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TimeToStandUp

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Everything posted by TimeToStandUp

  1. So how do I go about this, it's been a burden on me... what gets me is that a car finance company repossessed the car and then Acf at same car at auction for a pittance.. when they could of sold it in their own dealership to another mug like me for the Same price... I also discovered that someone has been playing around with the mileage !
  2. uHi guys, I attached some documents, the original application, Bill of Sale, the clients Court application form, the court order, some debt collector letters, I have another box with loads more info and later I will add my full breakdown of what I feel is wrong with the wholething, including the shocking info I found from the car once it had been repossessed.. Please find the docs attached to view. TTSU.pdf
  3. i do have the original court paperwork and a draft letter fro Stephenson solicitors, but at that time I couldn't afford for them to represent me, and I think that's when I gar up and stupidly did nothing. I dig it all out and scan it and upload here
  4. Hi it was a joint debt with my wife, as I Was doing the process of getting ready to sell, I had to have her removed from the land registry, which I did last week. id This is a full charge on property so has to be cleared with any sums.
  5. Hi I bought a car from Approved Car Finance in 2008 for around 6k, Back then I couldnt afford it and it got repossessed (illegally according to Stephensons Solicitors). The Funding Corporation took me to court, Back in those days there was no websites like this to help so I hid my head in sand and lost.... I had the odd letter from them, a year or so later a solicitor sent a nasty letter which I wrote back with a load of complaints, I trying to rebuild my life, as my wife passed away a few years back I met a lovely lady and we started a family together, but we need to move on, I decided to sort all my debts out and look to move... today this is in tatters as Funding Corporation want £27k to settle this debt, which I truely believe is all miss selling. PPI, Warranty on Car which was not fit for purpose, GAP Insurance, I was without the car for the first month as it was faulty, illegally repossesd... Where can I go from here, the CCJ was recorded in 2010, and they put a charge on my house.
  6. Thanks UncleBulgaria... Its a bit frustrating I can see why he not doing it as he wont meet the criteria, but if he has the house and she has nothing but cant move on with her life as she still got that round her neck then its wrong.
  7. This had been done... Basically it was a torrid relationship and she just wanted to get out for her and her daughters sake.. Life was made miserable for her.. The only line in the Divorce papers is the one where it actually states that any property is to be treated as if death has occured unless there is a will... So my interpretation to that is that everything is his.. she has no issue with the equity or anything, she gratful to be out and starting her life afresh...
  8. Need a lot of help on this one please for a very good friend... Basically she had a mortgage with her Ex, but they split up and finally divorced in 2012. She just wanted to get away and basically waved all rights to the house, in the divorce papers it actually states that any property is to be treated as if death has occured unless there is a Will. She been asking her Ex for many years to be taken off of the mortgage, but it was one excuse after another, so today we decided to phone the mortgage company up and had on loudspeaker so I can listen. Basically the mortgage company have said unless the Ex phones up and says he wants her taken off the mortgage then there is nothing they can do. So she is literally stuck on it, an in reality at risk her self.. They say he has to satisfy criteria that he can take over the mortgage on his own.... But in reality she doesnt care what happens to the house, as no matter what she wont get anything.. What is the best way to move forward because in reality he knows he wont satisfy the criteria on his own despite paying it for the last few years, so he can just sit with her name on the mortgage for as long as he wants untill it suits him Please if anyone can advise the best way to proceed...
  9. Received a letter this morning from Lowells, its a court form stating that they are discontinuing this claim....
  10. The form from the courts said that its the claimanat has to pay £55 to the courts to advise if they are to continue. I personally dont have any documents to issue.
  11. 3 Days left for them to file, and I not heard nothing... I presume there fishing trip has been unsuccesful... and to save them more costs as they have to pay to take it further.
  12. Just an update - I still not received any paperwork from them that they are proceeding with court action... They still got over a month to go to file the paper work and pay the £55 to proceed.
