If a decree ha been issued, and the court date was not defended(did not attend), and wa given in default essentially.. How can I have the process retured to court, a now it seems the finance companies olicitiors have to the power to seize our earnings etc. Besides the fact that we did not have a chance to defend, which was due more to being neive than anything else.. both times we have had legal papers, they were served on me instead of my partner... I believe this to be of no merit however, a she did get them eventually.... It` really us missing an oppertunity to defend... We returned the car, and were told by the solicitors that legal action was being stopped, and that we did not need to return doccuments, as we filled in the vehicle surrender sheet...nieve, but if this was a tactic, then its so so underhand!! We recieved no further doccuments, and now they have the power to do what ever they want... PLEASE HELP THIS NOTICE IS DYE TO EXIRE

has anyone got any advice for me regarding this? I am really in need of some. Jamie

Hi DX, could you pleae give me the username, I`m not sure who you are reffering too. Thanks

Ive got untill wednesday to get some kind response. Regards Jamie

Anyone?

I have been told and I am of the opinion that it is Car Dealers themselves who I actually should be looking to start legal action against, trouble is although I have been told that I have a very solid case,, the costs via the claims are neglegable... I dont have house insurance, well I do now... but its after the fact.. Only had the policy for less than a week....The solicitors who didnt have "interests" with the client were etheir unexperienced in these matters, or extortionate... I have found a good, and reasonably priced solicitor.. who I trust would get the result.. but @ a price of 2.5k..... :( I feel trapped!!! I was of the undertanding that if I did get the opertunity to began legal action , and should I win, I would recieve all my costs? So surely I would not be out of pocket or break even.. I am being pursued for just over five thousand. I was quoted around 10hrs at a cost over 2k for the time.. I cant have our bank account frozen, or wages docked without being heard. I have been unorganised with this over time, and really want to make up for that, I have let certain processes begin without me.. If we did not attend the initial hearinng, and they have already been granted the ability to dock wages etc, after 14 days, then I have not chance to speak up? To actually explain my position? These doccuments arrived with me... and concern my partner, who I am doing this on behalf of... In essence, they might not have even reached her??( how is this ascertaned??) Please guys, help me out if you`e got the knowledge...I really appreciate any help. Thanks Jamie

Anyone? This notice will expire soon. If I want to contest; Can I apply for a time order(to to pay) or similar, which will halt the process, and alow me time to get a solicitor who can look at the case again before any action, ie have time to prepare? Can it be reutrned to court based on new evidence for example, or that fact that I would have liked to attend had the finance comany`s solicitors not told us that legal action ha been halted, and no need to return forms as we sent the vehicle surrender form. or Agree to a monthly payment plan with the finance company via their solicitors, with a aim to start legal action against them in future? Is this feasable? Or Have it returned to court in some other way, ie another doccument or form which can be used? I should add that thoughout our time with PSA finance they have been very unhelpful in supplying doccuments, and have not gave me any response to numerous requests for them to look into discrepencies etc, but with no avail or reply. Thanks Jamie

Thanks Dx, I appreciate your help.

Thanks, I will need to have a look through them and try to make them more readable, I suspect they may be difficult to follow. Thanks Jamie

Thanks, As I want to challenge the very fact that the finance company have a contract, how best should I proceed with this... Both I and my partner work full time, we will have to begin legal action at our own expense. As we did not have the funds at the time, we returned the car, and were told that legal action had been ceased... What can I do that will freeze this process so I can return it to court? Am I able to apply for a time to pay order, even though I want t challegnge the contract.... I have been told by trading standards that the sittuation seems to have been Arnold Clark covering their backs, but now the finance company dont see anything with the contract they have, will a date 2 months later than the date I brough the car, and will a date overwritten, and a signature thats different from mine... But the only way I can get justice is to spend upto £4000 trying to make them stop chasing me for £5500, Ive given them the car back... even though I owned it before they had a contract... They returned the initial CCA request with a blank contract, with the signtature missing, then the next 1 with a signature different from mine, and wilth a date written over. which i barely understandable, but reads ?? 07/10 when I bought the car in May and collected on the 17th May.. Can I make arrangments with the solicitors to make payments to the finance company, and challenge them later, and try to reclaim the costs? I have been told by many " experts" from this site and from everal solicitors that they dont have a chance against me due to the misconduct in so many ways, but all suggest I might want to reconider legal action due to costs... but where does that leave me, I`ll just have to pay? We dont even have the car, its so steep... the car was only worth 7k, and I spent 1800 towards it... then even in immaculate condition, they sold it for 2500 less than list price.. and now I have a masive bill and no car!!

