Been a torrid year or so with this mob. I lost the case even though the POC was clearly wrong and the DJ said I was out of time for setting aside this case. So just to update and ask for advice before contacting these really nice reasonable people who bully, call, send collectors to my house at 6am then have been to my works twice! Anyway, in court soon as I have another hearing following my original hearing, where even though I have made £3583 more in payments than their claim, they have not altered the paperwork. Claim is for the full term of the loan and interest say, court judgement and claim of £22025.50. I have paid £3,583 off that. I fell very ill and lost my job so missed payments on the time order. They want it enforced by are claiming £22025.80. So can that be right? Surely they should knock what I have paid off, plus the interest for the year + 2 months? On top of that, my Gran has offered to pay the sum off. I have 14 months on the deal to run (if I had conducted the account normally), If I offer them a full and final settlement, what should I do? Ring, write or wait until I get to court. Should I be entitled to have the interest they are due for the full term of the loan? Or should they give me that interest off? By my calculations and what extra I have paid since the time order the offer should be less than around £15000,( minus the 14 months payments?) I would really like some advice. I understand I have to pay the sum, but I don't see why I should give them 14 months interest at 38.4%. Plus the last debt collectors they sent, told me they were going to break in to get the car out of the garage(the car is massive compared to the garage and anyone with an ounce of sense can see it would not be there). I know it is naughty, but I am prepared to go bankrupt over it as I know they will sell the car for peanuts and go for a charging order on my house (which I know is -£50K in equity and all assets are owned by my wife). The car is valued at far below the value of the loan. Any help would be appreciated as I am in court on Friday with them and would like to avoid more costs.

So, should I just send to these JD Williams people the default letter?

I never applied online. They sent an agreement that I never got around to signing. I brought and paid with my card for the first two times, then they wrote to me giving me a credit limit I never asked for. I then ordered, but instead of taking the payment off my card, they put it on account. I assume that it would now be better to phone them and make an offer in light of the change in the law?

Since I last posted I have had lots of trouble with my friends at Jacamo. I sent them the letter for the CCA default, then they started to call me. From 3rd June to Saturday 5th September they would call 4-6 time a day. I sent them letters telling them to stop calling me and that they were in breach and should not correspond with me until they had produced the signed credit agreement. This is the body of the letter sent to them on the 14th August. Dear Sirs I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. This culminated in a threat from your personnel on Saturday 15th August at 11.12am. I have verbally requested that these stop, but I am still receiving calls. I now require all further correspondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine. Be advised that any further telephone calls from your company will be recorded. On the Sunday the 6th September Jacamo called me every five minutes from 10am until 1.45pm, this ended with a threat from a lady that they would keep on calling until I admit I owed them money. I changed my number the next day because I was told by every agent that the calls would continue until I admitted the debt. I have logged 376 phone calls from them! I now get letters telling me I will have a personal visit and today one from a Solicitor. I am confused, they now tell me the law has changed and they can pursue me. How do I respond, please help?

Really urgent help needed. I put in my defence. They failed to deliver the information as required in the counter to my defense. Had a letter from the court saying that it would go to the judge. I have just started a new job, so hopefully will get back on my feet. But, got back from work today with judgment from the court telling me to deliver the car to the company by the 1st July as the judge had ruled that I failed to keep to the terms of the Conditional Sale agreement. Not even a hearing to that effect. I can afford to pay £250.00 per month for 12 months whilst I sort out the mortgage etc, then should be able to resume the full payments. What can I do to stop the car being taken? I only have a few days and desparatly need some help. Anyone????

I have an account with this company, no arrears, but a payment plan as I am out of work. I read about sending CCA's on this site, which I did. I got this response which puzzles me. Have they changed the law? I did not sign a credit agreement, but they are now leving a charge of £30.00 on the account. So the amount now will increase by £20.00 per month.

