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Everything posted by RCT40

  1. I don't think you have a choice with Finance U - this guys relies on you giving in - if you fight he goes to pieces in my recent experience.
  2. I had thought about that dx, but after sending Finance U an email threatening a complaint to ICO and FCA - Equifax have confirmed that the information has been deleted from my credit file today - happy days! Seems that what you need to do is be a bully bully.
  3. Thanks, There is no default recorded on my credit file, as in there was never a default notice sent to me, and not recorded on my file. The account balance is wrong, the monthly payment is wrong, and it racks up another missed payment every month. If everything had turned out as it should the account would have ended this time last year. So does this mean it can just tick on forever? He was told in court that the entries were to be removed, but that's not on the judgement document I recieived. I guess you only avenue is to make a complaint to ICO.
  4. I wonder if I could get some advice please, after the court hearing, I applied via Equifax to have the Finance U entry removed from my credit file. Equifax contacted Finance U who have refused to remove the entry from my credit file, is there anyway of making them remove it? Thanks for any help!
  5. Although it's been mega stressful, especially coming up with firm proof dates were changed, which resulted in an information request to DVLA for acquisition date of the vehicle and road tax information to prove dates were changed, I would say to anyone fighting these people, don't ever roll over, give them enough rope they'll hang themselves - this guy is in his 70s, doesn't use solicitors LiP and doesn't appear to have a clue what he's going on about - says the first thing that comes into his head, like he gave me a BMW to drive away a week before I signed an agreement to finance it - as if that would happen lol. They also forget the documents given to you under SAR for example, and issue changed ones to suit their situation. This happened here I was given some diary notes under SAR last year, and after a heated discussion in the waiting area at the prelim he issued an updated version to suit - but that fell to bits when I added to my evidence the notes that I held because these new entries would have also existed on my copy. I'd be happy to chat with anyone in similar situations with these people and provide any assistance from my experiences. Also to anyone having trouble getting credit, this is similar to doing a deal with the devil and should be avoided at all costs - public transport would be a less stressful option than having a car from this lot.
  6. Thanks for the questions and observations. Unless the claimant tries it on again, I'm not going to push this one any further. This has dragged on since January 2013, caused me a lot of stress for a longtime and I'm pretty weary with it all. Whilst the Bill of Sale was ineffective not being registered on time, this is becuase the claimant tampered with the dates of the agreement, we signed on 31/3/2012, but the agreements were changed to be 6th April 2012. We also didn't get any copies of the agreements until October 2013 despite three letter informing that we've never received any agreements since signing them. I'm fairly convinced at this stage after watching the judge wipe the floor with him in this area that he won't be brining this one back - however stranger things have happened I suppose, and I'll cross that bridge if and when I come to it. It did take him three years to issue this claim.
  7. The essence of it being dismissed was because the claimant insisted that he gave me the car on 31st March and I returned on 6th April 2012 and signed a finance agreement - the judge wouldn't buy that, and with the evidence we provided found that the agreement was signed on 31st March and therefore the Bill of Sale document was not registered within the specified period giving way to an unenforceable agreement. Our counter claim failed, because we had intended to enter a valid agreement and had made those payments in the thought that it was indeed valid. However I still think the counter claim was worthwhile as it put pressure back on the claimant. The claimant didn't provide any bundles as directed, however the judge other than had a moan at him didn't take any further action.
  8. Just a quick update on the outcome of this one, Claimants claim dismissed as Credit Agreement found unenforceable. My counter claim also dismissed. Quite happy with this, my credit file can be cleaned up and don't have it hanging over me any longer. Thanks to everyone that helped with advice.
  9. It hadn't been filed with the court yesterday - I'm trying to get through to check again today. Trial is on Tuesday, what would you suggest that I do Andy?
  10. I'm just wondering whether someone could tell me please what the likely outcome is if the claimant doesn't provide trial bundles prior to the trial taking place?
  11. Thanks again Rouge, I've sent you a PM, hope you don't mind...
  12. Can anyone point me to a source that shows the differences between a PCI, unexecuted and an executed agreement please?
  13. Thanks for coming back to me rouge, it is personally identifiable in as much as it includes my name and account number. I would say that my ws and disclosure were/are at odds with the bogus entries in this new document. However after going through the 400-500 pieces of paper gathered on this issue since 2012, I unearthed a previous copy of the diary notes provided to me under the SAR last September that I'd attached no importance to, because until today it wasn't important and was covered in my ws. The deadline for filing additional evidence was today, since we last spoke I've had the case transferred to my local court which is 10 mins away by car, so I've handed delivered a copy of the notes I'd been given to the court today - so, with two conflicting sets of diary notes, he's dug himself a bigger hole probably.
  14. I've received a copy of the diary entries, as expected theres things in there that didn't happen. Shouldn't these have been included with the SAR? Not quiet sure how I should respond to it.
  15. Thank you, comforting to know that the risk is the same for each party, considering this was used Wednesday in an attempt to frighten me into rolling over.
  16. Thank you Andy. Can you point me to any information on this please. I could have worded that slightly better, lack of sleep!
  17. I've been trawling my email and found, the confirmations from my insurance company when I did the change of vehicle after speaking to the salesman late afternoon on 30th March 2012. I'm going to add to my evidence the agreement for the vehicle that I had from them in 2010. This agreement is very different from the one for the BMW and has a different agreement number. On the first vehicle I left a holding deposit, but couldn't pickup it up for almost two weeks, I also found the transaction in my online banking for payment of the deposit balance which shows as 25/9/2010 - and the agreements were signed on 24/9/2010. As for the I don't need to send you an agreement, because you've got a pre-contract and your an existing customer and know the terms and conditions, would this be the right section to quote? http://http://www.legislation.gov.uk/ukpga/1974/39/section/61A
  18. Hi Andy, Out of interest, if judgement was entered against the claimant, and my counter claim allowed would I be afforded the same opportunity of a charge? Thanks RCT
  19. It was the MD. No photos unfortunately, which is unusual for me. All my letters have referred to collecting the car on 31st March 2012, these were written before I'd seen the agreements in October 2013. I spoke to the DVLA yesterday, and the vehicle was taxed on 30th March 2012, now why would that be done if it was going out in April? I've sent in a request for information form today for the DVLA to provide this information officially, and they will also release the date the vehicle was assigned to me.
  20. A side ways thought to gather more evidence, is it possible to sent the DVLA something along the lines of a SAR for the vehicle - I'd like to capture some details, such as when the vehicle was transferred into my name, and also details of when it was taxed for example?
  21. I'll let you know what I have when I receive then, we have to file additional docs etc by 8th Feb. I was also told that I may be able to prove I paid deposit an 31st March, but I can't prove I drove it away - whatever that means - as suggested by DX and yourself though its all mind games.
  22. Thats about the size of it dx. I did offer to drop my counter claim if he dropped his, but he reckons he'd need £2k from me to cover his legal expenses (which so far amounts to the initial claim, and the hearing - I did try but I couldn't make £185 and £355 add up to £2,000 guess I'm rubbish at maths :) ).
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