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InGodITrust

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About InGodITrust

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  1. Ok update on the situation everyone!! Last week I received allocation questionnaire to be returned to the court by the 24th of July. Today I received a letter in the post from solicitors acting on behalf of Dunctons saying:- "We act for the above claimant..... ....please find enclosed a Notice of acting for your records...." they then go on to say "you will note that the Reply to Defence was due on the 9th July. The Claimant was unable to comply with the order and we have made an application to the court for an extension of time, proposing the 34th as the new date
  2. Thanks This is a good point. The thing is the documentation fee should never have been treated as part of loan. Do you know if this would could be related to some sort of "unfair terms" law/act?
  3. Hi Caggers Could you please give your opinions in regards to the agreement below. The prescribed terms are incorrect in that the payment schedule does not agree with the stated APR. It took me a mammoth amount of time to actually work out the figures but I need make sure what I am saying is correct. Here's an extract from my skeleton argument in regards to this; Here is the said agreement; http://img19.imageshack.us/img19/7063/xagreementpg1.jpg Here is a link to my thread incase your interested in the full story http://www.consumeractiongroup.co.uk/forum/l
  4. Thanks welshmam!! I scoured the forum for this yeaterday but I couldn't find a thing. Im going to fill in a claim form and a form for injunction and try and go to my local court on Monday. In the meantime they've sent me a letter asking me for the keys and documents i.e. logbook, mot cert. A bit cheeky of them don't you think!!?
  5. Thanks for this!!! I'm really going to have to look into this. Apart form my defence I'm gonna have to get a move on with some kind of injuction before they get to sell the car.
  6. Well if the DN is defective on 2 counts then they're stuffed!! did they terminate the agreement? If they did then as I understand it the goods are yours and they can only claim the arrears upto the date of termination. what is a VT?
  7. That's fine GK I stole it from "I've got no money" in this thread; http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements-762.html#post2222929 That might be of some help to you. I Just made a few adjustments to fit my case. I now have to convert it into a defence within 2 weeks!! I really need to take it apart again and go through each point systematically. I have to emphasize that the miss-stated payments are a serious enough issue to render the agreement unenforceable. In case they just order the amendment of the schedule I'll have to dish
  8. Thanks GK I have removed them, I'll re-uploaded here; IGITSkeleton.doc
  9. My agreement is post April 2007 so unfortunately I'm unable to claim it as automatically unenforceable. I'm therefore going to have to strengthen my argument for the dodgy DN This is so true. The judge seemed to keep referring to tenancy laws. I had to politely as possible explain parts of the CCA without insulting his intelligence in any way. In his credit he was very willing to listen and was generally a nice guy. I'm just annoyed with myself as there are so many points that I wanted to touch on but just didn't get the chance. I just hope I am lucky enough to get him at the next
  10. Ok Caggers I attended court for my hearing this morning. The first thing the judge says to me is that he has received a fax from the other party requesting for the hearing to be adjourned as they are now in possession of the vehicle. They want to sell the vehicle and deduct the sale value from the amount of the original claim and then chase me for the remainder. He was very keen to close the file in front of him and send me on my way. I as politely as possible asked if I could raise some issues I had with the other party's claim. He looked at me funny and said "well what wou
  11. Thank you for clarifying this for me car. I will definitely be letting the judge know of their actions regarding this tomorrow, as the DN is clearly invalid so they've definitely repossessed unlawfully.
  12. This is great!!! I have a hearing on Thursday in regards to a HP vehicle loan. I will bee using this!! One question though, my car was repossessed on Sunday evening, obviously whilst the matter is in dispute. I haven't paid a third of the amount but is their action of taking the vehicle in breach of OFT guidelines? Here's the link to my thread: http://www.consumeractiongroup.co.uk/forum/legal-issues/189249-notice-return-goods-court.html apologies for subbing
  13. This is where I am confused, I am fighting in court that the agreement is not enforceable due to misrepresented repayment terms. Wouldn't this mean they can only enforce the agreement via a court order? I wasn't served a default notice and the one they seek to rely upon in court on Thursday is not compliant as they are not in the prescribed form. I have a termination notice that gives me just 24 hours from the date printed to voluntarily surrender the vehicle. This is obviously not sufficient time. You can find all my scans on the first page of this thread. I've read surfac
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