Cab1ne-Lombard-Shoosmiths **Claim Recieved** - ***WON***

[cab1ne]

Have lombard got it right or wrong

[cab1ne]

sorry rooster

the agreement is what i mean and iam trying to add jpeg to thread

Edited February 18, 2009 by cab1ne

[cab1ne]

(1) i enquired about a vehicle from cab direct (allied vehicles) in june 2006 for the purpose os starting my own taxi busines (one man band).

 

(2) cab direct sought the finance company for me to aquire the vehicle and told me everything ok.

 

(3) all paperwork came in the post after paying a £500 deposit to the credit company via cab direct.

 

(4) the credit agreement is a

conditional sale agreement reg cca 1974

all appeared fine to me & returned it all signed in the pre paid envelope

to lombard north central plc. i signed the agreement on 28th july 2006 lombard signed it on the 7th august 2006

 

(5) cab direct stated that the first payments would start 1 month after a signed delivery of the vehicle & not before, (the vehicle was delivered & signed for on the 18th august 2006).

 

(6) i had it plated by the local council on 23rd august 2006

 

(7) on the 7th september 2006 lombard took £433.08 first monthly payment plus £200.00 credit facility fee (£633.08) this applying a debit in my bank account

then proceeded to take £433.08 from my acount on the 7th of every month thereafter, so when i phoned them & pointed this out to them they said thats just what they normally do.

 

(8) everything going smoothly till 12th july 2007 & then the dreaded default notice. clearly stating the amount of arrears of £866.16 (2months payments). my chin clearly removed itself from my face, so i phoned them up & disputed this, they convinced me i was in 2 months arrears so we both agreed for me to clear the arrears. i cleared the arrears by the 21st august 2007.

 

(9) so i patted myself on the back "phewww" that was lucky until the big day came 15th august 2007 the soopadoopa termination notce dropped thru the door, "PANIC" so i phoned them up & asked what the hekk was going off, (a moment of "they said i said")

they said that i did not comply with the default notice

i said but we agreed on the phone

they said you are still in arrears for august

i said yeah 21st august all done

they said no it should of been by the 7th

so i asked how can i carry on paying for my vehicle now

they said your account is no longer "live" so i would have to clear the arrears & they would have to send me a new agreement.

i told them that i dispute this & i will be making a complaint, so they gave me all the details to lodge my complaint with lombards

complaint proceedures (in house complaints) ("now these people are from another world"). at this time a complaint to the financial ombudsman was in place regarding the default notice.

 

(10) as i lodged my complaints via phone calls & the royal mail they just had every intention of bullying me around & that they did. so i lodged a further complaint to the financial ombudsman regarding the termination.

 

(11) now i am in full dispute with lombard and i've got the financial ombudsman snapping at their ankles.

 

(12) now it is october 12th 2007 and someone is knocking at my door at 07.30am. hello i'm hammonds uk debt collection agency acting on behalf of lombard north central, saying "you owe me" £1299.42 plus our fees totaling £1839.86. as the blood drains from my body and i am on the verge of passing out, i said in a squeemish voice "why"? he said "arrears for august, september, october plus our fees, or i will take the vehicle away".

(the vehicle is parked on my private drive, fenced & gated off to the public) i escorted him off my property, then i asked him to show me if he had any court orders or warrants to which he replied "i don't need any" so i informed him that if the vehicle was parked on the public road he could have done whatever he seemed fit, as it was parked on my drive he needed some form of warrant or court order to enter my property. at this stage he became very abusive and aggressive. so i called the police to prevent a breach of the peace. at this time as the police arrived he went into the back of his van and pulled out a wheelclamp. the police asked me what the problem was and after going thru some details with them i pointed them into the direction of the debt collector. the police officers then checked his paperwork and told me his paperwork was more up2 date than mine!!!!! & i had to let him on2 my property & wheelclamp my vehicle!!!! or i would be arrested for breach of the peace "gob well & truely smacked".after running around & collecting up the amount of money i needed 2 give them hammonds uk returned 2 my home on the 18th october they took the money took the clamp off & bogged off!!!

