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Hi all

 

wonder if anyone can help, my wife had car finance with capital bank. the balloon was payable at approx £4k but made further payments and brought it down to just over £2k. in the mean time capital put the debt out to a collection agency and the costs starting jumping around. I sent them a CCA which they didn’t respond to until they took me to court last week.

 

I explained to the judge that I sent them a CCA to which he asked me to clarify what that was? on doing so he asked me to explain why i hadn’t paid the outstanding amount, to which i replied that i wanted to see what costs where associated with the balloon payment.

 

It took them over 3 months to take court action without responding to my CCA request. As the finance is in my wifes name the judge has decided to set a new court date when my wife will have to attend.

 

Any ideas what i should do now?

 

Whilst i was waiting to go in there solicitor started asking questions as to why i hadnt paid so i qouted the cca 77.1 and 78.1 at this point he ran outside on his mobile after the case was defered he advised me to pay the £2k + interest as he thought they would accept this.

 

unfortunatley I dont have the money at the moment as my father is ill in spain so i am using most of my resource going back and fourth

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you may want to look at S127(3) consumer credit act 1974

 

it may be of use to you as it states .....

 

 

3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

if your wife didnt sign an agreement or they cannot produce the signed agreement before the court then they are up SH*T CREEK WITHOUT A PADDLE

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also have they given either you or the court a copy of the credit agreement which your wife signed ? surely if they are takign such a csae to court they would have to disclose the agreeemnt to the court for the court to make an enforcement order

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From what you tell me within your posts the agreement is valid and correct, but the query is with regards to the £900 in charges. These should be challenged in the same way bank charges are challenged, in that they are unlawful.

 

If you have a copy of the original agreement I would imagine that there is no provision within the contract for charges of this nature anyway. You should point this out to the judge for sure.

 

The fact that the agreement has been furnished (allbeit late) means that (providing the agreement is valid) the creditor can still enforce the debt.

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