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Everything posted by Markiemark1

  1. Just to clarify, there is little you can do about Hamlin's charges as there will be an indemnity within the mortgage contract allowing them to debit your mortgage account with their costs. There is case law backing up this. Sorry!! Mark
  2. So you haven't signed anything to voluntarily surrender the vehicle back to them. Where was the vehicle when they recovered it?
  3. If anything the law is even tougher in Scotland than here...although practically there's no difference. Go for it I think!!
  4. Sorry I missed this. Been a busy time with law exams etc. However, so far this is going absolutely brilliantly. I'd send a letter before action to the creditor citing S90 of the Consumer Credit Act and explaining how they've repossessed the car illegally given that they've taken it off the driveway and how you've paid more than one third. They've also trespassed so you could seek damages for the tort of trespass (go high and negotiate!). If they don't pay up (and it's unlikely!) then issue proceedings! We'll be here to help! Mark
  5. When you state it was a secured loan, I presume that you signed a charge as a personal guarantee, i.e it's an all monies charge mortgage over your property?
  6. If it's a hire purchase or conditional sale agreement and you've paid less than a third of the total amount payable, and a Default Notice has been served and not complied with, then they can repossess the vehicle without a court order. Be worth keeping the vehicle well away for now. Has the reclaim company said they are going for charges paid, or seeking a remedy based on the fact the entire agreement is unenforceable? Mark
  7. Their Particulars of claim state at paragraph 4, "The claimant was one of the original parties to the agreement. The Civil Procedure Rules state that the particulars must "state the parties to the agreement". Might be enough to get it chucked! Mark
  8. Section 129(2)(a) is the bit that allows the Court to make an order allowing you to pay according to your means and what it feels is reasonable!
  9. Some issues to raise with the particulars of claim, apart from the interest quoted. My copy of the Civil Procedure Rules states that the parties to the agreement should be stated and they do not appear to be on your particulars - just says the claimant is a party. Secondly there is no number or identification of the agreement. I'd raise the whole lot if I were you, and if the Judge asks its CPR PD 7B para 7 that I'm referring to. The Judge may, if he or she is in fussy mood (hopefully) adjourn the hearing. However, as a compromise you might like to suggest an order along the following lines: 1) The Defendant to return the good described in the Particulars of Claim forthwith. 2) The above order to be suspended upon terms that the Defendant do pay reduced monthly instalmens of £250 per month. 3) the amount payable under the Agreement not to be increased as a result of this Order. Claimant may however extend the agreement to recover all monies due. 4) Money Judgment in the sum of £22025.50 not to be enforced whilst the Order remains suspended. 5) Fixed costs in the sum of £x to be added to the judgment debt. I'll PM you as well. I'm gonna have to kip in a moment, but I'll be up reasonably early. Hope that helps Mark
  10. OK - here's the section of the Consumer Credit Act 1974 that applies to offering time to pay! Extension of time 129.—(1) If it appears to the court just to do so— (a) on an application for an enforcement order; or (b) on an application made by a debtor or hirer under this paragraph after service on him of— (i) a default notice, or (ii) a notice under section 76(1) or 98(1); or © in an action brought by a creditor or owner to enforce a regulated agreement or any security, or recover possession of any goods or land to which a regulated agreement relates, the court may make an order under this section (a " time order "). (2) A time order shall provide for one or both of the following, as the court considers just— (a) the payment by the debtor or hirer or any surety of any sum owed under a regulated agreement or a security by such instalments, payable at such times, as the court, having regard to the means of the debtor or hirer and any surety, considers reasonable; (b) the remedying by the debtor or hirer of any breach of a regulated agreement (other than non-payment of money) within such period as the court may specify.. 130.—(1) Where in accordance with rules of court an offer to pay any sum by instalments is made by the debtor or hirer and accepted by the creditor or owner, the court may in accordance with rules of court make a time order under section 129(2) (a) giving effect to the offer without hearing evidence of means. (2) In the case of a hire-purchase or conditional sale agreement only, a time order under section 129(2)(a) may deal with sums which, although not payable by the debtor at the time the order is made, would if the agreement continued in force become payable under it subsequently. 69 (3) A time order under section 129(2)(a) shall not be made where the regulated agreement is secured by a pledge if, by virtue of regulations made under section 76(5), 87(4) or 98(5), service of a notice is not necessary for enforcement of the pledge. (4) Where, following the making of a time order in relation to a regulated hirepurchase or conditional sale agreement or a regulated consumer hire agreement, the debtor or hirer is in possession of the goods, he shall be treated (except in the case of a debtor to whom the creditor’s title has passed) as a bailee or (in Scotland) a custodian of the goods under the terms of the agreement, notwithstanding that the agreement has been terminated. (5) Without prejudice to anything done by the creditor or owner before the commencement of the period specified in a time order made under section 129(2)(b) (“ the relevant period “),— (a) he shall not while the relevant period subsists take in relation to the agreement any action such as is mentioned in section 87(1); (b) where— (i) a provision of the agreement (“ the secondary provision”) becomes operative only on breach of another provision of the agreement (“ the primary provision”), and (ii) the time order provides for the remedying of such a breach of the primary provision within the relevant period, he shall not treat the secondary provision as operative before the end of that period; © if while the relevant period subsists the breach to which the order relates is remedied it shall be treated as not having occurred. (6) On the application of any person affected by a time order, the court may vary or revoke the order.
