Help needed with ford credit

[guzzleguts]

SP

 

Just hoping you haven't forgot about me

 

Thanks GG

[42man]

It may be that the only way of resolving this may be in court....a Subject Access Request might be a good idea (and specifically ask for all copies of default notices !!).....the letter is dated 30th January and they are asking you to refer to the default notice which expired on the 3rd February (obviously one that you didn't receive !!! AND which they hadn't printed yet by the looks of things!!) I think they could possibly have screwed up big time...

[guzzleguts]

Thanks 42man

 

Please could you give me some direction on which way to go with this, because they are being very difficult and rude on the phone.

 

What would the court make of the above letters?

 

An SAR might not be complied with before court, by the way they are dealing with me.

 

your help is much appreciated on this, as i have to answer their threats of court at some time.

 

Thanks GG

[guzzleguts]

42 man, SP, Steven if anyone could give me some more direction on this i would be grateful

 

THANKS GG

[guzzleguts]

Just bumping in hope of some direction on this, please

 

Thanks GG

[Josie8]

Thanks SP

 

The first is the letter thats states about the first DN that wasnt received.

the other 2 are the 2nd DN. Thanks for your help. GG

 

 

 

 

 

Are the arrears quoted and the other figures on th DN which you have blacked out accurate?

 

Can you scan your actual agreement up?

[guzzleguts]

Hi josie

 

They are monthly payments that im behind on plus late letter fees.

 

IL post the agreement up in 10 mins do you want to see the terms as well.

 

Thanks GG

[guzzleguts]

Thanks again josie

 

in the first letter they did state that a default notice had already been served in jan, are they right to issue another 3 days after the first one expired?

 

Here is the agreement and terms.

 

GG

 

 

 

 

[steven4064]

GG

 

I haven't checked the sums, but it looks like an OK agreement

[guzzleguts]

Thanks steven i thought the agreement was ok it was the DN'S that were suspect, if you could take a look

 

GG

[steven4064]

DNs are not my particular forte, I'm afraid

[guzzleguts]

Ok thanks anyway if you could ask someone you know that is i would be grateful

 

GG

[42man]

GG did you see this thread - http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

[guzzleguts]

Thanks 42 man

 

Yes ive read that a few times and although i know its similar to mine im not clever enough to work out what's wrong with the DN'S and what to do next. I dont think ford's will do anything more until the 2nd DN run's out but i'd like to know what i have on my side, to put up a defence.

 

Please when you get a min if you could point out what to do next.

 

Thanks GG

[guzzleguts]

I would appreciate if someone could clarify my issue with the two DN'S above.

 

Ive tried everyone thats helped me so far with no luck, so if anyone could comment.

 

Thanks GG

[guzzleguts]

Is it possible to move this thread somewhere that il get the advice i need.

 

Its going to be a legal issue by next week, i really need to get the letter and DN looked at.

 

Thanks GG

[underdog13]

Hi GG, had a read through your thread and can't really add anything to what's already been posted; I too would think that the £25 letter fees are penalty charges, rendering the arrears sums incorrect.

 

Think your best bet might be to PM X20 or PT. Alternatively, if they are too busy, could you seek legal advice? As you are temporarily on benefits I should think you might be able to get legal aid. If not, most solicitors give a 30 minute intial interview for free - might be enough to give you a clearer idea as to where you stand.

 

Best of luck to you:)

[guzzleguts]

Thanks underdog

 

x20 hasnt been on here since 9th feb, and pt wont receive pm's until the 27th feb.

 

thanks anyway

 

GG

[underdog13]

That's a shame - sorry, GG.

 

Perhaps the site team can suggest something?

[guzzleguts]

I have been pestering them for about a week, no news yet.

 

Like you said the DN run's out tom so il wait til they start proceedings and seek legal advice.

 

Thanks GG

[lexis200]

I didn't think they could issue two DN's on the same account?

 

It also begs the question, if they are refusing your offer and telling you to pay up by the end of the first DN on the 3rd, why then allow you another 20 odd days by issuing a second one? Surely the best for them would be to just terminate and claim the lot?

 

Have you SAR'd them yet? I think this is imperative if you haven't, as I agree that it looks like they're playing silly beggers with you.

 

Also, you could try pm'ing banker_rhymes_with to have a look at your thread - he's pretty good with defaults.

[guzzleguts]

Thanks lexis

 

Yes i have sent an SAR, and i didnt want to bother BRW he has his own case on right now, ive PM PT so im in hope he will look in.

 

Thanks for your support

 

GG

[lexis200]

YW

 

The other thing that springs to mind is that it could be worth checking it's set out correctly etc.

 

If you have a look in the statutes library, in the link that is for CCA1974 and related docs, the defaults bit is there. They may have screwed up on the form, you never know...

[guzzleguts]

Like you said they shouldnt of issued 2 but they have also the same late letter fee on both, i think its an unfair penalty.

 

I will have a look at that thanks

 

GG

[steven4064]

As I said, DNs are not my particular area of expertise but from what I do know, the DN in post #21 looks valid, as does the HP agreement.

 

However, if the first DN that you didn't recieve was the same as the (puported) second one, then under 3a) they terminated the agreement on 3 February and therefore the second DN is invalid 'cos you can't default an account that is closed.

 

So

 

a) they never sent the first DN and the second is therefore the first (if you see what I mean ) and it is valid

 

OR

 

b) they did send the first DN which was presumably valid but the second is unlawful