Thanks Ida... A few months back we were delievered doccuments for completion and return to courts... Within 2 day of recieving these, I contacted the finance company via solicitor, and agreed to hand the car in... At this time we were told that court proceedings had ceased... Now I find this Charge for notice for payment, which has a 14 day period for expiry... I believe after the 14 days, I can be subject to my account being frozen, and wages without furthr notice.. They have been granted a decree and it has went to court... At this time, what do you believe my options are?? Can I SAR the solicitors even at this stage?? Thanks jamie

I should add that I returned the car willingly before any court cout dates etc, and was told by the "repo guy" that they probably wont persue me for the ret.... well he got that wrong!!! That was £7000 over 5y, so interest to be added etc... we handed it back a year after we got it, they sold it for £2000, even in immaculate condition, and then are now persuing me for £5600 remaining.. please any advice would be greatly appreciated.

Hi all, A quick recap, we bought a car from Arnold Clark, having major abnormalities in the contract(s) yes plural!! Today we were served a notice from Walker Love, and it reads as if a court hearing has already taken place. I am confused about this as I have not been notified of a court date to attend, also we continue to recieve default notices and threats to cancel the account, even thogh it wa done over a year ago... It would seem that they now have the power to arrest wages etc, unless I pay £5600 within 14 days!! I not only can`t pay that much, but also still want to contest this contract even exists.. I have CCA requested them previous, but have been sent doccuments with no signature, and a doccument later with a signature, but the date scored out and written over.. We believe they have copied it from another doccument.. Please help if you can, can we apply to have this case back to court, or challenge it etc??

Can anyone answer my question?? I am asking.... If a Finance company or DCA apply for a court Order, what is the process for this. I want to try and find out if I will recieve a letter about this, and will I have the chance to negotiate through Court with finance company? The DCA informed me that if they apply for Court Order they will get one without me knowing, and that I will have no oppertunity to attend any hearing? Thanks PS. Post, do you regonise this issue? I sent you all the paperwork in regards to this a while back as you asked, you said you were looking @ it for me. It seems that although this is a botched deal with all kinds of erors, we are still going to get a raw deal.. Please any help is greatly recieved. Regards

Hi Post 1) Its a Conditional Sale Agreement 2)We have not paid more than 1/3. We have paid around £1700 of £7000(dealers price for car, obviously just the price without interest) 3) I`ll just go get the doccuments to double check, but I am certain that both were served under s87(1) of the cca 1974 Cheers

Hi guys, I had a post on here a few weeks back, so you may recongnise these issues. I was wondering if anyone can explain to me how the process of as court order works? I was originally led to believe that if a Finance or Collection company, applied for a Court Order, that I would be given the chance to either attend court, or to put a proposal forward to the finance company?? The Repo company, have said that they are trying to but that if I make it so they do reuqire a court order (i.e. I live in Scotland, and keep the car in garage, or in my driveway) that they only need apply for it, and that I will be none the wiser... And then Baliffs will come to collect the car?? is this correct?? I have decided that even through our contract(?) has a plethora of issues and errors, that we want to try and pay off the arrears, and keep the car. Also if its not too much trouble... I wanted to know if once a default notice has been sent, can they just send another? i.e. We received one a couple of months back, and then a week later another (both with different dates of expirey for the same account, with the same ammount) and now both dates have passed. I have made a token payment to them since this however, and note that they are still adding the £12 late payment charges to the account every month, recieved another today . The account should have defaulted by the end of March twice??.... should this not have stopped, and be replaced with interest, or charges from DCA instead of treating the account as continuing?? I appaulogise in advance if I have been unclear, or have misinformed information. Regards A man in need of some good advice

whats your opinion?