 

so now it is 4th february 2009 my good lady wife has been scouring these consumer forums for god knows how many weeks now we smell a few rats!!

1.is the agreement enforcable?

2.is the default notice valid?

3.is the termination valid?

4.have they followed oft guidelines?

5.have they breached the cca 1974 regs?

r they right or r they wrong?

"HELP"

Edited February 24, 2009 by cab1ne
update

[cab1ne]

hi 42man & thankyou

just to put you more in the picture as i sort out the attatchment thing.

 

i can't send them any letters telling them not to persue the debt whilst it is in dispute, they did the dirty deed on 12th october 2007 and took £1839.86.

FOS have already sent me their findings so i shall give you all this info

so ofto scan i shall go BBS

[cab1ne]

hi 42man & thankyou

just to put you more in the picture as i sort out the attatchment thing.

 

i can't send them any letters telling them not to persue the debt whilst it is in dispute, they did the dirty deed on 12th october 2007 and took £1839.86.

FOS have already sent me their findings so i shall give you all this info

so ofto scan i shall go BBS

 

FOS response to my complaint

 

 

 

 

 

Edited October 25, 2009 by cab1ne
insert link

[cab1ne]

Did they send you the other 4 pages ?

they sent a total of 5 pages 1/2/3 is the agreement & pages 4/5 is the t&c's

 

Edited February 18, 2009 by cab1ne
update

[cab1ne]

this is my agreement

 

 

 

Edited October 23, 2009 by cab1ne
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[cab1ne]

THIS IS THE RESPONSE FROM LOMBARD REGARDING MY IN HOUSE COMPLAINT "WHAT A LAUGH"

 

 

 

 

 

Edited October 25, 2009 by cab1ne
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[cab1ne]

this is the bit i think needs looking at.

something just dont seem right, would this have anything to do with the "prescribed terms"

 

the key financial information bit

 

Edited October 23, 2009 by cab1ne
insert link

[cab1ne]

Hi Citizenb,

yes fos ave replied & 2 cut a long story short ave found in favour of lombard!!!!!!! they gave me until the 12th of this month 2 reply if not happy!!! which i have done so..........so now waiting 2 hear back from them, i've also got TS involved now & looking in2 it..........but anything u guys can help me with would b a GREAT HELP.

 

see http://www.consumeractiongroup.co.uk/forum/show-post/post-1969765.html

Edited February 18, 2009 by cab1ne
update

[cab1ne]

Unfortunately, it is not in the remit of the FOS to rule on the enforceability or otherwise of an agreement, although this doesnt stop them advising you in such a manner that gives the Creditor/DCA hope that they are in the right. That is the remit of Trading standards and the OFT. who are equally as useless.. !

 

What you could do is amend the letter in Bankfordders thread and send it to the OFT and also make a complaint to the Trading Standards. Make sure with TS that you have a good working knowledge of the regulations so you can argue your side.

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html

 

All you will receive from the OFT is a letter stating what the regulations are and that they are unable to assist an individual. However, they are apparently logging all complaint and when the receive sufficient for any particular company they are supposed to be looling into their fitness for re licencing.

 

my major problems with the whole situation is

1.they defaulted me

2.they terminated me

3.they sent dca for supposed arrears

4.they resumed the contract (all by themselves)

5.they defaulted me again

6.they terminated me again.

 

i dont know weather i have been or im still coming lol!!

[cab1ne]

Ooh, is this correct, they have actually sent you 2 Default Notices and 2 Termination notices ?.. they cant do that

 

Any chance you can get them scanned in, minus your personal details and let us have a peek at the notices.. with any luck they will be full of flaws . Let battle commence.

