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Octoberone

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About Octoberone

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  1. He certainly has done a sterling job - there will be a donation to the pot on bonus day at the end of the month!
  2. Para 4 re-tweaked 1 An Agreement was entered into on 23 June 2015 between me and the Claimant 2 Unless redeemed prior to the maturity date 3 I am of the opinion that the Claimant contravened Principle 6 and clauses 7.3.3 and 7.3.4 of CONC (hereinafter referred to as “the Act”) when repossessing the vehicle from me in that they did not assist me at all during my financial difficulties, made numerous demands in an underhand and threatening manner ultimately leaving me duped me in the belief that I had no choice than to submit to voluntary surrender leaving them clear to claim for the full cost of the Agreement When I spoke with the Claimant’s collections department following the first default I offered to pay the missing instalment by way of an additional premium each month on top of the monthly sum. I was advised that this arrangement would only be considered if I had become unable to work due to ill health or unemployment and that a relationship breakdown was no excuse as I was in full time employment. Any attempt to explain my circumstances (which included dealing with my former’s partner’s mental health condition which affected his attitude to contributing to our living expenses) was met with a complete lack of empathy and I was advised I had no choice other than to pay in full. The Claimant’s agents then persisted in making calls several times per day in an attempt to extract the full payment from me which caused me undue stress and anxiety. At a later stage my employer attempted to mediate on my behalf in an attempt to halt any repossession proceedings. She offered to settle the arrears and deduct the continuing monthly instalments from my salary at source. The Claimant’s staff member had no respect for her integrity as a lawyer and I consider that the wilful refusal to accept her proposal breached clauses 7.3.8 and 7.3.9 of the Act. I was instead told that should I surrender the vehicle voluntarily I would not be charged for the collection otherwise I would be “tracked down” and pay all associated costs when caught. 4 The Claimant breached the Consumer Credit Act 1974 (hereinafter called “the CCA”) as they failed to advise me of my rights when telling me that I should surrender the vehicle voluntarily. At no time was the word “termination” used by the Claimant and neither my employer or I were at any time informed that if I was to offer a “voluntary termination” of the Agreement that 50% of the outstanding balance would be waived from the total sum due and owing. By pursuing this course of action the Claimant duped me into ensuring that they would be in a position to maximise their claim. I agreed that I would surrender the vehicle to the Claimant’s collection agent as I wished to incur no further expense and I was assured by the Claimant that the recovery fee would be waived. The Court will see from the document dated 29 June 2016 that this was not the case and a recovery fee of £225 was added to my account 5 In addition to the recovery fee I am of the belief that the DD failure fees and auction fee have been incurred as unlawful penalties under the Act by the Claimant. By disposing of the vehicle at auction at an undervalue I do not believe that the Claimant acted in my best interests. As the original sum of the loan was £6,220.00 I would argue that if any sum at all remains outstanding it amounts to £1,474.02 representing the balance remaining out of the original loan once the sale proceeds and monthly instalments have been applied to my account. This sum does not take into account the penalties totalling £353.50 applied which would reduce the sum in question further to £1,120.52.
  3. Ok - the acknowledgement of service was sent a couple of weeks ago by email and a receipt obtained. Just need to plan my defence
  4. I have just tried the link but it takes me no where - is it currently being updated?
  5. Many thanks - so if I do an N9 and let you have a look I should be able to email it over like I did the acknowledgement?
  6. I let them take the car willingly as they threatened me with huge inflated collection fees otherwise. I really cannot bear to contact them - they are without a doubt the rudest people who shout over you like you are something on your foot. How would I apply for mediation or anything else? Is this where the N9 comes in? I am just so stressed out by this on top of other crap I don't know what I am doing
  7. Hi there Having looked through my paperwork I have found a copy of the original Agreement, welcome letter dated 23 June 2015, statement of 22 March 2016 (when it all really started to go pear shaped) and a copy of a letter dated 29 June after they had repossessed. Copies are attached As their own litigation department are dealing with this do I need to do a S73? Thanks again Sorry I meant to say do I still need to do SAR, CPA and CPR 31.14? docs1.pdf
  8. I have forwarded an AOS and got a receipt. What do I do next? Thanks for help so far I am so grateful
  9. I dont appear to have a defence pack password. Is this because it was physically issued and not done online. In that case do I have to send back the AOS or can I still do it online somehow?
  10. Answer - I was in the first year and hadn't paid more than a third can you tell us about the repo please - Answer: Moneybarn arranged it during the conversation with my boss or didn't they tell you that? Answer: I was given two options - I advised them where they could collect it or I said nothing and they would find it and charge me more for the collection have you the original agreement still too please? Answer: I attach a statement from June 2016 together with the receipted invoice from when I collected the car. I shall have to have a look to see if the original agreement is around MB statement.pdf hippo delivery.pdf
  11. Name of Claimant: MoneyBarn. Date of Claim 2nd may acknowledge by - 20th may defence due by 4pm 2nd june Particulars of claim: 1. The Claimant entered into a Conditional Sale Agreement Regulated by the consumer credit Act 1974 with the Defendant Numbered XXXXX on 23 June 2015 for the Conditional Sale of a Toyota Aygo Fire (a/c) hatchback 5d Reg *****full details of which have been supplied to the Defendant 2 The date of maturity of the Agreement is 22 June 2020 3 The Defendant failed to make the repayments required. The CLaimant served Default Notice which was not remedied therefore the Defendant terminated the Agreement and reposessed the vehicle 4 Total rentals payable £12580.26 plus any extra charges Total sum paid £1756.98 Sale proceeds £3000 Total sum outstanding is £8176.78 including extra charges full details of which have been supplied to the Defendant 5 The CLaimant claims (i) the sum of £8,176.78 (ii) interest pursuant to the Agreement at the rate of 36.4% from 22 June 2020 the date of Maturity of the Agreement until full repayment. Interest to date hereof is £0.00 (iii) costs What is the value of the claim? Answer: £8631.76 (includes costs of £455) Is the claim for a current (Overdraft) or credit card /loan or catalogue or mobile phone account? Car Finance When did you enter into the original agreement before or after 2007? 1 July 2015 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. It is the original lender Were you aware the account had been assigned – did you receive a Notice of Assignment? it has not been assigned Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? My relationship broke down and I was left with debts my former had incurred. As I was working Moneybarn refused to roll the original arrears into my payments and wanted double payments which I couldnt afford. When my boss offered to deduct the repayments at source to ensure continuity they refused and wanted to repossess instead. What was the date of your last payment?: Around June 2016 Was there a dispute with the original creditor that remains unresolved? we tried to reach a resolution (when my boss intervened) but they were rude and aggressive. Not easy to negotiate with
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