Its been a long time since the origonal post so here where we are at now.. I did not recieve any further correspondance from the company until yet again an order to attend for questioning was posted to me as they claim they could not hand deliver. Complete bull! Anyway, I paid my £75 to have the judgement set aside stating the reasons and attaching the letters from myself and there responses etc. They still did not send me a copy of the signed credit agreement until today when I recieved a copy of their witness statement and low and behold they have attached a copy of the credit agreement... However, The agreement is signed by the dealer, clear as day. Where my signature should be it is blank (unsigned not covered etc as this is there defence to the court) Suggestions?

Thank you Sillygirl1. Twats is a word that I have been using for a while with regards to these people!

sillygirl1, Yes I rang the court as soon as they confirmed the question was been stopped to confirm. The court were aware the solicitors had suspended the hearing. Cheers

42man, Thanks for your swift response, it is very appreciated. With regards to the questioning, this was cancelled by BMW's solicitors 2 days prior to the date to attend. I will be returning their 'Customer information questionaire' along with my £1 postal order which they returned. The only document they have sent me is the original court claim which was made in 2006 (4 years after the car was taken back!) There is no copy of the agreement attached to this either so I would agree that they have not got this document. Nor have I recieved a copy of the credits/debits made on the account. It smacks of bullying tactics to me. But I do feel at present that I am fighting outside of my weight! I will however continue to fight the fight. regards

UPDATE!!!!!! All, I sent the request as per 42man along with a £1 postal order. They have replied sending back my postal order stating the following: Firstly, Section 77,78 and 79 of the Consumer Credit Act 1974 refers to the creditors, i.e BMW's duty to provide information to their customer during the period of the contract. This period expired upon termination of your agreement. Section 78 however, deals specifically with running account credit and section 77 relates to fixed sum credit. They have attached a customer information questionaire for me to complete and return with my realistic payment proposals within 7 days failing which they will advise the client to consider further enforcement action against me. My question is: "What can I do now?" As ever your advice is greatly appreciated.

Another update...... BPE solicitors have now sent me some documentation. They have sent me the particulars of claim and the actual judgement. The particulars of claim states the amounts they say I owe plus interest etc. I sent the great CPR letter that 42man. What is annoying me is they haven't sent me a true copy of the agreement etc. What can I do now? I get the feeling this information from BPE is going to be my lot. Help please, any adviceon my next step would be gratefully received.

Throw her a curve ball. This one is always a good one for the overseas call centres - They have no clue what to say or do. " I deem the quantity and frequency of your calls to me are personally harrassing. I am now verbally requesting that these stop. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Wireless Telegraphy Act (1949) and I will report you to both Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine." They usually hang up. They never rang me again! I was myself overdrawn by £13.49 due to payday been a day late! Alternatively have some fun with them and play parts from Peter Kay down the phone. The big thing is don't let them wind you up! "Garlic Bread, its the future"

Its unfortunate for you. I had an issue with a cat converter going on a car 2 month after buying it. They are not cheap! However, the warranty I had from the garage would not have covered it anyway as it is classed as a mechanical part blah blah blah! However, kicking up a stink in the sales area when it was busy is and was for me, the best route. I got a heavily discounted rate. I still have to pay out but the burden was not as heavy!

CAG fountain of knowledge, I need a little help for my friend who has gone through a divorce resulting in the marital home been repossessed. His house was taken prior to a sale completion (which I am aware they are entitled to do! crazy but true). The mortgage company have since sold the house for less and are looking to claw back £11k (made up of £5K redemption fee the rest in short fall). I've got him asking for the usual payment history, charges etc so we can see where this amount has come from. This is ongoing. What seems to really be getting his goat is that he knows for a fact his ex-wife is not been chased for any portion of the debt. He wants to know why as it was a joint debt! I am no legal eagle but common sense tells me they can chase just him if they want to. They do not have to chase his ex-wife if they don't want to. (unfair I know!) Questions: Am I right in what I am saying? Is there anything he can do to get them to acknowledge his ex-wife is also liable? These people will not say if they are chasing is ex-wife - they keep quoting the good old Data Protection Act! yawn Final Question: He has agreed to pay £100 per month. Filled in a expediture form to which they don't like the look of his entertaining amount. They have indicated £150 would be better. If he agrees to this can he (a) ask not to supply payslips etc and (b) request that the defaults be removed from his credit file? Regards!!!!!!

