Finance U Ltd Car Repossession letter received **Round 1 WON... Ding, ding... Round 2 now on**

[nowayjose]

Thanks sick.as.a.chip

 

Just an update...received from the court today... Notice that a Defence Has Been Filed, Notice of Transfer of Proceedings and Allocation Questionaire. AQ to be completed and returned by 1st August.

[AndyOrch]

Wow fast AQ means hes proceeding and the defence has had little effect Jose.

 

Regards

 

Andy

[postggj]

HI ANDY

 

JUST A LITTLE CONFUSED BY YOUR STATEMENT and its meaning

 

i take it he is pushing the claim through the system double time

 

please enlighten

 

many thanks

Edited July 18, 2011 by postggj

[AndyOrch]

Absolutely Post.

 

Andy

[postggj]

ill start drawing up the first witness statement then and cost as its going to be fast track

 

lets see if he puts the allocation fees in like last time, then withdraws

 

if he is looking in

this cagger is not for turning

 

ill see you in the court room with nowayjose

 

she will not be on her own

 

i can assure you of that

 

 

nowayjose

 

ill give you a hand later with the aq

[nowayjose]

Thanks Postie... looking forward to it

[postggj]

STILL NO NEWS THEN NOWAYJOSE

 

NO DOUBT DEBATING IF HE HAS THE BALLS TO PUT IN THE AQ FEES AS ITS TWO CLAIMS AGAIN

 

SAME AGAIN OF £1500:lol:

 

SHAME THAT

 

WE WILL THEN START HITTING HIM WITH OUR COSTS

 

ARE YOU NOW READY FOR THE AQ TO SEND TO THE COURT

[nowayjose]

No news yet Postie:|

 

I aim to get the AQ ready and sent on Friday.

 

NWJ xx

[postggj]

he has to pay the allocation fee, shame that,

 

you do not

 

speak thursday night

 

regards

[nowayjose]

Thanks...

A couple of questions on the AQ

Do I have to send a copy of of completed aq to fu?

Sec A - do you want to attempt to settle at this stage? Y/N

If No, please state reasons below why you consider it unappropriate to try to settle the claim at this stage??

Pre-action Protocols - You are expected to comply with the relevant pre-action protocol. Have you done so?? If no, explain why?

 

Witnesses, So far as you know at this stage, what witnesses of face do you intend to call at the trial or final hearing, if appropriate, yourself?

Fast track for the claim??

How long do you estimate the trial or final hearing will take?? ---days ---hours---minutes

Proposed directions -have you attached a list of the directions you think appropriate for the management of the claim??

Fee - Have you attached the fee for filing this aq?

 

 

More than a few questions really... but just want to get it right !!

Ta xx

[postggj]

its polite to send a copy aq to the claimant but not compulsory

do you wish to settle at this stage, answer yes

 

they have complied with pre action prorocol

 

 

witness (yourself) but i will be there to answer the questions on the day (with the courts permission)

 

claim will be fast track

 

hearing time (three hours)

 

no directions yet

 

fee is non applicable

Edited July 26, 2011 by postggj

[postggj]

give the court a ring on wed to see if they have returned there aq:-)

[nowayjose]

Will do... I have a feeling of deja vu.

[nowayjose]

Hi postie

 

I havent had chance yet, I have been working 8.30-4.30 so courts closed by the time I get home, Im on annual leave next week so if I hear nothing by then I will give them a ring on Monday.

 

Take care

 

NWJx

[postggj]

hi emanevs

 

has the judgement now been handed down ref log book loans

 

please post a link as i am having difficulty finding it

 

many thanks

 

any body else have the lates news also , please post a link

[NewToTheFight]

http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKUT/AAC/2011/280.html&query=nine+and+regions+and+v+and+oft&method=boolean

is this what you require??

[postggj]

just what the doctor ordered

 

many thanks

[postggj]

please pm details as the case quoted above is now case law

 

 

4. The Attestation Issue was framed as follows:

“Is a bill of sale rendered void under sections 8 and 10 of the Bills of Sale Act (1878) Amendment Act 1882 in circumstances where its execution by the Appellants’ customer, i.e. the grantor, is attested by the employee of the Appellants who negotiates, agrees and signs on behalf of the Appellants, the credit agreement between the customer and the Appellants?”

