RETURN OF GOODS/Court Claim Duncton/Moneybarn.....PLEASE HELP ME!!!!!

[InGodITrust]

I am new here and would just like to say that this forum has been a God send and provided me with a wealth of vital information. So now for my predicament....

 

I financed a car this time last year in 2008 and paid regularly for only 5 months before I was suddenly made redundant from work with little notice and was no longer able to make the car payments.

 

The total price of the goods - 24K

 

The unpaid balance is around 19K

 

Fast forward to yesterday I recieved a "Notice of RETURN OF GOODS" where the claimant/finance company are seeking:-

 

1. An Order for Delivery Up of the Vehicle

 

2. The sum of 19K "representing the balance outstanding on the Agreement and pursuant to Clause 9.02"

 

-The debt is was not sold to a debt collection agency.

-Ive worked out that the date of acknowledgement ias being due on the 26th of March. Does this mean the defence is due 14 days after this date? not too sure!

-A default notice was recieved October 2008

 

Apart from being extremely worried and upset that things have gotten this bad for me,

I have also been quite confused as to what steps I should take from this point on.

 

I have come round to the fact that It will take much longer than I expected for me to get back into paid work and so I am very willing to return the vehicle which I should mention has a current market value of around 10-12K

The documents I received in the post:-

I apologize that I do not have a working scanner so cannot upload scans of the documents

 

1. Notice of RETURN OF GOODS

 

2. Claim Form

 

3. Particulars of Claim

 

4. Conditional Sale Agreement

(which is a legible 3 page photocopy of the original agreement where the first page has my full signature and pages 2 & 3 are initialed by myself)

 

Having read various very informative posts these are the steps I am considering taking:-

 

1.Complete the "acknowledgment of service" requesting 28 days rather 14 to prepare my defence.

 

Should I tick that I intend to defend all of this claim or part of this claim considering I am willing to return the vehicle?

 

2. As per the advice of a post by"surfaceagentx20" I will send a "CPR 31.14 Request" requesting the following documents which were all mentioned in the particulars of claim:-

 

• The default notice
  
• The termination notice
  

Now many posts suggest that you should only request documents which are mentioned in the particulars of claim. My question is; what constitutes the mentioning of a document in the particulars of claim?

 

Within the POC it states (quoting the agreement):-

 

"....The following will each be an Event of Default:

 

7.1.1. if you fail to pay the Advance Payment (if any) or any of the repayments specified overleaf or any other sum payable under this Agreement, or otherwise breach any term of this Agreement...."

 

The POC then goes to say:-

 

"On or after the occurence of an Event of Default we shall be entitled (subject to the Consumer Credit Act 1974) and after serving a Default Notice, at our option to terminate this Agreement."

 

Does this count as mentioning a notice of termination?

If it does then I will obviously also request that as part of the CPR 31.14, but if it does not count as a mentioning a notice of termination then I will remove it from the list of requested documents. Please advice!!!!:?

 

I am still out of work and have no means of paying any sort of amount wheather it be upfront or in installments, I'm just in a big mess!!.

Can any body help me and let me know if I am taking the correct steps, what outcome can I expect and if there are any other steps I should be taking

 

Thank you in advanced to any one that can help!!!!

Edited April 3, 2009 by InGodITrust

[chris600uk]

24 - 19 = 5

24 divided by 5 = > 1/3

1/3 of 24 is 6.

 

The reason for the maths is that unless you have paid more than 1/3 of the original debt on your agreement -- they do not need a court order to recover the car.

 

I don't think that that is the end of it, I suspect that they have to find it first.

[InGodITrust]

Thanks for your reply chris600uk.

 

I realize they have the enforceable right to take the car because I haven't paid more than a third. Because of this I have had the car in storage for the last 3-4 months.

 

Like I said I'm willing to give up the car, I'm more worried about them requesting the vehicle AND chasing all of the 19k on top. My main objective would be to get that sum down to under 10k (less the trade value of the car), if not struck out for non compliance to my CPR request. Do you think this is a long shot?

 

I sent my Acknowledgment of Service and CPR request today so we'll wait and see if they reply to my request.

[InGodITrust]

I've received a signed agreement, default notice and termination notice.

 

Everything on their end is in order except for the fact I did not receive the default notice or the termination notice that they have sent copies of to me.

