This was dismised due to the Bill of Sale issue

 

Can the Claimant instigate another claim??

 

Now CPR 38.7 Prohibits a new claim on the same particulars but a second bite at the apple without the Bill of Sale and simply on the Consumer Credit Act??

 

And finally if the Car was repo on a dodgy Bill of Sale, can a debtor then sue Finance U or the creditor for breach of contract with an unlawful repo??

Thanks for the questions and observations.

Unless the claimant tries it on again, I'm not going to push this one any further. This has dragged on since January 2013, caused me a lot of stress for a longtime and I'm pretty weary with it all.

Whilst the Bill of Sale was ineffective not being registered on time, this is becuase the claimant tampered with the dates of the agreement, we signed on 31/3/2012, but the agreements were changed to be 6th April 2012. We also didn't get any copies of the agreements until October 2013 despite three letter informing that we've never received any agreements since signing them. I'm fairly convinced at this stage after watching the judge wipe the floor with him in this area that he won't be brining this one back - however stranger things have happened I suppose, and I'll cross that bridge if and when I come to it.

It did take him three years to issue this claim.

Finance U are a nasty piece of work and hats off for keeping this going. Will be an inspiration to others who have ths misfortune to have agreements with this lot

Although it's been mega stressful, especially coming up with firm proof dates were changed, which resulted in an information request to DVLA for acquisition date of the vehicle and road tax information to prove dates were changed,

I would say to anyone fighting these people,

don't ever roll over,

give them enough rope they'll hang themselves

- this guy is in his 70s, doesn't use solicitors LiP and doesn't appear to have a clue what he's going on about

- says the first thing that comes into his head,

like he gave me a BMW to drive away a week before I signed an agreement to finance it

- as if that would happen lol.

They also forget the documents given to you under SAR for example, and issue changed ones to suit their situation.

This happened here

I was given some diary notes under SAR last year,

and after a heated discussion in the waiting area at the prelim

he issued an updated version to suit

- but that fell to bits when I added to my evidence the notes that I held because these new entries would have also existed on my copy.

I'd be happy to chat with anyone in similar situations with these people and provide any assistance from my experiences.

Also to anyone having trouble getting credit,

this is similar to doing a deal with the devil and should be avoided at all costs

- public transport would be a less stressful option than having a car from this lot.

Well done RCT

Never thought the counter claim would

be a runner due to the issues surrounding

handing the car back

Would def send full report to the FCA

May be worth considering formal complaint

regarding loss of use of the car

You never know the FOS may agree

costs nothing

I wonder if I could get some advice please,

after the court hearing,

I applied via Equifax to have the Finance U entry removed from my credit file.

Equifax contacted Finance U who have refused to remove the entry from my credit file,

is there anyway of making them remove it?

Thanks for any help!

You might find that difficult. You did have credit fron Finance U and you did default so the credit agencies are true and accurate. All it means is that Finance U cannot sue you in the courts on the same particulars

Thanks, There is no default recorded on my credit file, as in there was never a default notice sent to me, and not recorded on my file.

The account balance is wrong,

the monthly payment is wrong,

and it racks up another missed payment every month.

If everything had turned out as it should the account would have ended this time last year.

So does this mean it can just tick on forever?

He was told in court that the entries were to be removed, but that's not on the judgement document I recieived.

I guess you only avenue is to make a complaint to ICO.

can you get a transcript?

can you get a transcript?

I had thought about that dx, but after sending Finance U an email threatening a complaint to ICO and FCA - Equifax have confirmed that the information has been deleted from my credit file today - happy days!

Seems that what you need to do is be a bully bully.

sadly sometimes its the only way..

sadly sometimes its the only way..

I don't think you have a choice with Finance U - this guys relies on you giving in - if you fight he goes to pieces in my recent experience.