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Everything posted by debt_mountain

  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.
  15. Are they not going after you for costs to date or have they agreed to let you drop it? You need to be careful when stopping a case after it has started.
  16. Thanks for the replies so far, I have never received a replacement agreement and how could they is my signature in on a form and in the space they should sign is filled by the garage? They would need to counter sign it maybe? But anyway in the 4 years I never got a replacement. the signing happened in 2004 and I have not paid the full amount due. Almost all (60%) of the amount now outstanding is made up from unlawful charges. I had not made a payment for about 3 months with only 6 months left running, they allegedly defaults me and terminated the agreement (but I never received anything) . They have now issued proceedings against me through the courts. I guess they expect me to do nothing, boy are they wrong. the whole of CAG are helping me. I am planning a counter claim due to the charges plus they have as yet failed to supply my CCA within the last 4 weeks. They raised the court papers while the debt was in dispute and the CCA was and still is in default 4 weeks have passed. I intend sitting in court with them. They will now have to explain why they have raised proceesings on 1 - a disputed debt (depends what they send before the hearing) 2 - default of CCA (depends what they send before the hearing) 3 - not having properly executed agreement 4 - loads of unlawful charges 5 - the Debtor Creditor Supplier authorisation 6 - the SAR has not yet been supplied 7 - sharing my personal information without consent 8 - apr on the form not interest rate (depends what they send before the hearing) 9 - When signing they never supplied me the T/C along with the form, the saleman just said sing here and here's your keys.
  17. thanks for the reply, you said DCS type , can you tell me what this stands for? So from the paper work I have There is a faxed 1 sheet that I was given, this was signed by both me and him (garage), but this 1 page (which was page 1 of 3) we signed was part of a 10 page faxed document. I guess the other 7 pages may have been instructions to the garage and authority. I only got to see the 1 page document and only got given this 1 page away with me. The signatures are dated the date the car was collected and if the OC signed it then their signature would have to have been a faxed version as the doc would have had to have been faxed back to them to get it back on the same date. The OC has so far failed (3 weeks) to provide the CCA but if they do I will be asking for the authorisation to the garage. The agreement also states an APR but no interest rate.
  18. I signed a CCA in a garage office but the salesman who signed it for the lender said he had never used this company before. Do they need to have some form of power to do this? Some sort of authority from the lender? can they sign any old CCA they want.Does this do anything to the agreement itself?
  19. what have you done now? I am about to file the court papers today for Citi PPI.
  20. I have read your thread and it is inspiring. My hat is off to you my friend. And am sub'd to it for insperation. I got a letter from them confirming receipt of the complaint, sar and cca
  21. Checked the paper wor and credit file and they have defaulted the full amount including charges. So can you point me to more info on pushing this full thing as not enforceable. Why it cab be made not enforceable. This gets better by the minute. I have also remembered that after a couple of months arrears I called and made an arrangement withthem. Then about an hour later they called back and said the arrangement had just been cancelled. These people really are unhelpful.
  22. thanks folks. I will need to dig out the last letter and see what amount they stated. I will check what my credit file says too. Rory. does the fact I signed the form in England in the garage make any difference? do the t/cs have to state it is scottish law if resident in scotland?
  23. CAR2403: they are claiming 4k for a debt that should only be about 1.5k all due to unlawful charges added to the account. i do not dispute the debt but I do dispute these charges and intend working them hard before I pay them another penny. They have treated me like .... well rubbish so I am not going to make this easy for them.
  24. I sent a letter disputing the debt, asking for the CCA include the quid and asked for the SAR included the tenner. sent recorded. just have to wait now. I only have a single sheet of the agreement that was faxed to garage for signing and never got to view the other documents. the agreement say i have to refer to page 4 para 4.i for the dpa stuff. I never saw the t/c when i signed. I even thin that the person who signed was the garage salesman, who said they had never dealt with this firm before. Can they do this? do they not need to have written proof/authority to sign on behalf of the creditor?
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