 

I must submit my defence by the 9th of April!!!!

 

Could someone please help!!!?

 

I need to explain that the default notice and termination notice they claim to have sent me, was not received by me.

 

 

Thank you in advance

[sailingman321]

Hi

First I am not an expert...

Someone who knows better how to help should be here before too long.

 

If you can't defend - don't panic from what I understand the court will not ask you to pay anything you cannot afford.

 

I am not sure there is much you can defend if they do have a valid agreement etc.

 

You do need to try to get these posted up if you can for the experts to take a look.

Do you have a digital camera - or a camera on your phone that you cna use to photo the documents.

 

Make sure you blanked out any identifiable details use paint.

The upload these to photobucket and paste in the links here.

 

Some questions that may help - have they added any penalty charges to the original balance?

How long ago was this agreement taken out (approximately) and roughly how long ago did you last make a payment?

 

 

It may be a good idea to start to put together a budget of your incomings and outgoings - if you are married this may need to include your spouses details too. I am not sure of this though. Don't post this up here though - this is in case you need to give this to the court.

 

If you don't get any help form the experienced guys in the next day or two I would suggest selecting the Triangular exclaimation mark and try to get the site teams attention.

 

This should act to bump and keep you at the top.

[42man]

Was the default notice compliant ?

[InGodITrust]

Thank you for your advice Sailingman. The Agreement was taken out April of last year and the last time I made a payment was at the end of September last year.

 

I managed to get hold of a scanner and have uploaded scans of the Agreement and the Default notice and termination they claim to have sent me. 42 Man I'm not sure if the default notice is compliant.

 

One thing I have noticed whilst scanning is that the agreement does not contain the registration mark of the vehicle in question. The space where it should be is left blank. It does state the Chassis number

 

On the Termination notice when referring to “Goods” its states the registration mark and the make of the vehicle next to it. The particulars of claim and every other document refers to the goods in question via the registration mark.

 

I don’t know how significant this may be?

 

The Agreement (3 Pages)

 

http://img19.imageshack.us/img19/7063/xagreementpg1.jpg

 

http://img6.imageshack.us/img6/6095/dagreementpg2.jpg

 

http://img5.imageshack.us/img5/2573/dagreementpg3.jpg

 

 

The Default Notice (2 Pages)

 

http://img165.imageshack.us/img165/9599/xdefaultnotice.jpg

 

http://img171.imageshack.us/img171/5704/defaultnoticepg2.jpg

 

 

The Termination Notice (1 Page)

 

http://img21.imageshack.us/img21/8638/dterminationnotice.jpg

 

 

 

Edited April 5, 2009 by InGodITrust
re-uploaded 1st page of the agreement to display charges

[sailingman321]

That's great! Hopefully someone should be along shortly to help.

 

Have you actualy received a court claim form from the lender?

 

Have you spoken to the lender on the phone at all? They may be willling to negotiate?

 

I would advise waiting for someone to help you further though.

Hopefully it won't be too long.

 

Sailingman321

[InGodITrust]

Yes I do hope so.

I received the court claim papers on the 12th of March.

 

I would like to send my defence on Monday morning sp I'm hoping for a little help/advice before the end of the weekend.

 

In the meanwhile I will be looking over my finances and working out some sort of budget sheet in light of your advice.

[GamekeeperToPoacher]

Hi IGIT,

 

I must firstly point out that I am NO expert but think that the Termination Notice is dubious.

As I read it they have posted the letter and then give you 24 hours to remedy the fault. It is obvious that you are unlikely to have even received it by then.

 

I too have a case against me and I sent off a CPR request and an embarrassed defence and have heard nothing since. In my case they have come after me for the money while still, I believe, having a charge on the vehicle.

 

I hope tht this helps somewhat and suggest that sfter this bump if nothing happens that you should press the triangle over here somewhere

 

Regards

 

GKTP

[InGodITrust]

Thanks for the bump and advice GKTP

 

Do you have any idea what the implications may be if the termination notice turns out not to be legit?

 

Also, what is an "embarrassed defence"?

P.S a couple of people have advised that I should hit the triange button, the only one I can see is the one to "report post" is this the button everyone's talking about?

