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SCC

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  1. Looking for some guidance please. My husband has an un-regulated agreement with Mercedes Finance. Unfortunately we missed a few payments and Mercedes Finance now want to take his car back. We have written to Mercedes Finance appealing our case but they have responded that the will not re-instate the finance. Can anyone advise what the next steps are for both Mercedes Finance and ourselves. Total Cash Price of vehicle - £34382.49 Deposit - £4000.00 Total charge for credit - £13557.11 Acceptance Fee - £150.00 Opetion to purchase fee - £75.00 Interest - £13332.11 Amount of credit - £30382.49 Total amount payable - £47939.60 Monthly payment - £578.16 Payment period - 60 months. Agreement dated 31.08.2007 Can post the agreement if required. Any advise would be most appreciated. Thanks SCC:sad:
  2. I have had a crack at the draft defence. Please can someone take a look and advise if acceptable. It is hard to draw up a defence when you don't actually have the claim details - no documentation received. John Lewis.doc
  3. Thanks for the help Spamalot. We will pull together a draft defence and post for review. Thanks again SCC
  4. I have sent the CPR 31 request to the solicitor. Should I be submitting a defence to the court and if so please can someone give me some guidance. Court date is 3/12/09 Thanks SCC
  5. Thanks Spamalot. In the CPR 31.14 it states - Please treat this letter as my request made under CPR31.14 for the disclosure and the production of a verified and legible copy of (each of the following/the) dosuments mentioned in your Particulars of Claim: We did not receive any particulars of claim - we only received a Judgement for Claimant. I have amended the CPR to read as follows: CPR 31.14 Request On 9 September 2009 I received the Interim Charging Order in this case issued by you out of the Slough County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of the following documents: 1. the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. the default notice Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. 3. the termination notice Do you think this is correct? Thanks SCC
  6. Should I be sending a CPR31 to John Lewis's attorney in order to obtain all the paperwork that they used to obtain the judgement? Any help would be most appreciated. Thanks SCC
  7. We have now had a court date to have the Charging Order and judgement set aside. What do we do now? What paperwork do we request? Any help most appreciated. Thanks SCC
  8. Thanks Haggis1984. Will post up when/if received. SCC
  9. Attached please find copy of agreement. One other question, can MBNA registerd a default against my credit record we haven't been to court? SCC scan0001.pdf
  10. A little history - I started down the CCA route with MBNA back in April 2009. Was written to by various companies - Risk Management Alternatives, AEGIS Ltd, Optima Legal regarding outstanding balance. Sent off an SRA request 19 June 2009 and received their paperwork back on 31 July 2009. In their paperwork they have included a copy of the Application Form which I signed but did not date. There does not appear to be a signature on behalf of MBNA on the application form. On 17 August 2009, MBNA wrote to me advising that as I'm a homeowner, they may pursue litigation action and seek a CCJ that may result in a Charging order. On 7 September 2009, MBNA advised that a Default was due to be registered against my credit file. On 21 September 2009,. MBNA advisede that my debt was scheduled to be written off as a bad debt. After the debt was written off they will pursue one of the following actions to recover the total debt: - Place the account with a third party - to obtain payment of the full balance - Sell the debt to a third party - will no longer an an MBNA customer and the third party may apply their own fees to your debt. - Refer the account to a solicitor - where they may recover payment from me via a charging order, attachment of earnings or warrante of execution. My questions are: 1. Is the application form binding/legal as MBNA have not signed the form. 2. What should my next steps be as MBNA have not issued a Default Notice nor have they terminated the agreement. Any help / guideance most appreciated. SCC
  11. Apologies, POC attached. Thanks again SCC scan0006.pdf
  12. Thanks, that would be great. SCC
  13. What do we include as the defence in the docs to the court? SCC
  14. The whole thing was rushed through the court without our knowledge. We were waiting for John Lewis to send us advise that they were taking us to court but heard nothing until the judgement arrived.
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