help being taken to court

[smhooch]

i got a response pack sent to me on the dated 28 may (postmark). from the bank of scotland. i hire puchased a caravan and came in financail difficulties oct/nov last year and phoned up capital bank (which is bank of scotland group company) to expain that and asked if they could defer the payments or put them on hold for 3 mths, they said no and if you dont make payments you are in breach of contract so i sent a letter back volenteering to hand the goods back (i cant find the copy i made now tho). i did not get a response until dec saying that we have defaulted and are now liable for the whole amount. i got a letter from bank of scotland in april saying the balance outstanding is £16,899.75 but if i can make payment of £4349.52 in full and final settlement offer is only valid for 7 days.

and now i have got this through wanting the full amount plus intrest per day. after working out the figures of what i have actually paid deposit + payments made + first installment and then resale of the goods i have worked out that the amount they are asking for is lost intest over the rest of the term of the hire purchase.

this is where iget lost i dont know if the wording in the contract say they can do that, whether to admit the whole amont, how to fill in the form. im scard and confused by all of it. i've tried speaking to debt line not much there i cant get hold of my local cab office and they dont deal with court papers or understand the legal terms in the contract.

any help would be really appriacted as i'm running out of time here.

thanks.

they have also added a letter E to my first name on the court papers, just noticed it. sorry.

Edited June 6, 2008 by smhooch
missed out a bit

[smhooch]

i dont think i made my self clear the response pack came from the court and its bank of scotland that is taking me to court. should i attatch the contract and court documents?

[popeye1]

Bump

[popeye1]

On the court claim there should be an issue date, what is it

[smhooch]

22 may but it does say that if the claim form was sent by post the date of sevice is taken as the second after posting. i still have time dont i?

 

thanks for taking an intrest.

[smhooch]

i have attatched the relivent docs. while doing so after re-reading them for the hundredth time i have also noticed that my name is spelt wrong on the contract aswell they have added an E to the end of my first name, i can confirm that the i.d i used does not have an E in my name, but i signed the contract. how do i stand on that one.

also on the particulars of the claim the agreement no was re-numbered should i have had a copy of that when it was done, all paper work that i have, have the first agreement no not the re-numbered one. what does re-numbered mean?

any help with this would be fantastic and appriaciated. as all this legal stuff is flying straight over my head.

contract for hire purchase.pdf

particulars of claim.pdf

terms and conditions.pdf

[nicklea]

To be honest with you, having had a look at the documents that you posted I believe that they do have a very strong case.

 

First of all the original debt was for more than £25,000 (it was actually £26,540) so the Consumer Credit Act doesn't apply in this case and, as it says at the top of the agreement it is an un-regulated agreement.

 

There are rules that they have to adhere to in calculating the debt that is owed under HP when they terminate an agreement and, on the face of it, they do seem to have done this properly.

 

It is Total Amount - Sale price of vehicle - your payments = outstanding debt

 

So, in your case :-

 

£45,465.80 - £23,378.80 - £4,500 (I'm guessing based on dates) = £17,587

 

I can only make an estimate of the payments you've made. So the fact that they're claiming £16,900 seems about right.

 

Here is a link that explains a bit more about what happens when a hire purchase agreement is ended:-

 

Multikulti : English : Debt : How to deal with Hire Purchase debt

[smhooch]

hi nicklea

 

thanks for that, so really i dont have a leg to stand, damn, i said legal stuff goes over my head.

 

so which way do i go now..... pay the total amount...admit that i owe all the amount and ask time to pay or dipute it... but after reading above link i got no leg to stand on with a dispute.

 

and i suppose that it dont matter that my name was spelt wrong does it?