 

Thanks again

Edited April 4, 2009 by InGodITrust

[GamekeeperToPoacher]

Hi IGIT,

WRT the triangle - yes it is the one and then just put in that you require assistance.

 

Can someone have a look at my defence below please and see if its ok to send. I sent the CPR request 30/1/09 and still have had othing back at all.

 

[embarrassed defence removed - dx]

If you are happy with my suggestion a tinkle on the old scales

[InGodITrust]

Ok thanks. I dont think this will apply to me because they complied with my cpr request. Is this correct? I guess I'll have to wait for someone to have a look at my scanned documents before I know which direction I am going to go with my defence.

Edited April 4, 2009 by InGodITrust

[WelshMam2009]

Pretty sure your DN is not valid as certain statements should be in capital letters, bold and underlined...

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH.

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]

 

IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU.

 

BUT IF YOU HAVE PAID AT LEAST ONE-THIRD OF THE TOTAL AMOUNT PAYABLE UNDER THE AGREEMENT SET OUT BELOW (OR ANY INSTALLATION CHARGE PLUS ONE-THIRD OF THE REST OF THE AMOUNT PAYABLE), THE CREDITOR MAY NOT TAKE BACK THE GOODS AGAINST YOUR WISHES UNLESS HE GETS A COURT ORDER, (IN SCOTLAND, HE MAY NEED TO GET A COURT ORDER AT ANY TIME.) IF HE DOES TAKE THEM WITHOUT YOUR CONSENT OR A COURT ORDER, YOU HAVE THE RIGHT TO GET BACK ALL THE MONEY YOU HAVE PAID UNDER THE AGREEMENT SET OUT BELOW.

 

Yours are all in lower case and don't appear to be bold.

 

If the DN is invalid and they have terminated the account then my understanding is that they can only claim the arrears specified at that time.

 

The regs you need are Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

PS Haven't included the underlined bits as have yet to find where that is stated!!!

 

Good luck!!

[WelshMam2009]

This is a copy of a defence I copied from another thread as I am in a similar position with regards to a dodgy DN. You can insert this in your defence and amend to suit.

 

The Default Notice

 

13. The Claimant submits that in addition to the credit agreement being irredeemably flawed, the default notice served under s87 (1) Consumer credit act 1974 failed to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561)

 

14. Section 2 (5) and (6) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 sets out the following

 

(5) Where any statement is required to be in a form specified in a Schedule to these Regulations and is reproduced in the notice, then apart from any heading to the notice, trade names or names of parties to the agreement-

 

(a) the lettering in the statement shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in the notice; and

 

(b) where words are both shown in capital letters and underlined in any statement specified in a Schedule to these Regulations, they shall be afforded yet more prominence.

 

(6) The wording in any such statement shall be reproduced in the notice without any alteration or addition, and in relation to any statement to be contained in the notice the requirements of any note shall be complied with, except that the words "the creditor" may be replaced by the name of the creditor, by the expression by which he is referred to in the agreement or by an appropriate pronoun, and any consequential changes to pronouns and verbs may be used.

 

15. The default notice served by Mercers on behalf of the defendant did not contain the required statements in the required form for the following reasons

 

The notice failed to set out the name and a postal address of the creditor or owner as laid out in schedule 2 of the regulations, regulation 2(2) paragraph 2

 

The notice also failed to include the following statement

 

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH as required by paragraph 4, in the Defendants version the statement is set out in lower case and therefore contrary to the regulations.

 

Furthermore the notice failed to set out the notice required by paragraph 5

 

"IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]" again in the defendant’s version it is lowercase and not as prescribed

 

 

Finally the document does not contain A statement in the following form--

 

"IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE. FOR EXAMPLE YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT OR YOUR NEAREST CITIZENS' ADVICE BUREAU".

 

16. It is noted that the regulations do not allow any variation in the form of these statements and therefore it is suggested that where the statements are not as laid down in the regulations the default notice is invalid and further enforcement action should not be taken until such time as a compliant notice is issued

 

17. For a creditor to be entitled to terminate a regulated credit agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the agreement, a creditor must serve a Default Notice under section 87(1) CCA 1974 which states

 

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,-

(a) to terminate the agreement, or

 

(b) to demand earlier payment of any sum, or

 

© to recover possession of any goods or land, or

 

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e)to enforce any security.