Thanks DX... After speaking to the Collection company who phoned afterwards.:: They said that if we handed back the car they would not try to get anymore money from us, and it would be settled... I think this sounds too good to be true however. They said the finance company want to avoid court, and said that if they did we would have to pay this also. He also said we wouldnt get to GO to court anyway, just that the court would order us to return it, but we wouldnt recieve a letter etc, they would just turn up with it (the court order I mean). I know these guys want to make life easier for themselves, so its probably all smoke and no fire. I`m not sure what to do.... He suggested that we go out an get a new car, and that he will hold of any action untill then, and that way we can get another finance before our credit goes major south!! Does that not sound all too reasonable to you guys, are these guys usually not just up for getting the car, and thats it?? He at first mentioned he could collect at anytime, untill I mentioned that he could NOT unless he broke into my garage!! Then he phoned back with a reasonable offer?? Morally I cant feel at ease, we have not made a payment for over 3 months now since all this, and I dont feel we should have a car for free, but also feel like we have been totally robbed. Trading Standards have looked at it, and the advisor said it looks like the dealer has been doing all he can to repair a sale, but that we will have a hard time proving anything.. So maybe its best to just hand it back, and ask that they send in writing first that, this will be full settlement, and they will not pursue us for any other monies.. . And take from it that ; A) car dealers are cheating buggers(not all I hope) B) that we need to be more wise to what our rights are, and what we are getting involved in.. Sleepless nights, and damaged mental health.... its just money, and just a car afterall... I don`t feel I could take them on really, I am an able individual, but don`t have the knowledge that the guys on here do, and dont want to make matters worse for my partner(its in her name you see), |I love her to pieces, and she only got the car because I asked her too, because my credit was poor... We only ever wanted an unsecured finance, and the dealer knew this.. If I do try to take them on and loose, then I couldnt live with myself, she had perfect credit till she met me, and we fell into difficulty last year... We have been together for 3 years now..I feel totally responable, she is a full time Nurse and always working. I was made reduntant and its only due to my financial sittuation that we are in this mess... Thanks guys, (esp DX for getting back so sharp)

Hi there, Could someone please help us in relation to this. We were out earlier today, and when we got home we had been left a letter, which stated that the collection company wants to repossess car, but as of yet I have had no letter from the Court, in relation of an order to do so. I was wondering if you could advise us of what this means, and whether I have to hand it back, or am I right in saying that as it is on our private propery, they must have a court order?? And would we recieve a letter from the courts in relation to this, or will they apply and be granted without the court first contacting us to negotiate some way of fixing this.. This is such a miscarridge of justice, as they dont have a contract, this is discraceful, and we are a bit affraid..... Please CAGGERS dont forget us, please give us some advice guys. Thanks

Hi all! Thats me now recieved the statement of account, which shows my deposit and my monthly payments etc... I was just wondering if anyone has any advice on what now?? Thanks guys. Jamie

Hi guys... I have had a reply to my letter to PSA finance. The letter is written by hand on a compliments slip, and reads "Please see copy of contract as requested. The statement of account has also been sent to you. This has been sent seperately as it is produced in a different office, Regards xxxx" And then this is stapled to the same 3 page doccument they sent when I asked for it over the phone before. I would add it on, but it is exactly identical to the one posted already, same signature problems etc.. There is only pages 5/12 , 6/12 and 7/12.... There is no terms and conditions pages for example. will be back on in a couple of hours, I still need to load the defaults on here too.... . and to DX, they are for the same account/agreement number, but expire on different days, ie first one is 23rd and the 2nd is the 30th( both in March).... Hope everyone is enjoying the sun..8-) Jamie

Well guys, Il get those Default Notices loaded up tommorow, Ive got an early start tommorow...7am... , my better half is dancing around the livingroom and singing along to Greece, and I cant handle it!!haha. First time Ive ever seen any of it apart from the odd clip here and there, and can advise any man who has not already seen it, NOT TOO:|... just my opinion anyway haha.. . Jamie

I`ll get scanning them in and pop them on. So is it normal practice to issue more than one default for the same ammount, that expire at different times. One on the 23rd and one on the 30th.. Im under the impression that when the default notice time is up, then a default is placed on your credit file? I will also scan in the latest letter, recieved on the 19th of this month. It states our account has been passed over to a collection company, and that we have to phone them before the 21st to tell them where the car is, or they will just call at our home address. I have the car in the garage and will tell them, Court order first if they do turn up. It seems that in this letter they were not interested in taking payment, just getting the car... I suppose with monday being a bank holiday, that they might turn up on tuesday onwards.. Hopefully they dont work weekends or bank holidays. I hate the thought of a scene in our street. Many thanks Jamie

I was wondering if you want me to pop the 2 defaults on also? I have one expires the 23rd March and another for the 29th March, then a good few charge letters... Is this normal practice, more than one default expiration date per account? DX - I wish I had now, and will do from now on... I just got scared and frustrated, we are innocent in this, and really just should have got what we asked for from the car dealer... It just bemuses me where they got this signature from, and a few people have now looked at it, and it just looks odd, the box around it seems to be thicker, and look like its been pasted in.. and the date... dont know whats with that, we were in Inverness on the 09th of June anyway haha, and looking back we were at a weddin on the 18th June, so cant work it out at all.... .But yes, I will start crawling from now on... Ignorance is not bliss, its really a nightmare, and also dangerous!

And to add, you my friend are a LEGEND... I will await your guidence, and shall keep my typing fingers away from letter to PSA finance for the time being!! Its such a relief to know that I can get some advice of someone, its been a difficult time for us, as we just dont know where we stand. Jamie