  11. Unfortunately the agreement does look compliant, as indeed I would expect as was made after April 2007. Give us a mo and I'll post up the bits I have on Time Orders.
  12. presumably the reg no is shown on the agreement?
  13. Hello, so the hearing is tomorrow. OK, go to court, explain the circumstances to the Judge and ask him to make a time order allowing you to pay £250 per month. It is a bit presumptious of Duncton to say they will collect the car. What the court will do if they won't give you time to pay is to make an order for delivery up of the vehicle. If you don't surrender it the County Court Rules state that the order should be enforced by the issue of a warrant of delivery (not sending the bully boys who have no right to access your property should the car be on the driveway etc etc). Have you ever had a termination notice - as I notice that the particulars of claim don't mention this. If not, I would raise that with the Court as without a termination notice they cannot get the order. I will try to go through the agreement now! Mark
  14. Has your husband applied for Job Seeker's Allowance, as if so he should also apply for Support for Mortgage Interest (as they are calling it now!). This should help with getting the interest payments made. Hope that helps Mark
  15. Oh hun, can't be that bad!! You could always be spending a sunny Sunday afternoon going through S127(3) of the CCA 1974 in minute detail!! Wot a life! Mark
  16. Actually yes, you're right...I've just been reading the agreement through thoroughly and the contractual rate is 27.6% so their pleadings are incorrect. Did you receive the defence forms. You could make a time order application which will allow the judge to effectively reopen the agreement and order you to pay £250 per month. Sorry it's taken a little while to come back to you. I am devising a spreadsheet to make sure agreements are compliant with the CCA. Mark
  17. Hi Good old Ross & Roberts...my favourite firm of Bailiffs. OK, firstly, do you owe the money? If so have you had a breakdown of the amount from the Council. A bailiff can access the garden, but any attempt to levy by looking through the window would not be a legal levy, so don't worry there. Also, just opening the door hasn't given them rights of entry providing they did not get over the threshold (and I don't mean sticking their size twelves in the door!). Did the bailiff by any chance show his certificate issued by the County Court (rather than his plastic ID card issued by Ross and Roberts?). Did you get a name of him - don't post it if you did, but if you want to PM me I'll get it checked to make sure that whoever it is is certificated. Hope that helps Mark
  18. I'll have a proper read in a bit, but if it all is ok, what can you afford to pay in terms of the monthly instalment. Noted the comment about interest, but the Agreement does say 28.6% Mark
  19. You're right, there is no cooling off period as the Agreement was signed on trade premises. It isn't a secured loan tho!!! Will be up to the lender if they are happy to cancel the Agreement or not. Mark
  20. I took this from the Civil Court Practice 2008 Volume 1. However, well done, I think it's a decent compromise - as long as you're happy!
  21. I can only sympathise. My best friend's husband has just finished second bout of chemotherapy and is seriously ill. We'll help you on here as much as we possibly can tho! Keep in touch, will be thinking of you! Mark
  22. Probably is worth doing so, I don't know what A&L's policy is regarding offsetting. Bear in mind they're owned by Santander now, so might be worth not going to Abbey (although systems are still seperate I think!)
  23. Do you mean you bank with A & L and are worried about offsetting?? Sorry, didn't understand that one - though getting late and probably my brain is starting to sleep! Mark
  24. How much is the balance owed to Blemain?? Do you have equity?
  25. Ell-een is right. It is generally a notice put up to say that any chattels in the property should be removed within 14 days etc etc. However, I have seen some rather nasty For Sale boards recently!!!! Mark
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