 

 

18. It should also be noted the opening part of section 88(1), which states

 

88. Contents and effect of default notice.

 

- (1) The default notice must be in the prescribed form....... The word must make it clear that no variation is acceptable. Therefore it cannot be dispensed with as a De Minimus issue

 

 

19. In the case of Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 in the Court of Appeal, the court addressed in some detail the issue of the contents of a default notice and should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render the default notice invalid I quote the comment of KENNEDY LJ: "This statute was plainly enacted to protect consumers, most of whom are likely to be individuals" the judgment appears confirm the consumer credit legislation made under the Consumer Credit Act 1974 as plainly enacted and set out to offer protection to the consumer. Therefore it is suggested that the failure of the claimant to set out the default notice in accordance with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) should render it invalid

 

[InGodITrust]

Thanks welshman, this is a great help. I will try and find and have a look at the regs' you mentioned

 

Do you think the credit agreement and termination notice are compliant?

[WelshMam2009]

Will certainly take a look for you tomorrow IGIT.

 

However, it's default notices that I have been brushing up on recently.

 

Not received one CCA yet and desperately waiting for a termination letter for the dodgy DN I have!!

 

Really think you have a good case.

 

There is a thread on here whereby a Cagger actually won his case.

 

He got the debt written off, all costs paid and also got to keep the car!!

 

I have the transcript and will try and find the link tomorrow for you.

 

Best wishes...

[InGodITrust]

Very much appreciated welshmam!!!!! I'm going to scour the forum now for more info on dodgy DNs

 

I also saw that you posted this in one of your threads;

 

It is not known and not admitted that the Pursuer has served the Defender with a copy of the said default notice. It is explained that the serving of such notices is regulated both in terms of format and time to remedy any breach, as prescribed under Section 87(1) of the Consumer Credit Act 1974. It is neither admitted, denied or known if any default notice in the prescribed format was ever received and the Defender puts the Pursuer on strict proof that said document in the prescribed format was delivered to the Defender.

 

The Pursuer is requested to prove that any default notice issued is accurate in terms of both scope and nature of breach and includes an accurate figure required to remedy any such alleged breach. The prescribed format for such document is laid down in Consumer Credit (enforcement, Default and Termination Notices) Regulation 1983 (SI 1983/1561) and Amendment regulations and Consumer Credit (Enforcement Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237).

 

I think I may use this as part of my defence

Edited April 5, 2009 by InGodITrust

[InGodITrust]

:!:I've spent a while looking at threads related to dodgy DNs and have been able to conclude that the DN they claim to have sent me is not compliant. Until I get some advice on my agreement I will be using this as the basis for my defence.

 

Thanks to all the help and posts that I've been reading I have managed to copy and paste other peoples defences and put together one relevant to my case.

 

Here is a draft of what I will be submitting as my defence. I would really appreciate some advice on whether this would be a good line of defence? thanks again guys!!!!!!!;

 

1. I xxxxxxxx of xxxxxxxxxxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxxxxxxxxxxx

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. On XXXXXXXX I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by myself and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice. In this regard I wish to draw the courts attention to the following matters;

 

4. A copy of the purported default notice that the claimant cites in the Particulars of Claim, and wishes to rely upon in court, has not been served attached to the claim form

 

 

5. I refer to a copy of a default notice which the claimant submits was served. The date of the letter is stated as 30/10/2008; it is denied that any Default notice was received thus not allowing the prescribed time frame required by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) which states, Regulation 2(2) schedule 2

 

Details of breach of agreement and action required to remedy, or pay compensation for, the breach

3

A specification of:--

(a) the provision of the agreement alleged to have been breached; and

(b) the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either

© if the breach is capable of remedy, what action is required to remedy it and the date, being a date [not less than fourteen days] after the date of service of the notice, before which that action is to be taken; or

(d) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date [not less than fourteen days] after the date of service of the notice, before which it is to be paid.

 

6. Fourteen days were not allowed between service of the default and the time laid out where the alleged breach needed to be remedied. It is denied any default notice was ever received and the Defender puts the Pursuer on strict proof that said document was delivered to the Defender.

 

7. In addition to the failure of the default notice to allow the prescribed time frame, I note the Default is also deficient in the following areas.

