Jump to content


  • Tweets

  • Posts

    • Thanks dx, will do this tomorrow morning when I have access to a pc (find it easier and quicker than my mobile). Just having a good old read through similar threads atm. Wow some of this jargon is hard to take in 😳.  Thank you for your support x
    • please complete this:   and scan up bothsides of your NTK read upload carefully PDF only please!!   safe to ignore powerless DCA's they are not bailiffs  
    • yes ring the court and get it moved directions might stay the same though for fee/WS exchange mind.   dx   dx  
    • Driver entered car park run by CEL Ltd . Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods a couple of miles away .   I have a copy of a collection of goods note with an approximate time on it   Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning    ANPR cameras registered first entry and last exit    Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere !   Been to site itself . No signs at entrance . When entering from main road nothing !   Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left .   After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that !   This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt    The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness   The pack of lozenges cost £185 !   Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimida ted . Very stressful ! Any  advice please ? I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
  • Our picks

scaz40

Vehicle Finance issue

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4234 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi, this is my first post.

 

I entered into a 5 year Finance agreement with Fortis Lease for a vehicle in 2005. I recently requested a setlement figure and a copy of the loan agreement (moved house couldn't find it).

 

Upon inspection of the finance agreement I noticed the following:

  1. A Deposit was showing on the agreement, no deposit was paid by me to the dealer.
  2. The agreement states that it should have been signed at the dealers premises. The agreement was sent to me in the post and a no point did I visit the dealers premises.
  3. The delivery of the car happened after the first finance payment was due and the dealer recompensed me for this first initial payment.

Now I fully understand that this should have been picked up by me initially, however I fell into the trap of 'trusting' someone to work this through on my behalf and I should have checked the main terms of the agreement prior to signing it, however I was under pressure from my then employer to move from a company car to a car allowance. I enquired about this with a friend who mentioned something about antecedent negotiations, however I'm unsure whether this is applicable?

 

My question is, do I have any recourse against the Finance provider at all? The dealer has subsequently gone bankrupt and allegedly left a trail of these such issues behind him. Any advice would be gratefully received.

Rgds Paul:o

Share this post


Link to post
Share on other sites
Hi, this is my first post.

My question is, do I have any recourse against theFinance provider at all? The dealer has subsequently gone bankrupt and allegedly left a trail of these such issues behind him. Any advice would be gratefully received.

It all depends what you hope to gain from it. None of the points you mention change the fact that you have had the agreement running for three years, presumably without problem. Are there any other issues with either the car or the agreement that make you dissatisfied?

 

In answer to the individual points you have made.

 

1. It could be that the dealer has added a deposit on the docuemnt because this is what the finance company expected. This is obviously wrong. Whether you have suffered a loss from this is another matter because assuming you do agree with the actual amount of credit, the amount repayable will be identical to that if there was no deposit showing. Because also the amount of any deposit counts directly towards your termination ficure (assuming it is a HP agreement) it could be argued that the dealer actually did you a fovour!!!

 

2. Signing an on-trade agreement at you home......again a very naughty action by the dealer. Your 'loss' here is that you were not given your statutory cooling off period that comes as standard with any off-trade agreement. As such the agreement is technically unenforceable. To counter this, however, it could be argued that you have clearly accepted the agreement having repaid it for the last 3 years and the finance co may be able to apply to the court to have it made enforceable.

 

3. If the dealer paid your first installment for you then all I can say is 'well done'!!

 

What sort of recourse did you have in mind. Do you want 'out' of the agreement or are you otherwise happy with it?

 

Hope this helps.

 

RR:-)

Share this post


Link to post
Share on other sites

Thx for the info RR.

 

The issue had originally been raised approx two years ago. I sent various emails to the Finance company querying the agreement and the issues identified in my first post. The response is received was 'you signed the agreement'. I have to admit, I should have been more thorough. However, if I can prove that I flagged the issue and concerns with them early do you think it would help?:confused:

 

My main goal is to exit the agreement if possible and revert back to a company vehicle.

 

Rgds

Paul

Share this post


Link to post
Share on other sites

If you have already flagged the issue and they have not appeared interested then you may have to put the account into dispute over this and take it from there - possibly in court.

 

This may not be the best option however based on the reasons in my first post. A court could quite legitimately ask you why you are disputing it now when you have been paying it for 3 years.

 

Is it a HP agreement? If so the you should be past the point under which you can voluntarily terminate it. If its not a HP agreement, but the car still has value, it may be worth explaining your situation to the lender and seeing if they can come to an aceeptable arrangement to end the agreement early and take the car back.

 

If your credit rating is otherwise good then I would not advise that you just stop paying it as it could screw things up for when you next want a car, or indeed anything else, on credit.

 

HTH.

Share this post


Link to post
Share on other sites

RR

Thankyou for your advice, it certainly has provided me with some clarity!

 

Best Regards

 

Paul

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...