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About Frazzled2

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  1. Hi everyone I had a car finance with Duncton No 1 which ended around 6 years ago. The monthly payments were £529 a month and I borrowed £19000. I can't remember what the APR was and I can't find any paperwork. Anyway, I always thought the monthly payments were quite high and wondered whether PPI had been added. I called Duncton, who have now changed their name to Moneybarn and they state that they never added PPI to any of the loans they offered. Does anyone know if this is correct? Has anyone ever discovered they had PPI with either Duncton or Moneybarn? Many thanks.
  2. Thanks for all your help on all of this. They have completely backed down. They have 'written off' the debt and are removing the charge from my property. Victory!
  3. Having now received my defence, Blemain have decided to settle and have said that I now do not owe them anything. They also agreed to remove the charge from my property. They drafted a consent order for me to sign so they could send it to the court but it does not state anything other than (a) the court date be vacated and (b) that there should be no order for costs. It doesn't say anything about them writing off the debt. I don't trust that they will do what they say. They insisted that I had to sign it today but I wanted to get some advice first. Should I sign the consent order as it stands?
  4. I filed the defence with the court by emailing and also taking 3 copies there. Blemain's response to the defence is due in a couple of days and their solicitors have just called me to say they haven't received it and that it is my obligation to send it to them. From the Possession Claim Online website, I know the court sent a copy to them on 26 November. The solicitors want me to email them a copy. Should I?
  5. The original sum was £1700. In the 18 months since they withdrew the first claim, it has risen to just over £3000. I don't have a discontinuance letter, just the one from their solicitors saying: "We write to confirm that we have been instructed to vacate the court proceedings". I then wrote to them to say that no settlement had been reached and I received a further letter saying: "We have not requested that the court vacate the matter as the matter has been settled. Our client has requested this in order to allow further negotiations without the need for court proceedings."
  6. Just a quick update - the case went to court last week and the duty solicitor appointed for tried to argue (not very well) that the Blemain should not have been able to bring the case again and that it was an abuse of process. The solicitor for Blemain said that they vacated the previous hearing in order for negotiations to continue - there were no negotiations just costs piling on and the judge did seem a bit confused about the vacating issue. I am now back to where I started in that I now have to serve a fully pleaded defence again. This has to be done in 2 weeks. Can I use abuse of process in my defence? The CPR 38.7 rules doesn't seem to have helped.
  7. So is there a legal difference between a case that 'withdrawn/closed' and a case that is 'discontinued'? CPR 38.7 refers to discontinued rather than closed/withdrawn.
  8. I just contacted the court to ask whether the claimant needed to obtain permission to bring a new claim. They told me that they didn't and that they could re-list the case at any time. The provisions of CPR 38.7 seem quite clear to me, so why doesn't it seem to apply to my case? Any thoughts?
  9. So do I put this in my defence form or could I apply for a strike out under CPR 3.4 (2) (b) I.e. abuse of court process?
  10. Hi everyone I just wanted a quick bit of advice. Blemain Finance issued a claim in 2012 and when the matter went to court and the judge was appalled that they were trying to gain possession of a property for such a small amount (1700) and refused to grant them possession. Instead the judge asked that I file a fully pleaded defence on or and that the claimant file and serve their reply. I filed the defence and in March 2013 I received a letter from the claimant's solicitors saying that they have been instructed to vacate the court proceedings. I called the court to find out why and they said because an agreement had been reached. No agreement between us has ever been reached. I have had a solicitor look over the loan agreement and she said that according to the terms therein, that I should pay £399.00 which I offered to them and they refused. I also received a letter from the court saying: "I can confirm that the court received a letter from the claimant requesting that they wish to withdraw all proceedings. This means that the case is now closed. Please note that you will have to seek legal advice if you are going to issue proceedings against the claimant". I received a further claim form for possession of property from Blemain Finance and I have to attend court soon. I now have to respond to this claim and wanted to know whether I could use the fact that they previously withdrew their case as part of my defence. I know from a previous post that Civil Procedure Rules 38.7 might come into effect. Could I possibly use this rule to help me in my defence also? I would really appreciate any advice you could give me.
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