 

like the word battle

these are my default notices & termination notices

 

Default and Termination 1

 

 

 

Default and Termination 2

 

 

Edited October 23, 2009 by cab1ne
replace links

[cab1ne]

bearing in mind

inbetween the first NOD & NOT & the second NOD & NOT

they actualy sent out the dreaded DCA

 

"CONFUSING OR WHAT"

[cab1ne]

Right well the good news is that BOTH default notices are invalid.

 

The date on the 1st one is 12/07/2007 and they give you a remedy date of 26/07/2007. This is Exactly 14 days, unless they shoved this through your letter box or handed it to you personally on the 26th then they have not allowed the 2 days 1st class or 4 days 2nd class allowance for postage They then terminated you

 

Then strangely they seemed to think that you still had an agreement in force and Defaulted you again !!.

 

The better news is that this 2nd Default notice is also invalid. DN date, 25/01/2008 - remedy date 08/02/2008, again exactly 14 days with no allowance as required by law for postage. They then proceeded to terminate you again. How can they Default and Terminate something that is no longer in existence having been terminated nearly 6 months previously !!.

 

You need the assistance of someone with more knowledge of what to do next than me. I will see if I can try and find someone to look in for you.

 

"brilliant"

its obvious i do need some sound and positive advice.

but as i have mentioned aswell they came to collect arrears on a terminated agreement. arrears for 7th sept 07 and 7th oct 07

[cab1ne]

I have asked a member of the site team to look in when he has a few moments. He doesnt appear to be on the forum at the moment, so dont be too disappointed if you dont get an answer this evening. Of course others might also pop in and advise.

 

thnx citizenb

what you have told me so far is a lot more than what i started with,and i can assure you waiting for good cagging can never be dissappointing.

[cab1ne]

so just recapping on what i have got so far

 

1.Agreement unenforcable

2.default notices invalid

 

Does that make the termination notices "naughty" aswell ???

[cab1ne]

Then strangely they seemed to think that you still had an agreement in force and Defaulted you again !!. To be able to issue you with the 2nd default notice, they would have needed to get you to sign another agreement.. you didnt, did you ??

 

"NO" but they have tried to get me to sign new contracts and i "REFUSED"

[cab1ne]

Interesting....I can't think of why they would have terminated the account twice, unless they made some sort of error on the original default....how it would potentially sit with a judge and the CCA74 i'm really not sure, although if the agreement is unenforceable then i'd say this would add ammunition to a successful defence...

 

Mmmm!! "interesting" being an excellent choice of words.

iam under the impression that once an agreement had been terminated, regardless of what errors their may have been beforehand. FINITTO,DEFUNKT,DONE.

also page 1 on this thread #11 lombards letter might be enough to hand to a judge & say "DONT NEED NO DEFENCE M'LUD, THEY DONE IT FOR ME" lol!! especially http://i593.photobucket.com/albums/tt13/flinty56/lomblett04.jpg paragraph 1 under during my investigation

Edited February 14, 2009 by cab1ne
update

[cab1ne]

also as citizenb has pointed out i have been around the threads & the two days postage does count "senior master of the queens bench clarification 1985" also i have discovered via the threads it is 14 working days (monday to friday)

 

thus meaning this default should have a compliance on or about the 2nd august 2007???

Edited October 23, 2009 by cab1ne

[cab1ne]

WOW!!!!!!!! ive pasted that into a word doc,

is surfaceagentx20 some kind of wizzard ?

[cab1ne]

If an agreement is defaulted in July due to some arrears & then terminated in August because one did not comply with the default notice. we all know what the creditor is allowed to do.

 

To avoid any confusion lets not go into any unenforceable agreements, invalid defaults, or terminations. Lets just assume they are all correct.

 

“The point”

The creditor states the payments fall due on the 7th of every month.

So as I pay the arrears for the July default notice & my regular payments, then along comes the 15th august the TERMINATION pops thru the letter box “gob smacked” stating that I had not complied with the first default notice due to still being in arrears for the 7th August,(a bit confusing I know but it is legal).

