Thanks very much This is what they do, drag it out and hope you'll get intimidated and give up. It's seriously backfired on them this time As long as you are prepared for a long drawn out and bloody battle go for it! It's the only language they understand

It will be my greatest pleasure

So to date all the witness statements, disclosure, case summaries, schedules of issues etc have been submitted, the only remaining issue is waiting for a date for trial, which I'm sure won't be too long. I've taken the decision now to enlist the help of a barrister for support on the actual day. I know my case is rock solid and theirs is fatally flawed, but I just can't shake the feeling that I need to put an end to this case with the same disproportionate intimidation that they have used against myself and many others, the only difference now is that the tables have turned and it's no less than they deserve. I have contacted a highly prominent barrister with specialised expertise in this area and many related, notable cases attributed to him. They will soon find themselves seriously out of their depth If nothing else, I don't see why they should still have the option of settling this with minimal cost to themselves. They have deliberately dragged this out for over a year knowing they were in the wrong but hoping I would give up, and putting me through a lifetime of grief. I can't imagine a £750 an hour barrister will be content with 'bearing our own costs' Time to bring out the big guns and put an end to this once and for all Sledgehammer to crack a nut springs to mind Thank you to everybody that has given their support in helping me get this far, hopefully it won't be long now before this is well and truly put to bed.

Welcome suggested you scrap it? Have you got that in writing?? I would suggest the first thing you do would be to send them a Subject Access Request so you can see exactly what has been going on with your account.

How do you mean you have got rid of the car? Did you sell it or do you still have it?

Thank you, all moral support is received with thanks!! I must admit I do have moments where I wish it was all over but they are very fleeting and then I remember why I started this in the first place and I know I will never give up. I have the most amazing book on my side and the more I read of it the more confident I become, the only decision I have to make is whether to employ a barrister for the trial or continue it alone... all opinions gratefully received

Thanks Surfer, it's not over yet- the matter has been listed for trial as expected. I must admit that I am quite smiley! The waiting room debacle was more entertaining than the actual courtroom issues it appears they are suggesting that the amount paid on the agreement is still somehow relevant in this situation, (the third rule), when I pointed out that it was irrelevant he mumbled that he would have to look into it and then promptly stormed off lol! Roll on trial, they are not getting out of this now, I won't rest until I have a bona fide judgment against the ********s!!!

Hello and welcome to CAG! Thank you for your kind words I really needed that today I am actually in court with them today for a Case Management Conference so will know more about what's what later this afternoon. When it comes to doing things differently yes I would do a lot differently! I was lucky in that I got the opportunity to amend my claim so could go back and do things differently. I really could go on for a lifetime about the ins and outs of a case like this because it is phenomenally complicated and the issues are endless! The bonus is that, today being a year to the day that they unlawfully removed my precious car, I have been through the mill with every eventuality that could possibly have presented itself and am more than happy to spread the word to anybody that might find it useful The one thing I would say to anybody considering taking on a case like this is to be prepared for a very long drawn out and draining journey, this has taken over my life for a lot for months and I've only recently been able to regain a bit of life! I suppose it depends largely on the creditor, unfortunately welcome have been overrun with arrogance and stupidity and now we are in a situation that has escalated out of all proportion and is very dangerous for them. They picked on the wrong person with this because the money means nothing to me I'm out for justice, so they are going to struggle if they think they can bung me a few quid on the court steps and I'll quietly go away! The majority of 'normal' creditors will not want this to go to trial because a judgment against them would result in unimaginable losses when other people come forward having had the same situation but were unaware of their rights and it would also prevent them from preying on the naivety on the 'average' consumer and continuing this unlawful practice! I have to go get myself ready for court now but if you start your own thread with as many details as you can I would be more than happy to help in any way I can. Thanks for reading and many thanks for your support, it is greatly appreciated!

I know it might not seem great but really that's first round to you! You should feel very proud of yourself, the other alternative outcome would've been for them to have been granted return of the vehicle and you did enough to prevent that from happening so bloody well done to you!!!

What happened???

