Help guys Car was brought from Carcraft in Feb, due to issues with Bank the June payment was missed and within a week a default notice issued (Only payment missed) I called and explained there were issues and I would make a payment. However I bank with Natwest and for obvious reasons the credits I was expecting did not arrive so a second DD bounced. This was last week. About 10 mins ago three people turned up, pushed my car from the private driveway and towed it away. I said it was on private property and that I did not think they could do that. They said they could do what they want. Spoke to Advantage and they said they did not care how their represenatives acted as long as they get the car. Was I right, was it illegal and anyone have any advice please Car was taken from Driveway No Paperwork left No Consent given No Keys given Finance is in Mrs Venom name and she was not here No Notice of Termination

sorry for opening up this dead thread but updates.... The claim was struck out, but in March was instated by a Judge who said they did file paperwork in time...which was odd. The case went to mediation which failed (They did not move). The case was in court last week, I had to miss going due to my daughter falling ill. I did inform the court and the case went forward. A CCJ was issued and I have looked and I think, due to the being told by the Court in August that the paperwork was not submitted and the reasons for non attendance I can get the decision set aside so that I can present my case?

Hi Folks, Sorry for the dramatic title I have just been visted by a Bailiff at about 7:30 this morning for Council Tax. he has said he is going to come back at 3pm and I have to have the outstanding balance in full by this point of he will remove my goods. Apparantly there is no way around it no arrangement to make. This is his first visit. Need some help on this one - the complication is that I wrote to the council and gave them a student exemption form which seems to have vanished into the ether. I have kept a copy of this letter so the debt should be roughly half what they are asking for. Can I stop them removing items from my home. I am going through a rough time at the moment have 3 kids and really dont want them to see this.

Thank you for all your help I am writing at the moment to the people you suggested in an earlier post. But again thank you

Right spoken to the court today. The claim has been struck out due to the claimant not filing the paperwork at the correct time.

Cool - Yeah I am guessing a local firm but I can't understand why the judge would continue the case when he has stated if they did not produce the documents up front it would be struck out. Also they are bringing documents to the hearing - however I have no idea what these documents are....

Ok update time... Tower did not enter the paperwork on time, which the court has confirmed. They did however email after the date stating they will be attending the hearing on the 16th Sept. Quick question....The court stated on the paperwork sent out that if they did not produce a legible copy of the Credit Agreement then the case will be struck out. However The case seems to be going on without it. Any arguments I can make to the court??

Right update Deadline passed....spoken to the court today, the case has gone back towards the judge for direction as Tower have, surprise surprise, not supplied any paperwork...... SO fingers crossed.....

Right..... Just had a notice from the court - The case has been moved to another court due to the one the claim was being dealt with being closed. The case has been moved to 15th November...however the court has ordered Tower to submit the information requested by the judge to the court by the end of the week or the claim will be struck out. They have also asked us for the same information - however we have supplied our defence to the court and to Tower months ago - I have written to the court again today to advise them of this and attached copies of the same evidence again to this letter. Hopefully this will be enough, but not surprised they have not submitted information!

Right quick update (again ) Date has been set for September 19th so preparing everything for then - All the evidence is in and forwarded to Tower as well so will await to see if they turn up

Quick Updates Got a Notice of allocation to small claims track today - They have requested from them a legible copy of the original form and our documents. I take it then Tower have refused mediation...... No date fixed yet so will let you guys know Thanks again for the help

Cool ty for that - will get the forms off asap and tick the mediation box

Right just a quick update: Received my Notice to Transfer Proceedings doc this morning with the allocation questionnaire, which I am filling in. Just a quick question, it says about a Small Claims Mediation Service - Is this worth doing or not as we are disputing the amount? Thanks again for the support and advice so far :)

Thank you will amend and send it today

Hi I have amended the defence and added "Regular payments were made on this loan from 23rd June 2004 to 22 September 2011 (see appendix 1 attached - which will list dates and amounts). The company restructured this loan without notifying us of any reason, and therefore this restructuring should be deemed unfair and rescinded by the courts. The company have been less than transparent about any commissions they have earned, and any DECREASES in interest rate have not been passed back to the customer." In regards to interest rate no nothing was said to me over the years of the rate lowering, however the cover letter states that this was applied from April 09. Also, looking at it again, I have been charged another documentation fee in 2006 but I signed nothing....

Last payment was in September, the last restructuring was in March 2007, but extra reschedule interest was added yearly from then onwards - however up until September we made payments every month.

Hi, This was taken out in 2004, before they started Pay Day loans - basically if you could prove u had money coming in they would lend to you. The £3288.24 was a consolidation of a previous loan taken out but no details have been sent to me about that so had to run with what I got - that loan was taken out back when they were based in Parkstone not Bournemouth. Tower have sent me a cover letter breaking down the amount then copies of the payments made to the original account, then 3 new "Restructuring" loans which we never asked for. Basically it looks like they cleared the balance of one loan and added further interest waited a year then restructured it again. So over the years I have had 4 "loans" with them, but really should have been one. The money was given by cheque to be paid in. Is the one amount correct on the POC as I thought it would have to have been split 50/50? If it is no prob will amend that bit.