So I get in touch with the creditor, they tell me to pay the arrears of £1299 / late payment fee £100/ + agent fees totalling £1898 to the DCA & then they would renew my agreement. I then think £1299 for one months arrears is a bit steep, so I dispute their claim via their in house complaint procedures.

Anyway time passes by as my complaint is being sorted, along comes the 18th October & bingo the DCA is knocking at my door demanding the £1898. I then escort the DCA off my property & then ask him to produce his documentation which clearly points out that they are collecting for the arrears covering August (that’s “ok”) September (“dodgy”) October (“very dodgy”) & if I could’nt pay they would repo the vehicle, being totally stupid & not having any legal knowledge at all I paid them.

 

“The question”

As they terminated the agreement in august, what gives them the right or what laws do they have for them to collect arrears for sept/oct ??? & what can I do to fight back at them.

[cab1ne]

That's the way I read it:D TBH, I wouldnt have a clue how to go about processing the information. It might be a good idea to read a few threads where this has happened. I will try and find some links for you sometime tomorrow.

 

 

 

Yup, he surely is. A long with quite a few other CAGers, who give their time and expertise.

 

 

 

IMHO and if I read things correctly, once they have defaulted (invalid) and terminated then they have lost all their riights to collect monies which are due in the future. I will check out a few threads tomorrow and pop some links for you to have a look at.

 

GOOD EVENING CITIZENB

 

thankyou for your help 100% appreciated.

i have been scowling the forum like a mad dog & i have found lots of info about my problem, but i have found them in individual problems. so iam finding it very hard to build up all the snippets i recieve or find on the forum & make a nice neat package. but i have the patience & the respect for caggers like yourself & the whole forum

 

"sittin tight"

[cab1ne]

Hi Cab,

 

intrigued, where did you see a thread stating 14 working days for the default notice?

 

I know the service time (postage) cannot include weekends, but as far as I know the 14 days are just normal days, not working?

 

BTW, seems like you have them stitched up like a kipper

 

I think you could be in line for a SERIOUS amount of cash here, as they have taken payments on a secured agreement that a) is unenforceable and b) has been improperly terminated

 

Worth looking at SurfaceAgenctX20's thread on the work he did for a friend on a car agreement (HERE) that resulted in the friend coming out (I think) 20k better off

 

NICE!

 

OMG:D

my mistake on the working days i got confused:rolleyes:

but as for the"seems like you have them stitched up like a kipper"

OMG:D:D:D:D

[cab1ne]

ncf355

thankyou for that snippet;) (the most powewrful one ive had so far)

 

now i have calmed down i shall re-cap

 

1.07/08/2006 unenforcable agreement8-)

2.12/07/2007 invalid default8-)

3.15/08/2007 invalid termination8-)

4.18/10/2007 this bit im still seeking advice & scouring the forums:confused: DCA's illegal activities

5.21/05/2008 second invalid default

6.18/02/2008 second invalid termination

 

Mmmmm just gets better:p

Edited February 16, 2009 by cab1ne
addage

[cab1ne]

found this info on a post by "BRW" helping out a cagger called "mberman"

 

The key issue is when Payments are due.

 

Routine Monthly Payments are due as of the date they fall due, and once you go past that date unpaid, they become Arrears.

 

my agreement does not show me when payment is due "HENCE" not in compliance with the

 

PRESCRIBED TERMS FOR THE PURPOSES OF SECTIONS 61(1) (0) AND 127(3) OF THE

CONSUMER CREDIT ACT 1974

 

 

this is the section of key financial information from my agreement

http://i593.photobucket.com/albums/tt13/flinty56/KeyFinInf01.jpg

 

so the question being. could i be in arrears on the 7th of a month when my key financial information does not actually state when a Routine Monthly Payment is due:confused:

 

reading on in the above post is another valuable point by "BRW" The key is that the invalid Default Notice is 50% of the issue, the other 50% is the Termination. Put them together and they are ham strung, all they can ask for would be any valid Arrears that were due before Termination.

 

do i have any valid arrears

Edited February 16, 2009 by cab1ne
update