Hello all, it's been quite some time since I last posted here so I thought it was time for an update, also I wouldn't mind a bit of advice! I've got a CMC coming up shortly and I was hoping somebody could advise on what to expect. To date they replied to my amended claim by instructing Cleggs who then submitted and amended defence and counter claim. They have failed to submit their witness evidence, due 26th Nov and have replied to my 'pack' with "well we've only recently been instructed so don't really have the foggiest of what's going on and so at the CMC we'll just get directions for trial"! I'm so annoyed at their blatant time wasting exercises but also a little bit smug that Cleggs are trying to drag this on and it'll be costing welcome a small fortune 8-) At the Summary Judgment hearing their rep made it clear they wanted a CMC to enable time for 'liaison and negotiation', none of which has been forthcoming in the last 4 months! Their defence, counter claim and some sort of 'template' WS from Mr P are the biggest load of nonsense that was ever written! They have denied things that I have already provided evidence, contradicted themselves, failed to adhere to the Judge's directions and now they have admitted that a commission was paid to the broker but the amount received for the sale of PPI was never more than 2%!! Irrespective of the fact that I have an underwriting sheet that shows PPI commission at 58% of the total commission, notwithstanding of course that they already denied there ever was any commission!!! Does anyone have any idea of what a Judge can do at a CMC? I know it's too late for me to apply for a strike out but could it be possible that a judge might agree that would be the best option to manage the case if I decide to make certain subtle hints?? All opinions gratefully received

Hello sorry I couldn't reply earlier, I would've also mentioned the fact that, as outlined in the 2006 Amendments, there need to have been a minimum of 2 missed payments before a default can be issued in any case. Don't worry if you've already you sent it, it's still something you can bear in mind and perhaps add in later if you get the chance to submit an amended defence.

The very best of luck to you! Always good to be prepared 8-)

Oh and I forgot to mention.... you would address the judge as either Sir or Ma'am!

Hello, I have quietly been following your thread and think you've done really well to stand up for yourself A Return of Goods Hearing is quite different to any other hearing and usually is given a time estimate of only 5-10 minutes within which the judge decides whether they can have the car back or not. This is the procedure creditors need to follow to obtain the "Court Order" they require to repo a car when either more than a third has been paid or it is parked on private property. When they have applied for the court order you will just receive a notice of hearing with a fixed date, it doesn't follow the same process as normal claims in that there won't be allocation, disclosure etc before the hearing. I would suspect that as long as you have valid reasons to defend the action, that are clearly outlined to the judge you will probably receive directions for allocation with the intention of there being a trial to resolve this, but you really need to get your point across or they may just be granted a return order for the car. It is quite an intimidating place if you let it be but in reality it will just be a small room with you, them and the judge. You will both get a minute or so to say your piece, (so have a concise version really well rehearsed!), then the judge will decide whether they are entitled to the car back or whether there should be a trial to decide the issues. In my opinion I would be inclined to think that the judge would be more likely to allocate to trial if the issues involved were complex and unresolved, rather than a straightforward case of you haven't paid so they want the car. It's just my opinion but, if it were me, I would be very well prepared for delivering a short concise statement on why they are not entitled to the remedy they are claiming. You will probably find that Judges have a very strict timetable to stick to and a lot of different cases listed for one day so they will greatly appreciate you keeping things short and clear without having to wade through reams of paperwork! Another thing that I think is crucial is to ensure you arrive at court at least 15 minutes before your hearing time, the reason these cases are allocated such a short time estimate is based on the fact that the defendant rarely turns up to the hearing as it can generally be taken to be a formality. I have known people to have missed their hearing altogether because they turned up on time to find the court was running slightly ahead of time and they had held the hearing early assuming the defendant wouldn't turn up! In 5 minutes it was all over and done with I doubt very much that your defence will be scrutinised in detail at this hearing as that will be saved for the trial, it may also be possible to request permission to amend your defence upon receipt of all the documents you have requested under CPR 31 and this may be dealt with during the processes of allocation and disclosure. I wouldn't be thinking that this is win or lose situation just yet, unfortunately it is just the very start of a long and complicated journey. Please don't misunderstand me, I am by no means saying not to pursue it! It's just that it is important to be fully aware of the amount of effort that will be involved to make them accountable for their actions The very best of luck to you, I sincerely hope the judge does the right thing and orders a trial 8-)

Hello, I was just wondering if you had submitted your witness statement yet? As you've previously submitted an embarrassed defence I would agree that a witness statement clearly identifying all the points you raise in defence would be a very sensible idea. A Return of Goods Hearing is quite different to any other hearing and usually is given a time estimate of only 5 minutes within which the judge decides whether they can have the car back or not. This is the procedure creditors need to follow to obtain the "Court Order" they require to repo a car when either more than a third has been paid or it is parked on private property. I would suspect that as long as you have valid reasons to defend the action, that are clearly outlined to the judge you will probably receive directions for allocation with the intention of there being a trial to resolve this, but you really need to get your point across or they may just be granted a return order for the car.

