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 cannot be voluntarily terminated by the debtor. Section 99 of the Consumer Credit Act 1974 (Right to terminate hire-purchase etc. agreements.) only applies to hire purchase agreements. 4. Further to this under key information on the Fixed Sum Loan Agreement (enclosed) it states that ‘You have no right to cancel this agreement’, therefore the defendant could not possibly have terminated the agreement. 5. In addition, the ‘Voluntary Surrender Form’ that the defendant allegedly signed states ‘I understand that this action does not constitute a termination of the agreement’ 6. For a creditor to demand earlier payment of sums not yet due, terminate an agreement and/or enforce security on a regulated fixed sum loan agreement they must under Section 87(1) of the Consumer Credit Act serve valid default notice giving the debtor a chance to remedy the breach. 7. Section 88(2) of the act states that the default notice must allow a minimum of 14 days to remedy the breach. The default notice was dated 12th February and gave until 22nd February. This fell short of the statutory requirements and therefore the default notice should be void. 8. In addition the claimant terminated the agreement based on this invalid default notice. Section 4 of the default notice states ‘We will, terminate the agreement, without further notice, on the 22nd February’. This is self-explanatory 9. Based on the fact that the agreement was unlawfully terminated, the claimant does not have a cause of action for these proceedings.

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 voluntary surrender and even produced a fake voluntary surrender form. In court today they claimed that I voluntarily terminated the agreement and referred to it as a hire purchase agreement, I pointed out to the judge that it was in fact a fixed sum loan agreement and did not come with any voluntary termination rights. He disregarded this and said that I did in fact end the agreement by handing the car back and sending the consent letter. I pointed out that the underlying agreement still existed. The default notice stated that on the 10th day the agreement would be terminated without further notice and they would demand earlier payment and enforce the security, I pointed out to the judge that the default notice was not valid which he took on board. Am I right in saying that a FIXED SUM LOAN AGREEMENT cannot be terminated by me and can only be terminated upon the expiry of a valid default notice? Any advise on what to put on the N244? Thank you

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 document. To sign a statement of truth on MCOL, you need to type your name and, where appropriate, your position or office if signing on behalf of a company or firm. Electronic signatures are acceptable under paragraph 10 of Practice Direction 7E of the Civil Procedure Rules. By completing a statement of truth, whether online or on paper, you are certifying that the information provided is true. A person who completes a statement of truth without an honest belief in the truth of the information given is liable to proceedings for contempt of court – see Civil Procedure Rule 32.14 I guess I can add this to my defence, I'm hoping to go down the insufficient particulars of claim and lack of pre action protocol route and have it struck out.

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 even created a fake voluntary surrender form. Shame the signature is totally different to mine!

Thank you:-) I did acknowledgement of service today which gave me 14 extra days. I need to submit by 18th Feb

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 used car dealership, both companies are owned by the same man. They only 'lend' to that dealer too. My defence is based on the fact that they did not issue a default notice and have failed to provide one over the past year despite being asked several times. I am also looking at another line of defence which is the part I need some help with. The terms and conditions say "We will pay, on your behalf, to the named supplied the Amount of Credit shown over the page" I know for a fact that they did not pay any money to their 'sister company' and they will not be able to provide any evidence that they did. Is this something I can add on to my defence? That fact that they did not actually lend any money. If only they had been a bit more understanding, I was back in work within 2 months so all of this could have been avoided and I wouldn't have had all the bad info added to my credit report by them! Thank you

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.

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 another loan agreement and bill of sale for another car or be stuck with the broken one.

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 sale was registered 2 days after me signing. Should the witness sign and put their own personal address? The address she put was c/o the finance company/dealership Also the copy they sent me had a blank amount of money as the amount advanced. I think this adds to the ammunition Just got to wait for the registered copy to come, then I can go get them

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.

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 too. This Bill of Sale made the 12th day of October 2010 Between (me) (hereinafter called “the grantor”) of the one part and ****** Finance Company LTD (“the grantee”) of the other part. Witnesseth that in consideration of the sum of (BLANK) (hereinafter called “the principal sum”) now advanced to the Grantor by the Grantee (receipt whereof the grantor hereby acknowledges) the Grantor doth hereby assign unto the Grantee and ITS assigns the motor vehicle (hereinafter referred to as “the vehicle”) specifically described in the Schedule hereto and being (or shortly to be) at My Address (hereinafter referred to as “the authorised garage address” which expression where the context so admits shall include any substituted address authorised by the Grantee as hereinafter provided) by way of security for the payment of the principal sum together with interest thereon at the rate of 18 per centum per annum. 1 The Grantor doth further agree and declare that he/she will duly pay to the Grantee the principal sum together with interest as aforesaid by one instalment of £TOO MUCH BLOODY MONEY one month from the date hereof to be followed by 34 payments of £TOO MUCH BLOODY MONEY on the same day of each successive month with a final payment of £OUCH one month later. Payments of less than the amount due will be appropriated first to interest and then to the principal. If default be made in any payment when it becomes due the balance of the principal sum then remaining unpaid together with interest then accrued shall at once become payable together with interset on the balance of the principal at the specified rate from the date the balance shall have become due until payment. Then some rubbish about comprehensive insurance. THE SCHEDULE ABOVE REFERRED TO Details of the car In Witness whereof the grantor has executed this document as a deed the day and year first above written. SIGNED AS A DEED and delivered. By the said:- ME in the presence of: BUSINESS MANAGER WHO WASN'T EVEN THERE!!! Address - Same address as finance company. Looks a bit dodgy to me. Interestingly though, they didn't give me the court reference number which I asked for.