Here is what I have so far for the defence (using what they have sent us): In April 2004, we took a loan out with Tower Capital. Our original loan was for £3,288.24, with 37.30% interest added from day one (The application form supplied states £1875.60 added however according to our account £1959.56 was applied.) as well as £100 administration fees. Also £340.92 was added as “payment protection insurance” however this was neither asked for or wanted at a rate of 35.24% apr. The total amount at this time was £5688.72. We have paid so far £5410. However we have noticed the loan has been “restructured” with out our consent or knowledge and no evidence has been supplied to us in regards to these restructing loans, which has added £1637.35 of intrest to our account (According to there own records) They have claimed, since 2010, £809.36 in default charges. They claim they did not have the correct number for us, however they have used these out of service numbers 27 times. We received, to our recollection, one call in October 2010 asking us to increase our payments. We received no email – however our email account has not changed since 2004. This amounted to £135 since Sept 2010. We were never informed or told of the £25 per missed transaction and we have no documentation where this is concerned and no terms of conditions supplied when requested via letter on 31st March 2011. The Particulars of Claim issued on the claim form are factually incorrect. The Claimant is stating that both myself and my wife owe £2725.43 each, however, if this is a joint account then the amount owed per person would be £1362.71 and as such the form is incorrect. We requested for copies of the original agreement to be sent to us, however the copy we have received is missing a legible signature from either myself or my wife. Regular payments were made on this loan from 23rd June 2004 to 22 September 2011 (see appendix 1 attached - which will list dates and amounts). The company restructured this loan without notifying us of any reason, and therefore this restructuring should be deemed unfair and rescinded by the courts. The company have been less than transparent about any commissions they have earned, and any DECREASES in interest rate have not been passed back to the customer. We are disputing the following: Restructing intrest of £1637.35 The payment protection of £524.88 The Contact Attempts of £135 Missed instalements penlties of £325 Our total amount we are disputing is £2622.23 of the fees, This leaves a total of £103 which we do not dispute. We also move that the current claim is struck out as the amount being claimed on the case is incorrect per person. We are willing to enter mediation in regards to any outstanding monies owed to the claiment The deadline is Tuesday next week (28 days after Service) so any help would be appricatied - also as a FYI they have just written to me and have offered us to drop the amount to £2000 to be paid by end of April.....however looking at what they have sent me......

We did not acknowledge online, but via post well before the deadline (Deadline is this week) (Internet was playing up had to send it back via snail mail.) - I worked it out we have till the end of this week to file the defense online (Interwebs working again!) Thanks again

Cool, thank you!!! tbh I was wondering about that, we have paid so far around 3x the amount borrowed due to restructring loans we never asked for, or signed for. Even the copy of the agreement is undated and unsigned by my wife. Also, it makes sense tbh about what you said about the amount being asked for - on the "Statutory Notice of Default" the figure printed on the form, which was cross out in pen, was for half the amount, yet they are claiming the same amount from both of us. They have offered us a compromise of paying 2k by the end of the month to avoid a CCJ, however I still want to fight it. Excellent advice - thank you. If you can give me anymore please do

Right - again a bit of an update, sent the form of the the court to say I was defending this, on the same day sent a letter to Tower asking them for details on the agreement (Copy and paste the c?.14 letter under the sticky) to which they have responded. However the copy of the agreement is missing my signature and date and the sig from the lender. Also the loan amount total to repay is much lower then what we have paid. They also have included "Re structuring loans" which jumped our debt from 1400 to 5300, which we have been paying. However no paperwork or details on the restructuring. Also, they have included £150 in fees for calls and emails but no details on when these were made. Advice? Is this enforceable?

Hi Quick bit of advice please I have just checked my credit report (kinda a bit lapse on doing this but I have another "issue" on a separate post which needed me to take a closer look) credit rating is good atm, however I notived a CCJ that I did not recognise. Done a bit of checking and it is from DSG Retail (PC World) from 2007. Looking though my paperwork, I paid them the day the judgement was entered (paid at the court which I was given a receipt) and I contacted DSG who confirmed the payment was received. However, I have just asked for the details for my account to be sent to me, and they have the amount being credited about a year later?!?!? The account is clear - we owe nothing to them and they have admitted this (so I can go for a satisfaction certificate at the court) however.....3 years of bad credit due to there mistake? Anything I can do or can someone point me in the right direction? Thanks in advance

Right done some research on this: using your site and the old Law books I am right in thinking a Notice of Default is not the same as a Default Notice? If this has not been issued, would this claim be invalid? Also, they have put it in joint names, however the loan was mine and my wife never signed anything and it does not appear on her credit report at all?

Thanks FYI the POC of the Claim are: "Unpaid Personal Loan Agreement number XXXXX Mr xxxxx xxxxx and Mrs xxx xxxx Have made no payment against their above account since 22 September 2010 Despite our attempts to contact Mr and Mrs xxxx, they have failed to respond and therefore a Statuary Notice of Default was issued and sent to them on 2nd December 2010 Mr and Mrs xxxxx have not responded to the Statuary Notice of Default and we therefore seek the courts assistance in order to recover the monies owed by Mr and Mrs xxxx" We have had zero letters or phone calls from this date, we have written to them. The claim has our surnames spelt incorrectly and the Notice of Default was "typed" then amended by pen to a new amount, which is what the claim is for. Thanks

Hey all, new to the forums need some advice. Good olde Tower Capital have just sent me a claim for a CCJ. However I need to check if I can defend against it. 1) A defult notice was issued, but the amount which was "typed" on the default notice was crossed out in pen and a new amount hand written in - which was higher then the balace we were expecting. 2) The claim has been made for the above amount, however my surname is spelt incorrectly (Extra letters) 3) They have said on the claim no contact has been made since December but we can prove we have written to them and called them. They also have claimed no payments been made since September, but we have cleared cheques paid to them since this date - so this is incorrect as well. other then we owe money to them everything else seems to be wrong? They have not been in contact at all since February, when I asked a manager to call me back and nobody did. I know they kinda have a rep for slightly......incorrect paperwork but not sure if this counts - I am not looking to have the debt taken off - the debt is for 2400 (well on the defult it was 1496 which was scribbled out and the 2400 put in place) for a £1000 loan taken 8 years ago at 149% interest.... ...(Which we were told was nothing to worry about and was normal.)