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  1. Reading this very quickly, regardless of amount paid if they repo'd off private property then they are in trouble. With or without a court order a repo agent has no exemption to the law of trespass - only a bailiff (in this case executing a Return of Goods Order by way of a warrant of delivery) would have an exemption. I'd also hit Marlin with the SAR - they've had the debt assigned so have assumed the responsiblities of the creditor. If it helps pm me - I can see their offices from mine and will aim the paper aeroplane through the window!!
  2. Absolutely right - only a Court Bailiff with a Warrant of Delivery can forcefully take the car from private property. You could always make an application to the Court to vary the instalment order and explain how you thought it had been calculated. It is possible they are entitled to claim interest, provided that they are in compliance with the CCA (regular statements of account and the agreement stating that they can post judgment etc).
  3. Oh dear oh dear...off the driveway, i.e. trespass. Co-erced into a Repo situation (so not voluntary and even better if you've recorded conversations. Looks like you could really cause Mercedes some grief. Let me know if you need a hand with anything.
  4. Beach When you say the agreement was £100 over £25000 was that just for the car finance or were there other things bolted on? Did you have a deposit/part exchange and was this accounted for properly? Where was the car repossessed from (i.e. road or driveway?)
  5. Hi Roxy. Might be worth starting a new post (or moving these posts to a new post). Interestingly enough the Judge acted out of jurisdiction as (s)he can't move the contractual date for the instalment. However, I can't imagine it being appealed. More importantly you need to sort out how much you can actually pay. Has the matter been to Court before? Noticed you refer to an eviction date. You may be able to apply to vary the Order, to allow for a longer repayment plan. MM
  6. Bobby - it sounds like the Bailiff has clamped/removed on the basis of there being a warrant. However, they can only levy distress against the debtor - if you genuinely own the vehicle they can't levy distress against your goods. Can you post up more details? Who was the bailiff company concerned. How did you acquire the vehicle?
  7. When is your contractual date Pat...strictly speaking the Court can't alter the date.
  8. I'd push home ALL of the issues that you have and then ask whether the Judge would consider adjourning the matter on terms that you pay the CMI (current monthly instalment) promptly on the due date and clear the arrears at the rate of £70 per month, first payment on or before the...... Also, you could ask that costs not be allowed in the matter given all the issues you have raised. There is a general indemnity in the conditions that would allow them to hit you account with the fees, but the Judge can overrule this if appropriate. MM
  9. I'm reading this through, and to be honest Pat if you are making an offer - and draw all Capstone's failure to comply with the Pre-Action Protocol to the Court's attention, ask for the claim to be adjourned on terms that you pay the current instalment plus £x per month. The Judge can do this and that way all the time you are paying then nothing more can happen - and you don't have a possession order, suspended or otherwise. Worth a go!!
  10. What I would stress to the Court when you show the log and the "altered" log, is how can the Court trust any documentation that the Claimant has produced given the clear alteration of one of the key parts. Remember the Court will decide on the balance of probabilities, not beyond reasonable doubt. You'll be fine I'm sure!
  11. Do you need a solicitor to represent you? Have a good read on here, and with the assistance of people on here you should be armed with the knowledge to go to Court and speak yourself. If it helps I can explain what happens at Court. It is definitely worth attending tho!! MM
  12. When you're at court the Representative from the Mortgage Company should hand you a N123 Pre Action Protocol Checklist which details (or should detail) everything the lender has done to comply with the PAP. Question it, in chambers if necessary, as Judge's tend to be quite keen to also challenge this checklist. Make sure the attempts to contact that they have listed tie up with yours. Also, check the particulars of claim in conjunction with the Civil Procedure Rules to make sure there are no technicalities which could stall their possession claim. If you need a hand with this just shout. HTH MM
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