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Posts posted by RCT40

  1. 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.

  2. 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.

  3. This was dismised due to the Bill of Sale issue


    Can the Claimant instigate another claim??


    Now CPR 38.7 Prohibits a new claim on the same particulars but a second bite at the apple without the Bill of Sale and simply on the Consumer Credit Act??


    And finally if the Car was repo on a dodgy Bill of Sale, can a debtor then sue Finance U or the creditor for breach of contract with an unlawful repo??


    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.

  4. 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.

  5. Read s55cca1974


    CONC 4.2 FCA Consumer Credit Sourcebook



    (4) for bill of sale loan agreements:

    (a) the risk of losing the asset which is the subject of the bill of sale and the loss this could entail;

    (b) that repossession can take place without a court order;

    © that repossession may not clear the debt owed; and

    (d) unlike in the case of hire-purchase agreements and conditional sale agreements, the customer is not protected under this arrangement from repossession of the asset where one third or more of the total amount payable has been paid off;





    The Consumer Credit ( Agreements) Regulations 1983


    That should occupy your evening RCT😀


    Thanks again Rouge, I've sent you a PM, hope you don't mind...

  6. 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.

  7. Yes noted that about the letters could prove very useful


    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

  8. From 1 October 2012 onwards


    If the creditor applies for or is given a CCJ against you on or after the 1 October, they can apply for a charging order straight away. This applies even if you are up to date with payments under the CCJ.


    If the CCJ was made before 1 October 2012 but the order to pay by instalments was made or asked for on or after 1 October, the creditor may argue that they can apply for a charging order straight away. Some judges may accept this argument even though the original judgment was made before 1 October. This is a ‘grey’ area and you may need to get advice about what to do.


    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?





  9. Was it the Perry Mason MD who said that to you?


    Just a thought did you take any dated photos of your new car when you bought it?


    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.

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