Hello, I've just been reading both your threads and was wondering what stage you are at in proceedings at the mo? Did you say there was a Summary Judgment hearing coming up or has it already been allocated to a track?? I only mention it because, at the very least, with the repo of the vehicle from private property you may have grounds for a counter claim. Just wondering if you'd considered that or if it would be too late in proceedings now? Just an idea

Unfortunately they could do that if you have nothing in writing to confirm their offer I'm not saying it will happen but it's always best to err on the side of caution when dealing with these people because they didn't exactly play by the rules in the first place! The fact is that once they have repo'd a car they are entitled to claim the balance remaining on the agreement minus the amount they get for the car at auction, so it is possible they will take your money, sell the car for a pittance at auction and then refund you that amount. Like I said, it's always best to have everything in writing, you can't trust anything they might say on the phone! Sorry I get bit ahead of myself sometimes, the legislation is the Consumer Credit Act 1974 and the Consumer Credit Act Amendments 2006. I had my own car unlawfully repossessed in January 2010 and have since taken court action them, I have spent a ridiculous amount of my life researching the law regarding these issues! If you have a spare few days you can read my thread lol! Car repossessed off private property with no default or termination served with police consent! Please help

Hello, I just wanted to add that I think you need to get it in writing that they will return the car if you pay the remaining balance, these people are the **** of the Earth and they cannot be trusted one inch I would hate to see you pay all that money and then still not get your car back. As for what they've done, I absolutely agree with all the previous posts; get the car back and then totally sue the pants off them for what they have done!!!! As I see it, this is an unlawful repossession in that they failed to serve a valid default notice, (the total arrears being less than 2 contractual monthly instalments), therefore forfeiting the benefits of Section 87 and they also removed the car from your premises without your INFORMED CONSENT and without a court order, which is a contravention of Section 92, the remedies for which are outlined in Section 132 and additionally their actions are also akin to trespass. So it appears you would have a very good case against them! Chin up and best of luck

Hello James, sorry for the delay in replying to your pm I just seem to have so little time these days. You are entirely within your rights to apply to have the discontinuance set aside if you so wish but I believe you need to make the application within 28 days of service of the discontinuance. I also agree with GH about the dreaded limbo I lived like that for far too long, in fact the repo of my car was probably the best thing that could've happened to see an end to it! If you did want to be proactive and initiate proceedings against them it would seem that the Unfair Relationship route would be a possible way to go. I suppose it all depends on what you want to do now, i.e. keep the car forever, or sell it or if you need your credit file fixing up? It seems to me that your intentions for the future will determine what course of action you need to take now. Just my opinion as usual

What fabulous news!! A million congratulations to you! You are absolutely within your rights to claim all your costs to date, I believe you need to write to the court and request your costs under CPR 44.12. The position they are in now is that, having discontinued, they can't claim against you for the same reason again unless they get permission from the court, which is highly unlikely! The net effect, it would seem, is that they have now well and truly forfeited all their rights with regard any further liability on this agreement I would write to them first explaining that you are now going to claim all your costs back and you require all markers removed, your credit file amended and confirmation of release from all further liability. If this is not forthcoming you will be left with no alternative but to make an application to the court which will incur further costs blah blah blah! Well done you for standing up for yourself against a bunch of ugly bullies!

Ok no prob, I'll do it just now. This is the general overview but there really is a multitude of info available! I feel so much better about my own case now that I have the back up of all the info that us commoners aren't usually privy to!

Trust me, I have it on Goode authority that section 132 is applicable as a remedy for breach of 92 I will pm the finer details to you at some point today.

They are not permitted to repo from any premises and that includes that of a third party. The consent needs to be given by the debtor not the owner of the premises. It appears that there is a remedy to breach of 92 in the Act itself under Section 132.

Scottish case law: Farid_Malik_Ahmed_v_Toyota_Finance_-_[1999]_.PDF