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debt_mountain

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  1. Hi, am helping a friend with this crowd. We have collected some of the paperwork from LBL and here is what we have a sale agreement that refers to t&C that were not provided at the time of signing an hp agreement not detailing any commission for the agent. an incorrect default and termination demand a hugh interest rate hp agreement saying regulated by CCA 1974 but signed in 2009 paperwork shows Nine Regions Ltd ("Logbook") My friend is happy to pay back what was originally given but feels stronly about paying back anything else. What is our best line of a defence? have there been other successes in Scotland. They have tried to take the car but failed and they should also have got a court order which they didn't. Thanks Let me know if there is more info anyone would liek that would help understand our case. No logbook was ever handed over to LBL.
  2. folks, I am helping afreind fight these people. Does the BoS angle work for Scotland too. The paperwork was raised and signe din Scotland but the CCA states English law. Do I send my friends request to the same address for the sealed BoS? Thanks and I will be back for more help soon. DM
  3. thanks Monty2007. There were no clauses for changing the start date and I did hand in my notice at my new job. I will take advice thanks again
  4. I signed a contract to start next monday and today was told they didnt need me til start of May. Can I claim anything from them? I have handed in my notice with current employer and they will not let me stay 2 months longer. There is a 1 month notice in the contract, should they atleast pay me that and make me redundant before I officially start. The downturn is being used as the excuse and they have recently paid off 60 staff and gone to a 4 day week. I am in Scotland if that makes a difference. thanks
  5. I have only partially paid the decree. Will get a solicitor onto it. thanks
  6. it was ordinary cause even though it was a standard CCA claim and less than the small claims limit. it was 7 months ago. you also said "Note however that any diligence already executed is not recalled. " can you help me understand what this means? thanks
  7. excellent, I will get onto this tomorrow. Thankyou very much.
  8. I have done a search but cant find the answer. I have a company that has a decree on me for a car loan. Can I have this overturned/set aside as there are charges on the amount they are claiming? What is the process for doing this. Thanks in advance?
  9. Here is the Particulars they have put in the claim form.....don't look too hot to me. I am in court tomorrow, can someone give me some pointers on shooting them down over the lack of information in the form. " 1. The defender resides at the address as stated in the instance which is within the territory of this court and has been so resident for more than three months immediately prior to the raising of this action and is domiciled there. This court accordingly has jurisdiction. To the knowledge of the pursuer no proceedings are pending before any other court involving the present cause of action between the parties hereto nor is there any agreement between the parties prorogating jurisdiction over the subject matter of the present cause to another court. The nature and circumstances of the defender's residence are that he has a substantial connection with Scotland. 2. On or around 14/4/04 the pursuers on the instructions of the defender supplied goods and services in the form of *** MY CAR DETAILS***at a total cost of £3500 There is a balance outstanding of £3500 which is the sum sued for. The pursuers have made repeated requests to the defender for payment but the defender has refused or at least delaed to make payment and this action is therefore rendered necessary." You will see they are saying that the car only cost £3500 when I got it 4 years ago, it was actually £13,000 yet another mistake. yip that's all folks!!!!!!!!!!!
  10. Cheers BigMac. Much appreciated. I will update my thread as the days pass. They have been in contact twice now and are currently having their solicitors see what should be done. The last time to give an update on supplying me the info for the CCA and SAR, but they have been told it all has to go through their solicitors. My take on this claim is that they expect most people would bury their heads in the sand and hope the court case disappears. But thanks to CAG we know differently.By default they would then get to claim back everything they can plus the legal costs for doing so. Thus the consumer has to pay up of have some form of arrestment put in place. I bet in 80% of cases that is how it goes, so in their eyes worth a shot..... The last thing the plan for is someone with CAG behind them. Option 3 it is .... lets see what they throw at me.
  11. Well, I seam to have their attention now. I got a call within 2 hours of the counter claim being emailed and they are a little concerned about its contents and the items I have listed. They intend calling back today once they have reviewed if further. they even talked about asking the solicitors to have the hearing delayed.....hahahahahahaha Lets see what they throw at me. The last point in my previous post really has them thinking "there is 1 other thing that I have on them but that is an off the record item as it is currently new and as yet untested.". Can't wait until I can discuss it in more detail.
  12. update: Posted papers to the court today and prelim will be next week. to date they have -failed to supply the CCA - in default now. -failed to provide the S.A.R - (Subject Access Request) - £300 damages requested in counterclaim -80% of the amount they are claiming is actually charges going by my calculations. -signature for man in garage was not an authorised signatory from the finance company. - no t/c attahced to form when I signed - mis use of my debit card as payment taken without my concent. they had kept card detailed on their system after me telling them no. - no default notices ever sent - no termination notice ever sent - default amount is wildly wrong - as agreement is alegedly terminated how can they still share my info. - statutory notice to desist was ignored - court papers are claiming the original agreement was for the wrong amount. i am sure there is more but can't remember. I emailed a copy of the counter claim to the solicitors too, so lets see if they contact me before the prelim. there is 1 other thing that I have on them but that is an off the record item as it is currently new and as yet untested.
  13. forgot to say, have you checked your credit file, if they have reported a default and that figure includes charges you should tell them to remove it as it is inaccurate.
  14. From my experience with Nolans they will just ignore the debt being in dispute, but the court dates are about 6 - 8 weeks after the date they raise the paper, so plenty time to get the info you need. I would go for the stay awaiting the outcome of the OFT and as long as you have CCAd and SARd them you have done all you can.
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