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Everything posted by B-B

  1. He will have to wait until the official receiver has conducted the initial assessment. Is there a mortgage lender? (letters etc) Ultimately it will be the overall position of the asset in relation to the creditors that will determine the viability of any tenancy but the likelihood is that the creditors will want it sold to allow funds to be made available. This could take a while to getting this stage though. The property can be sold with the benefit of the current tenancy, and a new owner may wish to continue if sold as an investment. Some obligations under the tenancy will contin
  2. Hi, If you are certain the mortgage is unsustainable then it is obviously in your interest to select the exit route most advantageous to you. This is unlikely to be an auction sale and for any sale to proceed at a sum less than that owed to your lender,"short sale", would require the consent of the lender. Dependent upon the circumstances consent can be obtained if packaged correctly. Unless you are bankrupt, It is almost always better to engage with the lender's loss mitigation depth as early as possible, or better still engage the services of an asset manager/loss mitiga
  3. Thanks 42Man, Would Un-enforceability due to their admission be an absolute defence ? B
  4. Hi 42Man, They appear to have simply cut and paste the poc from the stat demand into the new claim. Our statement at the stat demand hearing alleged unfairness within the meaning of CCA74 140a & UTCCR which they never addressed at all,l but more so it alleged un-enforceability through breach of the act in not issuing the required notices within the prescribed period (at all) plus enclosures etc. They confirmed in their witness statement that no notices had ever been issued. Can this witness statement be referred too in the new proceedings ? B
  5. Hi all, The Stat Demand was set aside. We went with the sole intention of establishing a "Triable Issue" i.e disputing the deb,t and in the case the judge agreed the debt was legitimate failure to issue default notice or rather "notice of sums in arrears". We also added utccr and unfair relationship but basically the judge was satisfied the dispute was enough. I will post some documents shortly written by legal firms advising corporate clients (the other side of the fence so to speak) that helped convey the correct sentiment in our statements, I believe this helped with the judge.
  6. Thanks 42Man, some great stuff and a great structure to add to. I'll post the finished defence so as to assist anybody else. The name is my wifes maiden name(as was the original agreement) and first name is misspelled. Will they need to produce the original agreement ?
  7. Only via telephone to say look we haven't had a quote and we don't want to pay the same price. (Contract hire rentals are determined by vehicle value at the start etc) Does the person making a Stat Demand have to be the person named in part B thereof ? Do misspelled names have any bearing ? ( they didn't have my wifes first name until checking her credit file and have taken it down wrong) Would they have to produce the original agreement at any stage ? Is the lack of a default notice a major issue ? Found these on UTCCR: ©making an agreement binding on the consume
  8. Thanks 42Man, Which element would you lean toward as being the best chance of success ? We don't mind having to pay something but getting stuffed for the lot +interest is just too big a pill ! My thoughts at the moment are: i. Dispute amounts etc ii. No agreement to extend (signed or otherwise) iii. Vehicle only supplied in legal roadworthy condition for the 6 months after contract end iv. Vehicle returned as soon as requested. v. Protocol failures, CCA1994 ? (default notice, dispute etc) in relation to original agreement vi. UTTCR for onerous terms continuing after e
  9. 42Man, Do you think the Part 8 section below might fall into UTCCR territory ? ---------------------------------------------------------------------------------------------------------------------- 8. Delivery-up of the vehicle. Upon the termination of this agreement however so arising the hirer shall cease to be in possession of the vehicle with the owners consent and shall return the vehicle in good condition( wear & tear etc etc) If the hirer retains possession or use of the vehicle (with or without the consent of the owner) after the termination of this agreement the obliga
  10. Can somebody please advise on which they feel is the strongest elements of the case ? Thanks
  11. So, In sending a statutory demand claiming terms of an agreement have not been adhered to and the claiming of interest etc without first sending a notice of default (in a prescribed format ?) they are in breach of CCA1974 reg's ?
  12. Do the CCA1974 Regulations extend through all avenues of recourse, insolvency, bankruptcy, County Court ?
  13. No default or No Default notice ? Could they serve one now ? They seem to be relying on selectively trying to enforce certain parts of the original agreement whilst not using any specific breach as a default under or referring to the CCA1974. Just "regulated agreement in writing" or "the agreement" Are all arguments ultimately going to come back to this original agreement ? Would they need to produce this ? What other processes could they have been in default of that would prevent enforcement ? Thanks Guys
  14. Do you think these obligations could be interpreted as extending to and repeating the payment profile & rentals ? Quote: 4. Hirers Payments The hirer shall pay to the owner the rentals, administration fee and if applicable the excess mileage charges in cleared funds and on the due dates for payment as specified in the key financial information. KEY FINANCIAL INFORMATION: Period of Hire & Rentals: First Rental £ Subsequent Rentals : 23 Period of Hire is for 24 Months from and including (insert date of delivery) --------------------------------
  15. In the Terms & Conditions: 2. Agreement for Lease. The owner shall hire to the hirer the vehicle upon these terms and conditions and those contained in the preceeding pages of this agreement. This agreement shall be deemed to be made when signed by the owner or authorised signatory. 3. Period of Agreement to Lease Subject to the provisions for earlier termination as provided in clause 7, this agreement shall subsist for the period of hire. 4. Hirers Payments (d) Without prejudice to the rights of the owner, the hirer shall pay to the owner interest on any sum payable b
  16. Quote............................ The creditor demands the sum of £.................... 1. The creditor is a finance company and at all material times the owner of the vehicle stated below. 2. The claim is respect of a regulated agreement in writing dated 29/08/2006 wherein the creditor agreed to hire to the debtor a..........( The vehicle) 3. Pursuant to the terms of the agreement, sums remain due and owing to the creditor in respect of rectification costs, excess mileage charges, administration fees and extension rentals, full particulars of which have been supplied to
  17. Thanks 42, I'll copy the particulars down shortly. The SD was sent in the post. I think they may have attempted personal service though as an oddment called at the house asking for my wife yesterday. When I told him she was un-available he just left but wouldn't tell me anything
  18. We were just asked on the telephone "do you want to return the vehicle" to which we said no but we would like a quote to keep hold of it. We did use it yes. Although after 6 months it didn't have road tax,which it is their responsibility to provide . I think they may have declared it off road. They never requested the vehicle back and when they did we made an appointment straight away and it was collected.
  19. Hi 42Man, thanks for looking. All rentals during the 24 month term were paid yes. This was via d/d and after this our account was marked with settled on the credit file and they didn't attempt to take any further d/d. We only rang to pursue a quote, nothing in writing
  20. Thanks Citizen B, the links were useful. Which angle is best to pursue. The fact that no agreement for any extension was made or defend on points stated in the OA ? The original agreement states no variation or addition can be made unless expressed in writing and signed by authorised signatory..... and Period of Lease: This agreement shall subsist for the period of hire. (this was fixed for 24 months) I have written to the other side (as named in part B) to state we dispute the amount claimed (obviously we would expect to have to pay something) That we never agreed to
  21. Thanks, Yes its been puzzling alright ! The bank in question was bailed out and I think their admin went up the wall for a bit so I'm not sure if that contributed ! Have written to solicitors. The particulars state: monies claimed pursuant to the terms of agreement (no agreement number or details) but the agreement states 1. The agreement shall subsist for the period of hire. (Which was fixed for 24 months) 2. No agent, employee etc can alter, warranty or extend the terms of the agreement in confirmed in writing and signed by an authorised signatory of the owner etc etc....
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