 

102. For the above reasons I would give the answer “yes” to the Attestation Issue.

 

the judge said yes to the above

 

 

 

if ime missing anothe case then please pm me the details as ime in the process of a witness statement

[emanevs]

no soz!

 

male!

[postggj]

pure dynamite

 

seems finance u might be in some severe financial do, do

[postggj]

Witness statement is ready

 

do you want me to post it on your thread or email it

 

we can post it up later if you wish

[nowayjose]

Update - its been a while:wink: ... I submitted my AQ on time to the court...but lo and behold FU were late submitting again !!! (bloody cheek) I received a notice from the court that they had until the 12th Aug to submit... I heard nothing until this.....

 

 

and the cocky buggers also sent this along with their LATE AQ

 

Asking for a summary judgement

 

Attached to the AQ was their Witness Statement

 

After much deliberating with my best pal Postie, this is his reply which will be sent recorded delivery to both the court and FU solicitors tomorrow.

 

 

CLAIM NUMBER

 

 

 

FINANCE U LTD

 

CLAIMANT

 

 

 

V

 

 

 

MR AND MRS xxxxxx

 

DEFENDANTS

 

FIRST WITNESS STATEMENT OF MR xxxx AND xxxxxxx IN RESPONSE TO THE CLAIMANTS APPLICATION TO LIFT THE STAY IN PROCEEDINGS AND SUMMARY JUDGEMENT

 

I, MR xxxx AND MRS xxxxxx MAKE THIS STATEMENT IN RESPONSE TO THE WITNESS STATEMENT RECEIVED FROM THE CLAIMANT, MR GRAHAM ALEXANDER HUMPHRIES.

 

THE FIRST WITNESS STATEMENT RECEIVED FROM MR HUMPHRIES IS IN ERROR ON FACTUAL OCCURANCES IN RELATION TO THIS CLAIM.

 

IN PARAGRAPH (4) OF THE CLAIMANTS WITNESS STATEMENT, IT IS STATED THAT THE VEHICLE WAS HANDED BACK TO THE CLAIMANT VOLUNTARY. THIS IS INNACURATE.

 

THE VEHICLE IN QUESTION WAS IN FACT REPOSSESED BY THE CLAIMANT USING THE SECURITY OF THE BILL OF SALE.

 

THE DEFENDANTS PUT THE CLAIMANT TO STRICT PROOF THE VEHICLE WAS RETURNED VOLUNTARY AND WITH THE DEFENDANTS FULL AGREEMENT.

 

THE DEFENDANTS REQUIRE WRITTEN CONFIRMATION FROM THE CLAIMANT THAT THE VEHICLE WAS EITHER VOLUNTARY SURRENDERED OR THE AGREEMENT WAS VOLUNTARY TERMINATED BY THE DEFENDANTS.

 

THE DEFENDANTS REQUIRE A COPY OF THE VEHICLE CONDITION REPORT SIGNED BY THE DEFENDANTS PRIOR TO SURRENDERING THE VEHICLE TO THE CLAIMANT.

 

THE DEFENDANTS REQUIRE AN EXPLANATION AS TO WHY THE CLAIMANT HAD TO APPLY AND PAY D.V.L.A FOR A DUPLICATE REGISTRATION DOCUMENT IF THE VEHICLE WAS RETURNED VOLUNTARY.

 

THE DEFENDANTS ASKS THE COURT TO INSPECT EXHIBIT (1)

 

THIS DOCUMENT IS AN ENFORCEMENT NOTICE SERVED UNDER SECTION 76 (1) OF THE CONSUMER CREDIT ACT 1974. THE CLAIMANT ALLEGED THAT THE DEFENDANT HAD DISPOSED OF THE VEHICLE IN CONTRAVENTION OF CLAUSE (4) THE TERMS UNDER THE BILL OF SALE ON WHICH THE VEHICLE WAS SECURED.

