CCA request

[rach8736]

Hi All,

 

I bought a car in July 2005 couldn't meet the re-payments so i voluntarily handed it back in May 2008. At the time i didn't realise i still had £ 750 to pay to have paid half and hand it back without any issues should i have been informed of this at the time by my car finance company??

 

I have now recieved a court summons from RCI financial services for the remaining balance of the car, the initial rate of the finance was 6.5% they're asking the court to make it 8% annually. Can I requset a copy of my CCA after this case go's to court or should I be requesting it now before they take me to court.

 

Any help gratefully recieved

 

[raydetinu]

I would certainly do a subject access request of them to see if there is any record of them informing you of this debt, as it would certainly not help their case if they have not bothered to inform you of this sooner.

I pressume you have not been sent anything before this.

If you have time contact them and discuss settlement before going to court, by paying the £750 plus interest. Or do a CCA as well as you suggest to see if they do still have a signed copy of the agreement.

Which if they dont could mean it would be uneforceable? maybe! not sure about this, maybe someone in the debt advice area coud be more help,.

[rach8736]

i received a demand for the full amount of 3268 then 2 weeks later a court summons.think i may be a bit late to do anything.offered them a payment plan of 60 a month but they refused saying they would take me to court for the full amount

[creditcardmug]

Hi All,

 

I bought a car in July 2005 couldn't meet the re-payments so i voluntarily handed it back in May 2008. At the time i didn't realise i still had £ 750 to pay to have paid half and hand it back without any issues should i have been informed of this at the time by my car finance company??

 

I have now recieved a court summons from RCI financial services for the remaining balance of the car, the initial rate of the finance was 6.5% they're asking the court to make it 8% annually. Can I requset a copy of my CCA after this case go's to court or should I be requesting it now before they take me to court.

 

Any help gratefully recieved

 

 

Hi and welcome, have you actually had a claim from the court yet? if so what date is on it?

[rach8736]

hi i bought a car using rci financial services in july 2005,got to 2007 things where a bit tight and couldnt affordrepayments.i handed the car back in may 2008 later found out i was 750pounds short of paying half the balance was never told this was only told i had to ppay the 4500 balance.then in october got a final demand saying the car had been sold for 1256 and the remaining balance of 3200 had to be paid in 7 days.end of october got a court sumons to go to court for the full amount.offered them 60 per month to stop court proceedings they refused it.they are applying to courts to raise the intrest from 6.5% to 8% to.sshould i be asking for my cca or is it to late to do anything any help grateful

[rach8736]

had a sumons to appear on the 18 of december

[creditcardmug]

Hi what date is on the court claim?, can you post up the Particulars of Claim (minus personal details) or just type it out word for word.

[maroondevo52]

Threads Merged.

[creditcardmug]

had a sumons to appear on the 18 of december

 

You should have had a claim pack, in it it should have a heading "particulars of claim", thats the bit we need, also what is the issue date on it?

[rach8736]

I have summary cause summons, details of claim, statement of claim particulars of arrestment, option toadmit or dispute, written noteof defence, defenders response to the summons,application for time to pay direction.

 

Thats all i have i'm really not very clued up on this - will the paper work still be the same in scotland ???

[rach8736]

On or about 22nd July 2005 the defender entered into a Hire Purchase Agreement ( hereinafter "the agreemant") with Nissan Finance (G.B.) Limited whereby she hired from the a Renault Clio 1.2 motor vehicle, registration number **** *** (herinafter "the vehicle").On or about 6 Febuary 2007 by special resolution, Nissan Finance (G.B.) Limited changed it name to RCI Financal Services Limited. The defender has defaulted on themonthly repayments required in terms of said agreement and a Default Notice was served on her by the pursuers in terms of section 87(1) of the Consumer Credit Act 1974 on or about 26th January 2008. In terms therof, the defender was required to make payment of arrears of £681.40 to the pursuers on or before 18th febuary 2008. She failed to and therby repudiated the contract. The pursuers accepted said repudiation. The pursuers have recovered possession og the vehicle which was sold for the sum £1,256. The sales proceeds have been applied in reducing the sum due to the Pursuers in terms of the agreement. The balance still due and resting owing by the defender is £3,284.08 which is the sum sued for.

 

The pursuers have repeatedly called upon the defender for payment of the sum due. She refuses or at least delays to do so. This action s accordingly necessary.

[creditcardmug]

Ah thats why im confused, your obviously in scotland where things are done differently, someone called rory will be on later, im sure he will help you with this.

[rach8736]

Thanks for your help sorry didn't mention i was up here in scotland to start with...

[rory32]

When do you need to respond by?

 

I think you definitely need to ask for a copy of the credit agreement. As you returned the goods I would also wish to see a valuation of the goods and know that they were sold at a fair market price.

 

Do you know if there are any charges on the account at all e.g. late payment charges, collection charges?

 

I think you need to send them something along the following lines via recorded delivery.

 

In the XXXX Sheriff Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, I request you to provide me with the information and documents detailed below.

 

I request that the information should be furnished within fourteen days of the receipt of this letter. If you fail to comply, it may hamper proceedings and result in me filing an unnecessary defence or counter claim.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

c. True copies of any default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

j. Copies of the valuation of the vehicle concerned.

 

3. Any other documents you seek to rely on in court.

 

 

I must advise you that if the information is not forthcoming, it may delay or frustrate the equitable resolution of this matter and result in unnecessary cost for both parties.

 

Yours sincerely,

 

XXXX (type, don't sign).

[rach8736]

the return date is the 12th of december.do i send this to rci finance or their solicitors

[rory32]

Their solicitors.

[rach8736]

do i have to send any cash to cover postage

[rach8736]

if or when they send this information to me am i looking for anything in particular .should i get a solicitor to go to court with me

[rory32]

do i have to send any cash to cover postage

No.

 

if or when they send this information to me am i looking for anything in particular

Well the first thing would be to check if the credit agreement is enforceable, then check if any sums have been added to the account and then check the sale price of the car.

should i get a solicitor to go to court with me

You don't need one for a summary cause action.

[rach8736]

The car was sold for £1250 and forecourt price was £3200 and private sale £2500.

 

Thanks for your help i'll let you know how i get on

[rach8736]

got a reply from thier solicitor today with a copy of the agreement.they only thing wrong with it is it hasnt been sighned on behalf of the company concerned is this relevent.

[rach8736]

also this is the last paragraph of the letter from the solicitor.you must obviously do what you feel is in your best intrest and you are of course entitled to insist on any statutory rights which you may have.however,if,as seems likely you are going to have to rely to a significant degree of goodwill of our clients if you wish them to adopt a sympathetic approach to enforcing any decree.you wish to concider whether causing them the maximum inconvenience just for the sake of it is likely to encourage them to do so.....can this be seen as being threatening

[rach8736]

hi got a copy of the agreement from the solicitors ,it hasnt been signed on behalf of the company is this relevent

[rach8736]

hi i recieved a copy of my cca it hasn,t been signed by the lender.ive looked about had a bit of conflicting information anyone have any facts ,is the cca unenforceable,had a look at oft website they say its unenforceable.....any help .....please...thanks

[rory32]

It would be enforceable only by way of a court order. However, if the only thing wrong with it is that the creditor has not signed it then it is highly likely that a court order would be granted.