Well they cant take the vehicle as you have paid a third without a return of goods order

How long is the agreement over

Donnegal investigations???

500,000 available jobs, most zero / minimum wage contracts

2.6 million unemployed

lottery ticket ready

ukdarrenfan

i have a nice letter to dig out to explain the allocation of deposit against the insurance products, how it prejudices the 50% termination point, interest rate and total amount payable is misstated with the relevant sections of the CCA 1974

I will dig it out over the weekend, it will give me a chance to transfer it onto my mobile hard drive

This allocation against the insurance crap scares the hell out of them, Godebt purchased a load of turkeys over this

This time we hit them with statutory obligation, lets see them rebuff that

QUOTE

1) I do not need a court order for vehicle recovery if all legalities (as in my original post) have been complied with.

That is where your argument falls down

You need a court order to remove a vehicle off private land, and you need the agreement of the account holder if no return of goods order has been given by the court, any other procedure is irrelevant

Send a subject access request

Have a nose in the library

Please post your up when you have time

Many thanks

FISHMAN123

kook up

https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CDEQFjAA&url=https%3A%2F%2Fen.wikipedia.org%2Fwiki%2FWilson_v_First_County_Trust_Ltd_(No_2)&ei=qt_VUZWYDMiV0QX24oD4Cw&usg=AFQjCNEZqxIF656RezDsJ7OPH3bgZ6ZleQ&sig2=B4-Jn8DHqaiQ8FotT2jo_Q&bvm=bv.48705608,d.d2k

then follow up with

http://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0CC8QFjAA&url=http%3A%2F%2Fwww.consumeractiongroup.co.uk%2Fforum%2Fshowthread.php%3F255093-Waksman-Ruling&ei=MODVUYaANsaI0AXpxoC4BQ&usg=AFQjCNFk-ZzmoR5GfNmFBzGPqPIIKeMYFg&sig2=4qbB2OeVBSAfqZ3JHQ2TYw&bvm=bv.48705608,d.d2k&cad=rja

Desperate daniel

If i am barking up the wrong tree, and you have a better alternative, then please shout

Dear Sir/Madam

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 CCA 1974.

Yours faithfully,

Before anyone jumps in, i have included S.127(3) CCA 1974 as this account dates back to 1999 and is a credit card debt

hi debtangel,

 

you need to reply and ask them again for the agreement in a different way. Lowells are a little inclined to issue sds and you want to avoid that because this is their tricky way of trying to get judgment without proof

 

there is no hurry.

 

I will come back to you in the next few days.

 

Dd

cputr 2008???

Murdoch probably owns the bank

Lets go with the flow on this one

Send that letter of extension to the court from cohen and see what rubbish Cohen sends back

Keep the thread updated

I myself would send in a defence now stating that you have no documents in which to defend, and go through the normal time scales

But that is me and you have to make that choice

http://www.consumeractiongroup.co.uk/forum/showthread.php?391598-Link-Financial-Ltd&p=4278573#post4278573

Cannot see any connection though

The whistle Blowing Act only gives protection from internal disciplinary procedures for things like major Health and Safety issues, or matters that cause a severe determent to the general public and must pass the public interest test

They have to provide the original agreement in court. They can not claim a reconstructed one under section 77/78 is an original copy.

Other people will comment and jump in as this is not really my area

My suggestion, and only my suggestion is to attack the agreement on prescribed terms

As the agreement is dated before April 2007, s.127 (3) of the CCA 1974 will be applicable

What agreement was this, loan, credit/store card??

let me explain things for clarification

No recovery agent can turn up a a persons house and remove goods (car) from private land. Be it that car is on finance or not except if the vehicle has been used for criminal activities. Private land is deemed an area of land not maintained at public expense.

As to s.92 of the CCA 1974, to reposes off private land will require either a return of goods order from the court, or the house holders consent to remove the goods off of private land

If the vehicle is removed unlawfully by the recovery agent as to the above, the creditor will be guilty of unlawful recession of contract, and breach of fiduciary duty. (conversion) theft, criminal sanctions

The debtor will be entitled to recover every penny paid to the finance company and receive a replacement vehicle of the same age and mileage

I am not here to argue with anyone, its just i require people to back up their reasoning with links of authority and where they got their information from. If people decline that request, you have to ask your self why?

You still have not answered my question as to the statutory requirement as to Section 92 CCA 1974 (as amended)

I deal with substantiated facts, not subjective comments and reasoning, i back everything i say with case law or statutes, something seems lacking in your responses

Do you require me to post up my question again which is in response to your reasoning's ???

Is a recovery agent allowed to go onto private property and remove a vehicle on finance even if there is no court order or the property owner objects to you removing that vehicle without making the finance company liable for the recovery agents actions

So please

Post up where you obtained the guidelines in your first post

This is section 92 of the CCA 1974 (AS AMENDED)

92 Recovery of possession of goods or land

(1) Except under an order of the court, the creditor or owner shall not be entitled to enter any premises to take possession of goods subject to a regulated hire-purchase agreement, regulated conditional sale agreement or regulated consumer hire agreement.

It is perfectly simple, i would really like to know where and what source you obtained your information from as it is factually incorrect

please supply where the source material originates from

Forget about trespassers for the moment, you are confusing the question being asked, i will repeat it

Is a recovery agent allowed to go onto private property and remove a vehicle on finance even if there is no court order or the property owner objects to you removing that vehicle without making the finance company liable for the recovery agents actions

PLEASE READ THE QUESTION

Please answer the question

Is a recovery agent allowed to go onto private property and remove a vehicle on finance even if there is no court order or the property owner objects to you removing that vehicle without making the finance company liable for the recovery agents actions

i am interested in legislation contained within the CCA 1974 (as amended) to support your reasoning

simple question

yes or no

I am referring to coming onto private property without either a court order ,or the home owners express consent to remove a vehicle from private property

And if the vehicle is removed without a court order or consent, what will be the civil penalties to the finance company through the actions of the recovery agent

Trespass is a civil tort, people have only got an implied right to enter an individuals property boundary, and can be removed at any time, failure to leave after requested then becomes an offence under the Crime and Disorder Act 1998

MAY I ASK WHERE YOU GOT THE ORIGINAL INFORMATION IN YOUR FIRST POST, WHAT SOURCE