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

Going back to obtaining a copy of the BOS, who would you need to make the payment out to? Royal Courts of Justice?

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

PM sent, I wasn't aware of the FSA database.

Hi, Yep tried all of those, Company registration number, full registered name, post code, cca register for other names and addresses. Nothing at all. I should point that they are not a big company, they only provide finance for one independent used car dealer. The finance company and the dealership are owned by the same guy but are registered completely seperately.

Hi Gang, I have just been searching the Data Protection Public Register at http://www.ico.gov.uk/ESDWebPages/search.asp It appears that the finance company who I have a loan with are not registered. They are reporting my information to Experian. Is this naughty or not? Before anyone asks my account is up to date so i'm not trying to get bad info removed

Due to tory cuts my job is no more. Last September I took out a car on finance using a dealers in house finance (same company under different name) It was a fixed sum loan agreement secured with a Bill of Sale on the car. Obviously I cannot afford to keep up the payments on the vehicle and would like them if possible to do a voluntary repossession, like on HP agreements and then arrange to pay whatever is left over at affordable monthly payments Hopefully they will help me as i'm not trying to shaft them and not pay.. Could somebody point me on the direction of a template or suggest how I would put it to them? Pleeeease Thanks

Howdy, I have found a little loophole that will allow you to cancel your BE broadband subscription within the contract period but without paying the early termination fee. All you need to do is upgrade/downgrade your subscription, they then put you on another 12 month contract. You then have 7 days cooling off period to cancel the account. I've just done it and my subscription ends 9th November. I did it online by submitting a support ticket, not over the phone.

It went off to citroen for the check and they phoned me 4 days later saying that it wasn't financially viable to repair the vehicle and as the cruise control is only a minor feature we would like to offer you an extended warranty in settlement. I said no thanks as I had already bought an extended warranty so another one would be useless. That was 2 weeks ago and I still haven't collected the car. They still refused to exchange the car until I walked in there and gave them a 7 day letter before court action. They are now waiting for the manager to ok the exchange but are confident that he will. Are we allowed to name and shame?????

I purchased a car and used the dealers in house finance to fund it. The agreement states an APR of 46.9% but at the bottom it says 'Interest is charged at an equivalent rate of 18% pa' I am thinking that they have got it wrong and the 46.9% APR is Actual Percentage Rate rather than Annual Percentage Rate. This would make the Annual percentage rate 18 But maybe i'm just being dumb. Any help would be appreciated. Thanks

Did I miss the joke?

Quick update, They did indeed pass it onto debt collectors. I told them that I didn't sign anything, they checked with LA fitness who told them to close the account and "were very sorry" Job done. Thanks for your help.

Hello, I purchased a used car from a local independant dealer. It was funded through their in house finance (ie the dealer lent me the money) but with a fixed sum loan agreement rather than hire purchase. I have had the car since 19th August (4 weeks) and they have been aware of the following faults since the first week after collecting: The cruise control does not function at all. An extremely loud and embarrasing screech when the car changes gear. Binding brakes They have already had to repair a tyre, replace one and put new brake pads on. They have finally arranged for it to be sent to Citroen for a diagnostics after fobbed off for 3 weeks (the usual phone me back a week next tuesday rubbish) but I would rather just hand them the vehicle back and be done with it. I know that the rejection period must be within a reasonable amount of time but what if the dealer was made aware but did nothing for 3 weeks? Any help would be appreciated. Thank You

Howdy, I signed up with LA Fitness a few months back, but I am looking to cancel as I can't get on any of the equipment due to it being busy all the time. They lock you into the contract by loaning you the money to pay themselves and then getting you to sign a Fixed Sum Loan agreement. On my first visit the salesman told me to go and use the gym and he would sign me up, he took my card, processed the first months payment and signed the credit agreement himself with an X. Based on the above info any ideas where I stand on cancelling my membership? Ta Muchly