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RCT40

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Everything posted by RCT40

  1. Thank you DX, all ready for posting. There is no solicitor so only the CCA request.
  2. I don't seem to be able to view any templates, it says I need to register - is there something I need to do?
  3. Yes SAR sent, and information received. This is when we realised agreement dates didn't match the day we signed for car, as mentioned in the thread. I also got a document dated same day the car went back showing that I sold the vehicle to them. To be clear this document is unsigned, and I have not seen it before.
  4. I have not sent an s77 request, or cpr 31.14 - can you point me in the right direction for templates etc? I've looked at their site, and note paper no mention of ccta members, is it possible to check online? I do have some things realised from SAR requests. Thank you for you help!
  5. Is this what you need to see? 1. By a credit agreement regulated by the consumer crediticon act 1974 and dated 06/04/2012 the claimant lent the defendants the sum of £10.337.25 to be repaid with interest and charges by one instalment of £295.00 on 06/05/2012 and 48 monthly instalments of £398.16 thereafter. 2.By a letter dated 26/04/2016, the amount outstanding was £7,911.68. No payments have been received from the defendants since the letters before action were issued. However a rebate of interest amounting to £2,911.68 has been applied. 3.Accordingly, the defendants are indebted to the claimant for the sum of £5,000.00. Copies of the sales invoice from C.P.G(Wales) PLC T/a Corner Park (Item 1), The credit agreement (Item 2) and the letters before action (Item 3) have been sent to the defendants. The claimant claim the said sum of £5,000.00.
  6. The BOS and CA are dated and signed in the hand writing of Kim Gee-Wing who is the person I dealt with on 31st March at the Swansea branch. As I have the deposit receipts (hand written receipt from garage, and also debit card machine slip) which shows I paid the deposit on 31st March, am I safe in saying that the BOS was not registered in time, and also that the dates have been changed? In nearly in thirty years of buying cars I cannot think of a single instance where I paid all the agreed deposits, insured the car - then walked away and returned a week later for it... I’ve also been talking to the national debt line as you suggested, and they say because the BOS I have holds a high court stamp and serial number it would be a waste of £50. They also told me I should gain advice on the fact that I drove the car away without being provide with any copies of the agreements - any thoughts?
  7. Thanks both for your comments, I've had a good dig around today, and have a signed receipt headed corner park garages by the same person that signed the CA, BOS, as well as the receipt from the chip and pin payment made at their premises, and a cover note both dated on 31st March, which is when we signed the paperwork and drove the car away. Would the be sufficient to prove that the dates have been tampered with? As I see it proving this is vitally important, as the BOS was register on 12th April meaning it was executed incorrectly, as dx points out it has to be registered within 7 days. As for your comment debt4get, I think he is heading down the I gave it back route, which as I've said isn't what happened - but from a SAR I have a document (unsigned) made out in my name as the seller of the vehicle the day I was made to hand it back. When it was taken back, I was refused a receipt and asked to sign nothing. Looking at the agreement I posted it doesn't seem to be an option to even if I had wanted to give it back. DX I'll go through the CA and BOS again with a tooth comb again, just incase I've missed something. Thanks again both RCT40
  8. A question. If I may from the the files I've added along with the defence, there is a difference in dates. I exchanged vehicles, signed the documents and made debit card payments at their Swansea on Saturday 31st March 2012, yet all paperwork I eventually received is dated 6th April 2011. As well as bank transactions I also have a cover note dated 31st March 1012, other than the BOS being technically registered too late what if any is the significance of this?
  9. I have mentioned much in my defence of the BOS, which as dx points out doesn't apply any longer. I think though on balance there are more important issue in there to be addressed.
  10. This is the defence that I filed after I got back from my holidays. I take on board that my assertions around the BOS are incorrect. DEFENCE-STATEMENT-REDACTED.pdf
  11. I have read your thread with great interest, although the outcome doesn't seem to be there - could you fill in the gaps?
  12. Hi DX, Attached are the documents you ask for, if I have forgotten anything please let me know. Thanks RCT40 Binder1_1.pdf
  13. Hi dx, I have scanned and redacted the CA, BOS and the invoice. Can you suggest the best method of uploading the png files to this thread? thx
  14. Thanks dx, I've copied the questions into my thread, and will follow up after bank holiday (sooner if possible) with Credit Agreements, BOS and defence that I have already filed.
  15. Name of the Claimant ? FINANCE U LIMITED Date of issue – 22/07/2016 What is the claim for – 1. By a credit agreement regulated by the consumer credit act 1974 and dated 06/04/2012 the claimant lent the defendants the sum of £10.337.25 to be repaid with interest and charges by one instalment of £295.00 on 06/05/2012 and 48 monthly instalments of £398.16 thereafter. 2.By a letter dated 26/04/2016, the amount outstanding was £7,911.68. No payments have been received from the defendants since the letters before action were issued. However a rebate of interest amounting to £2,911.68 has been applied. 3.Accordingly, the defendants are indebted to the claimant for the sum of £5,000.00. Copies of the sales invoice from C.P.G(Wales) PLC T/a Corner Park (Item 1), The credit agreement (Item 2) and the letters before action (Item 3) have been sent to the defendants. The claimant claim the said sum of £5,000.00. What is the value of the claim? £5,000 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Fixed Sum Credit Agreement and Bill of Sale. When did you enter into the original agreement before or after 2007? 2012 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Claim by original creditor. Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No, a document entitled annual statement has been received each year. Why did you cease payments? When contacting Finance U in December 2012, hoping to setup a temporary reduced payment arrangement, as I had lost my job, I was informed that as I no longer had the means to pay the full monthly pay the car should be returned by close of business that day, or it would be collected at my cost £195. I elected to take the drop it off myself route to save costs as money was tight, and under duress returned the vehicle as requested. From this point I made no further payments. What was the date of your last payment? November 2012. At the time I was forced to return the vehicle the account was up to date, with no defaults issued to date. Was there a dispute with the original creditor that remains unresolved? There was no dispute until I was forced to give the vehicle back. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Mentioned above, this approach caused the demand for return of the vehicle that day.
  16. Thanks DX, I get url not found when following the link. I'm up to my eyeballs with work this week and away over bank holiday, but I will certainly provide all information requested during next week.
  17. Hi DX, Not been around for a while, in the meantime claim issue, defence filed & DQ due to be filed. Although as you pointed out from a CCA point of view my previous issues set me in good stead to deal with the issue, but I have little experience in the Bil of Sale department. The CCA & BOS I have are signed and witness by one and the same person. When digging around on the web, I came across http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKUT/AAC/2011/280.html&query=nine+and+regions+and+v+and+oft&method=boolean , this seems to say that this makes the BOS void, but do you or anyone else have knowledge of this being used in defence? As ever thanks for any input Regards RCT40
  18. Thank you dx, I've still have everything from the Advantage issue, so I guess its a matter of waiting for Finance U aka Corner Park Garage to make the next move and I'll deal with it from there.
  19. Thanks for your help, sent you another PM in response to yours.
  20. no notice of default, only things I received is a letter acknowledging they have received the car, an annual statement and a letter about the outstanding amount, until the latest letter mention in my initial post. I also receive a monthly black mark on my Equinox credit score which is somewhat killing my credit rating
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