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About geoff78

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  1. sorry for the delay coming back on, laptop playing up and not sure how long it will last for. the defence was filed on 17th Feb. i thought it should have been stayed sooner than they said but i may have got my dates worked out incorrectly. ive received the sar back and on the modifying agreement it has my exwifes' signature ( although she can't recall having signed it ) and under hers is my name signed in a way i have never used. its also dated 2 weeks after their comms log says the reschedule was approved. the comms log also states that they called me and i agreed to it. I have no recollection of this call, i cannot imagine i would have agreed nearly £7000 being added in interest when the car was only worth around 4,000 at that time.
  2. No, I called them. I did call them a couple of weeks ago but they said there was still a couple of days to go for the solicitor to respond to the defense so to call back in a week or so.
  3. Hi, I've heard from the ccbc that this claim has been stayed, so I guess just have to wait and see what happens next, if anything. Have also sent a reminder that the sar is overdue. Thank you to everyone on here for they're help and a donation is coming on payday.
  4. Hmm, it appears to be working Dx. I certainly feel unsettled at having this. Do you think I should cc a their solicitors or request it again from Cabot, also pointing out that they are listed as the claimant and that it was assigned to them therefore it is their duty to comply with the request? Also their solicitor has already declined to give me what I asked for in my cpr request
  5. Hi Andy, yep that letter on the thread is almost identical to hat which I received. On the claim form from the court it definitely says that Cabot are the claimants and that it was assigned to Cabot from tfc. It only lists their solicitors as acting for them.
  6. You may be right there Oldrouge. I've received a letter from Cabot returning my postal order and telling me that the account is assigned to their solicitors for collection and so cannot action my request. They then ask me to redirect my c c a request to their solicitors who will liaise with me on this matter. I haven't read of this on other threads, does this sound familiar to anyone?
  7. Just thought, if it is a bos involved does that make any difference to the fact that I made a cca request under s79. I've just checked with the post office and although they were received by Cabot, neither postal orders have been cashed nor returned to me.
  8. that sounds hopeful dx. will a bos show up with the sar? i don't remember one being involved, or is it not unheard of for it to be kept quiet?
  9. the only reference to a bos that i can find is in one letter dated 2011. i had fallen into arrears at this time and i received: "Notice of termination and seizure our records indicate that you have not satisfied the notice of default dated ... as such the agreement is terminated and you are now liable for the total balance due under the agreement. you have not paid your rentals when due under the tems of the bill of sale. unless we obtain a satisfactory response from you within 5 days of this letter, under clauses 6 and 7 of the bill of sale, our next action will be to effect the recovery of the vehicle." this is the only mention of a bill of sale. i think the payment had crossed in the post and so they continued taking monthly payments and i kept the car.
  10. Excellent info, thanks DX. will have another play around with the figures later when the house is quiet and see what i can make sense of.
  11. well i spent yesterday going through the loft and found the vehicle order form from the dealer, a gap insurance policy, and a 3 month warranty document. from looking at figures on different forms i have from tfc it looks like everything was added to the car purchase price as there is a zero where it says about insurances purchased. it also says on the dealer paperwork that ppi was wanted, ( although i'm pretty sure they only did it in my exwifes' name so not sure what use that would have been as i was the higher wage earner ) but again no mention of that in the tfc paperwork. not sure if any of this is indicative of anything. really need that SAR to try and piece things together.
  12. good morning all, whilst trawling through old paperwork searching for anything relevant to a separate issue i have, i have found an old black horse finance agreement from 2002. i have no other paperwork relating to it. there is ppi on the agreement and i have detailed on the agreement: the furniture cash price, monthly interest rate, apr, number of monthly repayments and amount of each payment. However there isn't any breakdown of the monthly payment although i'm assuming i can work that out from the other figures on the agreement ( although i haven't been able to work out the correct formula yet ). Although the box is ticked for requesting the payment protection plan and explains it is optional, i know the salesman told me that i had a better chance of getting the finance if i took the ppi ( this was my first significant purchase when i moved out of my parents ). I guess i need to SAR Black Horse although i don't hold out much hope of them having anything after this long. i was just wondering what you think my chances of success would be? the ppi was never claimed on and the finance was repaid.
  13. Good Afternoon all, quick update - defence filed and sar on way. I'm assuming that even though it was a joint account my ex wife will also need to send one. Again thank you to everyone for their help.
  14. thanks DX. i have got a letter from tfc from a few years back that mentions a bill of sale, i thought that it was just an error though. ill start reading up on it now.
  15. thanks again DX, sorry so late replying - its been a long day at work. Particulars of Claim 1.The claimant claims payment of the overdue balance defendant(s) under a contract between the defendant(s) and the funding corporation dated on or about Sep 20 2007 and assigned to the claimant on Nov 13 2015 What is the value of the claim? default balance £10200 post refri cr (? not sure what this is ) nil + court fees and costs 554.50 = £10754.50 here's my defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and a Section 79 request. 3. I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of breach and service of a Default Notice; © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. On receipt of this claim I requested by way of a CPR 31.14 request and a section 79 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have declined to comply with my section 79 request and remain in default and with regards to my CPR 31.14 request. Therefore the claimant, in their non compliance to my requests, have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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