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mhenry9885

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About mhenry9885

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  1. ok then. The court has sent me an appeals pack after I called them. My grounds for appeal are as follows. Can anybody tell me if I have reasonable grounds for appeal based on this. 1. The judgement was based upon an allegation that the defendant voluntarily terminated a fixed sum loan agreement and leaving an outstanding balance. 2. Throughout the hearing the claimant referred to the fixed sum loan agreement as a hire purchase agreement. I believe the judge was misled by this as the two types of agreement are very different. 3. A fixed sum loan agreement cann
  2. Hi All, I have just lost my court case and am looking to have the judgement set aside. I had a fixed sum loan agreement for a car and a bill of sale was used as security on that agreement. I missed one payment due to being made redundant. The finance company quickly issued a default notice and terminated the agreement 10 days after the default notice date (not the statutory 14 days after service date) On the date of the expiry they came and repossessed my car, they made me send a letter giving consent to the repossession prior. They are now claiming volu
  3. Hi, I looked into the Bill of Sale route, they have been very clever with it. The Bill of Sale was registered in time and has all the required wording etc. It was witnessed by the business manager at the dealer, even though they are the same company as the finance company. I'm going through their claim with a fine tooth comb and doing lots of googling, the statement of truth has been signed by the company name and not a real person The money claim online guidance states: A statement of truth normally has to be signed by the person providing the information on the
  4. Hi, Particulars of Claim word for word are: "Fixed Sum Loan Agreement for Motor Vehicle secured against a Bill of Sale. Vehicle Voluntary Surrendered to us by customer 14.2.11. Vehicle sold and proceeds credited to Account leaving outstanding balance as above. Customer refusing to pay" Amount is £3985,78 I'm thinking that the particulars of claim are actually insufficient. They actually repossessed the vehicle, I have the repossession notice and the CCTV footage. They changed their story to voluntary surrender when I disputed the legality of the repossession. They have
  5. Thank you:-) I did acknowledgement of service today which gave me 14 extra days. I need to submit by 18th Feb
  6. Hi all, Looking for a bit of advise with my court defence if anybody has time. Last year (feb) I lost my job and countn't afford the full repayments on my car (Fixed Sum Loan with Bill of Sale as security), The lender immediately refused a temporary reduced payment plan and did not offer any help or advise. Several days later they took the vehicle and demanded full and immediate payment of the outstanding balance without issuing a default notice. After a year of disputes they are now taking me to court. The finance company by the way are a small desk in a small independant
  7. Cathartic reasons? not quite. I am only contesting the bill of sale because I noticed that the witness lied.... It's the right thing to do, even if i'm unsuccessful can't say I didn't go down without a fight.
  8. Let me just explain why i'm not happy with them, forgetting the bill of sale stuff for the minute. I bought a car from them (it is a dealer with the finance company on same premises but both are owned by the same guy), within the first two weeks it developed many faults and was advertised with feature that it didn't have. They looked into repairing it but said it would be too expensive and instead would you like another years free warranty.... no thanks. They wouldn't let me return it, in their words 'I should have checked the vehicle over first.' The only option they gave me was to sign
  9. I did post an update on my original post but it has disappeared....... Update was - I have an email from the so called witness from the week before saying that she wouldn't be there and to see the salesman to go through the paperwork, yet she still signs as a witness. Further to this by brother came with me to collect the car so I have my own witness statement to present to the court in addition to the email. I called the court yesterday and the nice lady gave me my reference number for the BOS so I only had to pay £5 to get a copy of it. It's on the way. She said the bill of sa
  10. Thanks for confirming who to send payment to. If you have chance could you have a quick look at my post and let me know what you think. http://www.consumeractiongroup.co.uk/forum/showthread.php?290752-N244-Form-Voiding-Bill-of-Sale Any help would be greatly appreciated.
  11. Just got my copy of the the bill of sale from the finance company. I had presumed that the salesman had signed as a witness as he was the only one there at the time. Turns out the business manager witnessed me signing it and she wasn't even at work on the day. Lying cheating scumbags. Anyway I have uploaded a copy and would be grateful if somebody could give me their opinion over the validity of it, it looks very different from schedule in the 1882 Amendment. http://s725.photobucket.com/albums/ww260/mhenry9885/ They didn't send me the best copy so I have typed it out t
  12. Hi, It appears that I have a Bill of Sale that was been incorrectly executed. The chap who signed my credit agreement also signed as a witness. I am currently looking at form N244, Im unsure of 'What level of Judge is needed' and 'Who should be served with this application' boxes. Could anybody help me out
  13. Going back to obtaining a copy of the BOS, who would you need to make the payment out to? Royal Courts of Justice?
  14. How do, Just reading through my Credit Agreement and noticed that there is a Document Fee of £450 and a Redemption Fee of £150 which has been added to the interest to calculate the Total Charge for Credit. Does anybody have any idea what these are, a google search doesn't show much relating to a fixed sum loan agreement only mortgages. I have uploaded a copy of the agreement http://s725.photobucket.com/albums/ww260/mhenry9885/ Thank You
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