Court papers issued is this a valid CCA ?

[citizenB]

Archie, if you havent had any one pop in, in say a couple of hours.. pm either 42man or rory32 with a link to your thread.

[42man]

Thanks for the PM....i'm afraid i'm not up on Scottish law Arch....Rory is pretty good and very knowledgable, if not somebody else might pick up on this....

[archieL]

Thanks for that 42man, hopefully Rory will pick it up

[IdaInFife]

Hi Archie,

 

On what basis are you defending this action as the cca looks, from what i can see, to be in order?

 

This may help

Shelter Scotland - Ordinary cause actions

 

 

Idax

[archieL]

Thanks for the link,

I am defending it because they are looking to retrieve the car and another 12k on top, according to case law I have paid well more than 50% so they have no recourse even if they've terminated the agreement.

 

Secondly they have failed to produce the full credit agreement even though it has been requested 3 times, so they have broken the law.

 

Also they have refused to acknowledge attempts to negotiate , this is also a breach of the CCA.

 

I am hoping to find some case law (unsuccessful so far) that the ownership of the vehicle has in fact transferred to me due to the amount paid, regardless of the terms of the CA (well the bits we've got). We have requested that they send a copy of everything they intend to use as evidence, I believe they don't have the necessary documentation.

 

I am concerned about their use of my personal data, as the exclusion appears to limit it to BOS and the introducer, but a little unsure how this can include DCA's !

 

Away to check that link out

[rory32]

To answer some of your questions in your PM

Is there a prescribed form or format we need to respond in ?

Yes.

 

Have you filed out Form O7 yet (Notice of Intention to Defend)?

 

Regarding who has legal title to the goods (if the agreement is okay) the creditor retains legal title to the goods until they are fully paid for. It's just that once you have paid a certain percentage of the hp agreement they need to go to court if they wish to get the goods back.

 

You are going to struggle on the t&c's argument alone IMO as it's not a really strong argument. Is there any PPI that was potentially missold?

[archieL]

Hi Rory,

 

Thanks for taking the time to respond it's much appreciated.

 

The 07 form went back to court last week. Then I got a letter from the court saying the defence has to be in for 23/10 and it also gave dates for the options hearing.

 

I'm at work just now but will PM you with my draft defence paper as soon as I get in. I'm just unsure what format it should be in and how extensive it needs to be? Given that you still have time to change it before any hearing takes place.

 

Many thanks again.

[rory32]

The 07 form went back to court last week.

And did you send a copy to the pursuer?

[archieL]

Yes, sent to the solicitors for the pursuer

[gemspan]

Hi there

 

All the information you need relating to the termination of the agreement will be on the agreement document. You do have the option to return the car to the finance company after you have paid half of the balance without any penalty. If you decide to do this you could send it back and buy a car for cash - even if it is a runaround - which will get you from A to B.

 

If the CCA is in order I would suggest that you take this option because defending a case like this in court will probably cost you more than returning the car and buying a runaround.

 

I am always in favour of consumers standing up for their rights but you are really playing a very dangerous game which could potentially cost you thousands if you lose as you will have to pay the other side's legal costs too.

 

Have a look at your agreement. I do know however that you can return the car without penalty if you have paid more than half the original balance. I did this with a 4x4 I had that I couldnt afford to run when I lost my job.

 

Good luck

Kind regards

Gemspan