  13. Thanks Andy, What sort of forms do I need to include.. Its all got to be in by June 25th..
  14. Update !!! We now been given a court date of early July, both parties now have to lodge all documentation that they intend to use by end of June... So by this I presume that Lowells will have to finally provide the documentation I originally requested rather than hide behind the fact that they dont have too...
  15. Update... Defence was filed and forwarded to Bryan Carter, they now replied, offering me £100 off, to save them costs as they feel they have a good chance of winning anyway , only if I pay all in full, or I can pay the full lot monthly I got till end of Nov to send them the "Tomlin" form back... . But there missing the point, I still want the evidence to show I owe the money.. . I want them to produce the statement and justify that all the cost is bank charges.. So do a) I write back to them declining the offer unless b) ask again for them to submit there evidence to me which they are not currently willing to do c) ignore it and wait for them to advise the court they wish to proceed,
  16. Ok thank you Andy, just as a side issue I obviously sent the CPR letter to all 3 of the companies, and its interesting the Lowells said there not dealing with it, Fredrickson's didnt even reply. So it does make you wonder how companies like Bryan Carter are allowed to (what appears to me) just take a lot of people to court, knowing that they will get a default judgement for probably a high percentage of the cases.
  17. How is this for a defence ?? Particulars of Claim 1.The claimants claim is for the sum of 303.48 being monies due from the defendant to the claimant under an agreement regulated by the consumer credit act 1974, between the defendant and the claimant 2.And assigned to the claimant on 21/10/2011 Notice of which has been given to the defendant 3.The defendant failed to maintain contractual repayment under the terms of the agreement and a default notice has been served which has not been complied with. Proposed Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2.. Paragraph 1 is not admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the Claimant as the Defendant did not enter into any Agreement with the Claimant. 3.Paragraph 2 is denied I have never been served with a Notice of Assignment pursuant to the law of Property Act 1925 Section 136 (1a) allegedly served over 3 years ago. 4. Paragraph 2 is not admitted with regards to the Claimant terminating the alleged contractual Agreement as the Defendant did not enter into any Agreement with the Claimant. 5. It is therefore denied with regards to the amount the Defendant owing monies to the Claimant and the Claimant is put to strict proof to: (i) Show and evidence how the Defendant has entered into an agreement with the claimant;and (ii) Show and evidence how the Defendant has reached the amount claimed for;and (iii) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. On receipt of the claim form I contacted the Claimant and Solicitors Bryan Carter LLP and sent a CPR 31.14 request dated 12/02/2014 for a copy of: (i) The Overdraft facility agreement and Terms and Conditions from that date (ii) Notice served under Sections 76(1) and 98(1) of the CCA1974 (iii) Notice of assignment (iv) Statement of account showing how the amount claimed has been reached, which forms the basis of this claim. 7.The Claimant Solicitors replied on the 7th October 2014 declining to send the requested information, and stated evidence will be provided in accordance with the courts discretion. Therefore the claimant in their non compliance to my requests has frustrated my attempts to clarify their claim and against pre action protocol and CPR should be considered when the question of costs arises. 8.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9.On the alternative, as the Claimant is allegedly an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 10.Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement and Notice served under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief pursuant to the CCA 1974 11. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  18. Dont suppose anyone can point me in any direction to do my defense,, Many thanks in advance,,,
  19. I had a reply which seems a bit confusing, as it basically to me suggests they dont need to produce any documentation... We write further to your letter requesting disclosure under part 31 of the civil procedure rules. We confirm the claim form was issued by the county court bisness centre and the courts protocol was followed when issuing the claimants particulars of claim. Practice direction 7c point 1.4 (3A) eliminates the requirement to attach the documents to the particulars of claim when they are issued to court. The policy of the original creditor was to provide an agreement at the point of contract and statements throughout the duration of the account. Evidence will be provided in accordance with the courts discretion.
  20. Thankyou very much for your help, will send to them right now whilst I got my correct mind on at the moment... I just done my awknowlegment of service on line.. Once again thank you
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