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Everything posted by Markiemark1

  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
  13. I popped a similar post on earlier - but on a different thread. Check you household insurance policy to see if you have legal helpline or legal expenses cover? THey might well be able to help!!! HTH MM
  14. Most finance companies will send their repo agent along with a copy of the Order in the hope that you will surrender the vehicle or that it is on the road and they can uplift. However, as has been said, if it is on private property the vehicle cannot be removed except by a Court bailiff executing a Warrant of Delivery. By virtue of his position a bailiff is exempt from the usual rules regarding trespass if he is executing a warrant. Of course, most people don't know their rights, hence this practice has expanded and expanded. Have you now filed the N244 and if so has a hearing date been set? MM
  15. Have a browse through for a defence template and go from there. If you get stuck pm and I'll email one later today or tomorrow for you to use. Defence seems ok, although could do with some more meat on the bone. When's the hearing? MM
  16. I'd fill out the questionnaire, (though may be worth checking the questions and answers via someone on here before sending!). Also, a thought on insurance...many people have legal cover including on their house insurance policy or at least a 24/7 legal helpline. Why not give them a bell and see if they will help? I've certainly never heard of a finance company being able to recover the value of the car from the third party's insurer before! HTH MM
  17. There is lots of confusion about SIA licences and clamping. You need to be licenced by the SIA if you clamp vehicles that are parked on private land and charge a release fee. You do not need a licence to clamp if you are a bailiff executing a warrant. You are not charging a release fee, you are executing a warrant. By levying distress the bailiff has seized the vehicle into the custody of the law, so it may be difficult to remove items from the vehicle (VEL excluded). In terms of the V5 etc - the police won't "make" you do anything. If the bailiff manages to convince the police to attend (he'll be lucky!) then they will be there purely to prevent a breach of the peace. HTH MM
  18. Just to clarify, although a Court normally likes to have the monthly payment plus something off of the arrears, the Court does have the power to extend the agreement etc....it can hear an application for a time order under Section 129 of the CCA 74 as part of the Return of Goods Hearing. Hope that helps. MM
  19. OK, you need to be relying on the "Innocent Purchaser" part of the Hire Purchase Act 1964. Not going to be hugely easy with no receipt. Don't worry about not having HPI'd the vehicle. Whilst that would have alerted you to finance, you're only expected to know about this if you have a connection with the motor trade. What you have to prove is that you got "good title", and if you bought from a "dealer" then title will have been acquired. Just a case of proving it. The finance company need to go after the dealer for conversion.
  20. Well from what I can see you have every chance. The repossession from your driveway for one thing - tort of trespass committed and you could have claimed damages for this, not to mention the lack of returning of your goods. I'd love to be a fly on the wall when you show them their own log pointing out vehicle on driveway - my experiences with Duncton are that they are very cavalier with regard to repossession from the driveway!!! Also, it may be worth drawing attention to the missing page 3 at the Court. I assisted on a case in Hastings early this year where the willful failure of Natwest to supply a document when ordered to by the court led to the Court making an order striking out the claim! MM
  21. I would suggest that if PPI has been missold, charges applied that could be unfair and potentially an unenforceable agreement these should be the backbone of the defence. The fact is that just trying to agree a payment plan that they haven't accepted is not a defence - you are in breach of contract. The illegal repossession is questionable too - they didn't repo, but they did try to encourage you to surrender the vehicle, although no doubt would not have advised you of you rights to apply under Section 129 of the CCA for a time order. In order to get a suspended ROG order then you need to issue for a return of goods order, hence why they've gone down this route. Are you able to post up a copy of the agreement with the necessary personal info blanked out. It may be that with a bit of forcefulness you can get them to back down. Hope that helps MM
  22. Depends where the vehicle was repossessed from, and whether the Agreement was regulated by the Consumer Credit Act.
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