms and Conditions they sent as part of the request were different to the original Ts and Cs. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
We have finally managed to obtain the transcript of this case.
The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.
Frankly I don't think that is any accident.
One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
This is good ethical practice.
It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.
OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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