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mummyemma

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  1. ok can do that, I am assuming then I cant claim back from when I started and can only claim for last 6 years ie up to 2002? in my orginal was claiming for 2001??? Also do I just need to do the LBA or the whole lot again? I take it then it makes no difference that the banks have acknowldged my letters and have responded saying everything is on hold until the test case is sorted (they have been in reg comminucation with me) Thanks and sorry for all the questions
  2. A while ago I did all the stuff for claiming for bank charges bar actually logging a claim via the courts as I did not have the money to do it. I now do, now the banks have been keeping me updated with the standard letters re all the action. Can I just file a court claim or do I have to start again Thanks
  3. Thanks for thank. I will try to be polite but as this has been going on for a long time am starting to get a little annoyed. I will gte someone to read my letter to check not impolite Thanks
  4. Will write them a letter today and tell them what I want. Am i in my right to recommence action against them if they dont do what I want??? Thanks for your help
  5. The problem is that on my credit file it shows that I still owe them over £2500 which is not true cause it was agreed we would both drop the case. Sorry i probably wasnt clear. I just want it all marked as statisfied I dont care so much about the default but I would like that gone to Thanks
  6. We have a letter from the court thats say they agreed to drop the case each bearing own cost. Thats all Thanks
  7. Sorry this may be long. Quick overview we had a car with yes car credit which we handed back to them as was our right under our agreewment after half the term. Now yes car then chased us for outsanding PPI they took us to court and judge ruled that they needed to provide more information. So we took them to court for mis selling us the PPI now before it got to the court stage we both agreed that we would withdraw action and cover our own cost and they would remove all information from our credit file. Now nearly a year on they still havent done this despite us asking serveral times on the telephone and them saying this will be done. Not only that they have registered a defualt against us and then sold it onto a DCA hillsden who have also registered a default against us. Now they are not chasing us for money but I want the defaults removed as they are incorrect and they have broken their agreement. I know I need to write a letter and I am wondering if I can take court action against them but I have no idea where to start and who to ask for help. Any help would be gratefully recieved.
  8. Many thanks for all that. Direct Auto is the trading name for Yes car (sorry my mistake). I shall ring the court and ask where we stand and see if they can help. The judge did grant direct auto permission to refile their claim with correct particulars of claim within 2 months which they have done just. But they did this after they had sold the debt on. So will see what the court says either way if I end up in court again that letter stating they have sold the debt on will be coming with me. Thanks
  9. We believe we were mis sold it on a few counts. 1. My husband was only on probabtion employment at time of taking on the finance which we can prove and they knew about. Before that he was only doing temping work. He did not get a premenant contract until 5 months later. 2. We were told we must have the insurance or no car. 3. We did not have the insurances explained to us, told they were optional. 4. We have never recieved any paper work for the insurance. Any help would be gratefully reieved as I have to put in a defence by the 20th and we intend to counterclaim at the same time. Not sure if it helps but when we saw the judge in April her words to us were if they refile which they did they we MUST defend ourselves again. She was not impressed by yes car at all and her words were the contract was unfair. Oh and not sure if it helps but yes car are now saying the agreement was infact 2 seperate agreements but they are on the same bit of paper Many thanks
  10. The name on the court claim is Direct Auto
  11. They have passed the debt to Direct Legal and collections. Basically we returned a car to them over a year agao and they are chasing us for the outstanding insurances. In court last time they hadnt filed the correct particulars of claims and were a joke and the judge laugh at them. She gave them 2 months to refile the correct particulars which they have. Now we maintain that these insurances have been mis sold and that is our defence and we are this time putting in a counterclaim for the insurances. I did wonder about doing a CCA to DLC but as of yet I have no communication from them. According to the letter I had today direct auto sold the debt to them on 8th June but on the 18th June diect auto filed the particulars and I have a letter that states it is direct auto filing the new particulars. So my question is is direct auto now committing fraud as they are trying to collect a debt they dont owe??? Its all very confusing Thanks
  12. We are having an ongoing battle with yes car credit which has resulted with us in court once and the judge throwing the case out in our favour. They have since refiled court action which is fine cause we are happy to defend. Anyway today we recieved a letter from yes car stating they have sold the debt on to a different company serveral days before they filed the new court action. Now the new company have doubled the amount they want which I know for def is not right, but my question is I have to have a defence in my the end of next week do I carry on as normal and wait to see what happens or because the company who filed the court action now dont own the debt is that they end of the case. Any ideas or suggestions these people are giving me a headache and at 30weeks pg I dont need it Many thanks
  13. Thank you all, I was going to file this week, but my husband Grandfather has just passed away so been tied up with that so on my to do list next week.
  14. A few months ago we appeared in court against yes car and their lovely PPI. Basically we had a car which we VT and they said we still owed them the ppi. The case got thrown out by the judge as the particulars of claim were incorrect. She gave them 2 months to refile them and the process would start again. Yesterday I recieved a letter from what was GOLDs with ammendent particulars of claim. Now I havent recieved new court documents yet, guess they are on the way. But the letter confuses me a little cause doesnt actually say what we did wrong. It states we VT the car as allowed in our agreement, and it states that we had the outstanding insurances to pay but it doesnt actually state we broke any agreement with them. Please note we knew nothing of paying back these insurances until court papers turned up on the doorstep. Now I know I need to wait for the court papers and when we do the judge told us we must defend and was saying things about FSA or something along those lines. But to be honest am I wasting my time and should I just pay them?? We believe we were mis-sold these insurances on 2 counts 1 my husband job at the time was only probabtionary and before that he had been temping (which we can prove) and 2 were told we had to have the insurnaces or we cpouldnt have the car. My husband wants to put in a counter claim. Im 6m pregnant and really dont want the hassle of all of this but I dont have the money to pay them. I have an appointment to see a solictior soon but I wonder if anyone here can please please please help. I have spoken to consumer direct who said we have a claim for mis-representation but at some point I am going to have to write a defence and I dont have a clue. I would really be grateful for any help. Oh I dont know if this helps but we never recieved any insurance documents from yes car Many thanks Emma
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