 

8. Section 2 (5) and (6) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 sets out the following

(5) Where any statement is required to be in a form specified in a Schedule to these Regulations and is reproduced in the notice, then apart from any heading to the notice, trade names or names of parties to the agreement-

 

(a) the lettering in the statement shall be afforded more prominence (whether by capital letters, underlining, large or bold print or otherwise) than any other lettering in the notice; and

 

(b) where words are both shown in capital letters and underlined in any statement specified in a Schedule to these Regulations, they shall be afforded yet more prominence.

 

(6) The wording in any such statement shall be reproduced in the notice without any alteration or addition, and in relation to any statement to be contained in the notice the requirements of any note shall be complied with, except that the words "the creditor" may be replaced by the name of the creditor, by the expression by which he is referred to in the agreement or by an appropriate pronoun, and any consequential changes to pronouns and verbs may be used.

 

9. The notice fails to include the following statement in the form as shown

 

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

 

10. Also the notice fails to set out the statement as set out below

 

"IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]"

 

11. The notice displays the statements above in lower case and the statements have not been afforded any prominence than any other lettering in the notice, and so the notice does not comply with the prescribed terms.

 

12. The statements referred to in points 9 & 10 are laid out in schedule 2 of Consumer Credit (Enforcement, Default and Termination Notices Regulations 1983 (SI 1983/1561)

 

13. For a creditor to be entitled to terminate a regulated credit agreement where there is a breach, demand repayment in full or take any legal action to recover any monies due under the agreement, a creditor must serve a Default Notice under section 87(1) CCA 1974 which states

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a "default notice ") is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,-

(a) to terminate the agreement, or

 

(b) to demand earlier payment of any sum, or

 

© to recover possession of any goods or land, or

 

(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

 

(e)to enforce any security.

 

14. I note the opening part of section 88(1), which states

88. Contents and effect of default notice.

 

- (1) The default notice must be in the prescribed form.......

The word must makes it clear that no variation is acceptable. Therefore it cannot be dispensed with as a De Minimus issue

 

 

15. I note that the regulations do not allow any variation in the form of these statements and there fore it is suggested that where the statements are not as laid down in the regulations the default notice is rendered invalid as a consequence

 

16. In the case of Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339 in the Court of Appeal, the court addressed in some detail the issue of the contents of a default notice and should the notice fail to comply with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) it would render the default notice invalid I quote the comment of KENNEDY LJ: "This statute was plainly enacted to protect consumers, most of whom are likely to be individuals" the judgment appears confirm the consumer credit legislation made under the Consumer Credit Act 1974 as plainly enacted and set out to offer protection to the consumer. Therefore it is suggested that the failure of the claimant to set out the default notice in accordance with the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) could unduly prejudice me as it failed to allow the required time to remedy the default

 

17. I suggest that since the claimant has not complied with the requirements to issue a valid default notice, the claimant should not be bringing this action before the court until the procedure set out for the protection of consumers has been followed. It is noted that the Consumer Credit (Enforcement, Default and Termination Notices Regulations 1983 (SI 1983/1561) require strict compliance and clearly indicates in the wording that substantial compliance is not enough.

 

18. I respectfully request the court give consideration to the claimants rights to bring this case while not in compliance with Sections 87,88 & 89 of the Consumer Credit Act 1974 in respect of the default notice and its failure to adhere to Consumer Credit (Enforcement, Default and Termination Notices Regulations 1983 (SI 1983/1561)

 

 

19. In view of matters pleaded, I respectfully request the court give consideration to striking out the claimants case pursuant to part 3.4

__________________

Edited April 5, 2009 by InGodITrust
typo

[Peterbard]

Thank you for your advice Sailingman. The Agreement was taken out April of last year and the last time I made a payment was at the end of September last year.

 

I managed to get hold of a scanner and have uploaded scans of the Agreement and the Default notice and termination they claim to have sent me. 42 Man I'm not sure if the default notice is compliant.

 

One thing I have noticed whilst scanning is that the agreement does not contain the registration mark of the vehicle in question. The space where it should be is left blank. It does state the Chassis number

 

On the Termination notice when referring to “Goods” its states the registration mark and the make of the vehicle next to it. The particulars of claim and every other document refers to the goods in question via the registration mark.

 

I don’t know how significant this may be?