You say you are been hounded by DCA. In what format? Are they continually ringing you or writing? Keep a log of the calls (date, time) I suggest you write to DCA requesting all correspondence been done in writing as you deem the quantity and frequency of the calls to be personally harrassing. In the letter state that you have verbally requested this to stop and yet the calls continued. State that the continual harrassment makes you believe they are in breech of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. Also include - If you continue to harass me by telephone, you will also be in breach of the Wireless Telegraphy Act (1949) and I will report you to both Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. This should stop the phone calls. Good luck!

I've had the same issue with a white goods retailer in the past. If you have signed all the agreements relating to the HP on the car and they have signed them its' a done deal. There tuff luck! You are legally entitled to all the terms of the contract (eg warranties etc) if they refuse they are breaking the terms and conditions of the contract. Please get them to put it i writing, record the dates and conversations with the company. Get all your paperwork together and pop into your local CAB office (www.citizensadvice.org.uk/cabdir.ihtml ) and explain the situation. Start protecting yourself and don't be bullied!!! Good Luck!

All. Many thanks for your advice. Here's the update for you... I sent the S.A.R request giving them 10 days to respond. On the 10th day I got a letter saying they were trying to get the documents from the previous solicitor. 1 week later another letter saying the documents were on there way to there office. 2 days before the court date - following me reporting them to the courts for not supplying information, another letter lands telling me the the court date will be adjourned until i have go a copy of the court documents. I have now sent them another letter stating that I require all the information from the SAR and not just a copy of the court documents. I have now paid my £60 for the judgement to be set aside. My question: If they cannot produce documents from there previous solicitor or a true copy of the agreeement can I claim they repo'd the car illegally and get in or the value at the date of the repo back? Alternatively, can I claim anything? OR Should I walk away hanking my lucky stars they screwed up! Surely this solicitor would have a true copy of the agreement before spending time and money persuing me through the courts? These are well educated people after all. Answers on a postcard.

I really need help on this one! Back in 2000 I bought a MG - things were going well for me but when I lost my job I couldn't keep up repayements. I imformed MG financial services of my circumstances but they were not intersted in helping me at any level. They then repo'd the car. The outstanding debts I had at the time I went through Bains & ernst (forgive me for that one!) to payback my debts through an IVA. After a few years of paying I found that I could manage my debt better dealing direct as B&E were taking a substantial management charge. I wrote to all the companies I owed money. Majority wrote back saying they were happy and they wrote off the remaining (a few hundred here and there). MG however did not reply so I sent another letter. Again no response (at this point they were getting taken over by BMW). Now in 2008 I receive a order to attend court for questioning about this debt. This is totally out of the blue! It states that an order was made against be in Feb 2006 and I have not paid towards this debt. I rang the solicitors dealing with the action (BPE). The lady I spoke to was very harsh to say the least when I was attempting to discuss the matter, she was not interested! The claim in feb 06 was sent to my very old address where I lived with my parents (they had moved away prior to this date!) How was I supposed to know. The strange thing is that when I was with B&E they had my new address at that time. How could I defend myself when I didn't get the documents!?! I have asked the a true copy of the agreement (dating back to 2000) she said I should have a copy but she will request one. She then hung up! (nice) What can I do? Can I get copies of all the documentation BPE have? Am I entitled to this information? I need to look at defending myself. Any comments would be gratefully recieved! (we all make mistakes in life but we learn)