Hi Markie or anyone else who can help. I PM’d you on the site the other day. I need to get me detailed defence in by 4pm tomorrow. Do I have to present it in a particular format? I was looking at submitting this? I ask that the court dismisses the claimants claim as the parties to the agreement should be stated in accordance to the Civil Procedure Rules (CPR PD 7B para 7). 1. The registration number of the vehicle in paragraph 1 on the claimants particulars of claim are incorrect The claimant is fully aware of the vehicles registration number has they hold the log book and apply for the vehicles road fund license. (they have the original registration number on it, I had it changed by the dealer before I brought it to my personal plate). 2. There is no number or identification of the agreement on the particulars. 3. The particulars are wrong insofar as to the interest rate claimed, that being 28.6% per annum. The defendant did not enter into any agreement where this interest was contracted. 4. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.(is this the way to get the documents showing the commissions and how they arrived at their costs as per Hurstanger V Wilson? They failed to provide a true copy of all correspondence of the account including credit decisions, other rates available and commissions paid to introductory agents) How can I force their hand to show what secret commissions they paid? Any help would be really appreciated. I have been offered an interview tomorrow, which also includes an exam, it will take or day, so would like to fax my particulars off to them in the morning and put the hard copy in the post and drop it into the court on the way there.

Hi Markie or anyone. I need to submit a detailed defense no later than 4pm on Monday. I am looking at using Hurstanger V Wilson and have not been able to get the credit details from Duncton. I was looking at the commissions paid to the broker, who I believe placed me with them as a direct result of their high payments rather than a mainstream lender, which I would have been accepted by at the time. How do I frame my defense forcing them to give me a copy of that paperwork? Commissions, decisions making, lower rates available? Any help would be appreciated.

Been down to the court, judge adjourned the hearing because they never had the correct details on their claim.

Thank you. I will do a list to bring up in court in the morning, hopefully you might be able to see it and let me know if it will be OK?

Thanks Mark. you are a star!

Sorry please bear with me but what do you mean by "just says the claimant is a party"

Does the Reg of the vehicle have to be shown on the agreement? Otherwise, how can they claim to enforce an agreement that has no property to enforce?

Thanks for that, I am a bit lost reading it, which section do i point out to the Judge in the morning?

Thanks.

No it is not shown on the agreement at all. I have not blanked that out

No, I have not had a termination notice in a default sense. They sent me a letter telling me the agreement has been terminated, that's all.

Thank you for your help Markiemark1 I have been a complete fool, the date on the Duncton letter is incorrect to the front page of the summons. It is for Monday 27th at 10.30am ! Their letter say they will collect the vehicle on the 1st. Ahhhh. Can I plead in person that the submission is incorrect and ask for the time order. Is there anything else I can do. I am really worried now that the Bailiffs will turn up on Tuesday and snatch the car back. Is the agreements compliant with the CCA? Thank you so much for your help.

I can now safely pay £250.00 per month. The agreement says that as an APR, is that not different to an interest rates, sorry, I am a bit of a numpty on this issue

These are the only correspondence I have from them. Thanks for your help in advance.

I would be grateful if anyone could guide me on what to do. I took out a car loan with Duncton No1 in december 2007. I had a accident last November and have not been able to work since, in fact I have just been awarded perminant DLA higher mobility. I contact Duncton to tell ask them of a payment holiday because of my circumstances. They did not want to know, I cancelled my direct debit in November and missed that months payment. They sent out a default on the 26th November, I missed the December payment on the 10th, they sent out a default notice on the 17th, then cancelled the agreement on the 16th. I pointed out the requirements of negiotation in the FLA (trade body), but again they said they still wanted payment in full or the car back. I pointed out that I had paid more than a third and they were welcome to come and take it back, but I would not authorise it and pointed out the law on the matter. That was when the phone calls started, I was getting two a day for a whole month. I sent out the harrisment letter from this forum which worked. They then sent out letters. I could not pay any money as I received £5.65 per week in incapacity benefit and paying the mortgage with the wife's wages were a priority. In March a repossesion agent came to my house and left a card to ring, which I did not. The following day I went for an interview for a job that required no manual lifting (I had discs taken out of my back and cannot walk without the aid of crutches, I cannot drive a manual car now either). Whilst in the interview I was called out to the reception. It was the respossion agent from Burlington's! I was on the company car park with the recovery vehicle. As you might imagine, the interview went downhill from that moment. I contacted Burlington's asked for a CCR, plus assignment, but got a letter back saying that they have had their instructions cancelled. Dunctons have now applied to the court for a return of goods hearing. I had asked them for a exicuted agreement which they did not supply. Today I received it in the post, together with their claim. Can anyone tell me how I can deal with this? I live in the sticks, there is no bus stop near me and I cannot walk more than 50 metres. Losing a car will make me house bound. I know I have to pay for it and can now offer my DLA payment to Dunctons. The court hearing is on the 1st May. I have attached the agreement, plus their court claim. Can they claim interest at 28.6% when the agreement has a differnt amount, 27.6%? Thanks in advance.