 

The Agreement (3 Pages)

 

http://img8.imageshack.us/img8/236/dagreementpg1.jpg

 

http://img6.imageshack.us/img6/6095/dagreementpg2.jpg

 

http://img5.imageshack.us/img5/2573/dagreementpg3.jpg

 

 

The Default Notice (2 Pages)

 

http://img4.imageshack.us/img4/5310/ddefaultnotice.jpg

 

http://img22.imageshack.us/img22/1946/ddefaultnoticepg2.jpg

 

 

The Termination Notice (1 Page)

 

http://img21.imageshack.us/img21/8638/dterminationnotice.jpg

 

 

 

To view the gallery of all documents click here

 

ImageShack® - Gallery

 

Hi

 

I need to see the full details of fees and charges on the agrement in order to verify its enforceablity regarding total charge for credot.

 

Regards

Petr

[InGodITrust]

Hi

 

I need to see the full details of fees and charges on the agrement in order to verify its enforceablity regarding total charge for credot.

 

Regards

Petr

 

Hi Peter

 

Thank you so much for having a look. I've uploaded the first page of the agreement again with the fees and charges displayed. I've also done the same with the default notice.

 

Thanks again it is much appreciated.

 

The agreement

 

http://img19.imageshack.us/img19/7063/xagreementpg1.jpg

 

The default notice (2 pages)

 

http://img165.imageshack.us/img165/9599/xdefaultnotice.jpg

 

http://img171.imageshack.us/img171/5704/defaultnoticepg2.jpg

Edited April 5, 2009 by InGodITrust

[Peterbard]

Hi

 

Unfortunately this is a pre april 2007 agreement so you cannot go for automatic unenforceability.

 

This is unfortunate because the payments are misstated and they are a prescribed term.

 

The agreement should read deposit 3183

 

first payment 225

 

47 payments 447.88

 

This then agrees with the APR

if the first payment was has they have stated then it would be a nonsence.

 

I don't know why the gap with the last payment it makes no differnce as far as i can see unless there was an option fee payable on the last day and that should be on the agreement so woul dyu let me kknow if this is the case.

 

THe misstated payments are still a breach of the act and would make the agreement enforceable only by order of the court,the court may even consider that it serious enough to warrent some ammendment of your agreement but this is as i say up to the court.

 

Howevwer if you are after making ourself a little time in order to get another plan together .

I should draft them a letter saying that the agreement is flawed in that the payments schedule does not correspond with the stated APR.

 

They will no doubt come back to you and tell you that it was your deposit + fee but all you have to say is that it does not say that on the agreement i signed it says it was the first installment and the cca 1974 says that these are prescribed terms and must be correct.

Best regards

Peter

[InGodITrust]

The Consumer Credit Act 1974 applies to all agreements pre April 2007. After then it is Consumer Credit Act 2006.

 

However, I am also slightly confused as I thought that it was better to be pre April 2007 rather than post!!

 

My understanding is that post April 2007, the creditor can apply to the courts for enforceability whereas pre April 2007 they couldn't.

 

I'm wondering if it's just a typo on Peter's part and he meant to write "post April 2007" instead of "pre."

 

Oh ok

 

It would make sense if it was a typo and he meant post 2007

[citizenB]

What was the date on the Default Notice ?. I see that the remedy date was 19th November, did you have 14 clear days between the date of issue ?

 

Also, I notice the termination notice was dated 19th November. If they were giving you until 19th November to remedy the breach, surely the Termination Notice should have been dated 20th or later ?

 

Ok, I see in your defence the DN was dated 30th October, so yes it would appear they did give you sufficient time. However, I would still query the TN date.

[InGodITrust]

What was the date on the Default Notice ?. I see that the remedy date was 19th November, did you have 14 clear days between the date of issue ?

 

Also, I notice the termination notice was dated 19th November. If they were giving you until 19th November to remedy the breach, surely the Termination Notice should have been dated 20th or later ?

 

Ok, I see in your defence the DN was dated 30th October, so yes it would appear they did give you sufficient time. However, I would still query the TN date.

 

Hi citizenB

 

Thanks for taking a look.

 

The date on the said default notice is 30th October. So it means they gave me 19 days, which is compliant. I'm hoping to get them on the formatting of the default.