 

THE DEFENDANT ASKS THE COURT TO INSPECT EXHIBIT (2)

 

THIS DOCUMENT SENT FROM THE CLAIMANT IS A DEFAULT NOTICE SERVED UNDER SECTION 87 (1) OF THE CONSUMER CREDIT ACT 1974. THIS DOCUMENT IS INVOKING CLAUSE (4) AND IS DEMANDING IMMEDIATE PAYMENT ON THE OUTSTANDING BALANCE ON THE VEHICLE.

 

THE CLAIMANT REQUESTS CONFIRMATION THAT THE CLAIMANT HAS IN HIS EMPLOYMENT A STAFF MEMBER CALLED "PETER THE BALIFF", AND THAT PRIOR TO THE REPOSESSION OF THE VEHICLE, THIS STAFF MEMBER HAD STATED THAT THE VEHICLE WAS REPORTED STOLEN TO THE POLICE.

 

THE DEFENDANTS CLAIMS THAT DUE TO POINTS (9) TO (13), THE AGREEMENT HAD BEEN DEFAULTED, TERMINATED, AND THE VEHICLE REPOSESSED UNLAWFULLY.

 

THE DEFENDANT MAINTAINS THAT THE BILL OF SALE IN WHICH THE AGREEMENT IS SECURED IS NOW INVALID. THE BILL OF SALE IN QUESTION AND THE CREDIT AGREEMENT WAS SIGNED AND WITNESSED BY THE SAME PERSON FOR THE CLAIMANT, A MR BERNARD SULLIVAN.

 

SEE EXHIBIT (3) AND (4)

 

THE CLAIMANT QUOTES FROM THE JUDGEMENT

 

Nine Regions Ltd (Trading as Logbook Loans Ltd) v The Office of Fair Trade 2011 UKUT 280 (AAC) (13 JULY 2011)

 

The Attestation Issue was framed as follows:

 

"Is a bill of sale rendered void under sections 8 and 10 of the Bills of Sale Act (1878) Amendment Act 1882 in circumstances where its execution by the Appellants’ customer, i.e. the grantor, is attested by the employee of the Appellants who negotiates, agrees and signs on behalf of the Appellants, the credit agreement between the customer and the Appellants?"

 

For the above reasons I would give the answer "Yes" to the Attestation Issue.

 

CONCLUSION

 

THE DEFENDANT REQUESTS THE COURT TO REJECT THE CLAIMANTS APPLICATION TO REMOVE THE STAY ON PROCEEDINGS. THE DEFENDANT WAS UNDER THE SAME TIME SCALE REGULATIONS TO RETURN DOCUMENTS TO THE COURT AS THE CLAIMANT, AND THE CLAIMANT MUST ACCEPT FULL RESPONSABILITY FOR NOT FOLLOWING CORRECT PROCEEDURE. THE CLAIMANT HAS FAILED TO SEND THE DEFENDANT A COPY ON WHAT GROUNDS IT WISHES TO CONTEST THE STAY IN PROCEEDINGS.

 

IN POINT (10) OF THE CLAIMANTS N244 APPLICATION NOTICE FOR LIFTING THE STAY,NO INFORMATION HAS BEEN ADDED TO SUPPORT THE CLAIMANTS APPLICATION, AND THE DEFENDANT HAS BEEN PUT AT A DISADVANTAGE.

 

THE DEFENDANTS STATES THAT THE CLAIMANTS APPLICATION TO REQUST SUMMARY JUDGEMENT AS WELL AS REQUESTING LIFTING THE STAY IN PROCEEDINGS IS UNWARRANTED DUE TO THE ISSUES CONTAINED IN THIS WITNESS STATEMENT, IF THE COURT DECIDES TO CONTINUE WITH THE SUMMARY JUDGEMENT APPLICATION THEN THE DEFENDANT REQUESTS A HEARING TO DECIDE SUCH MATTERS. THE DEFENDANTS REQUESTS THE COURT TO REJECT THE CLAIMANTS APPLICATIONS.

 

THE DEFENDANT CLAIMS THE FACTS IN THIS WITNESS STATEMENT ARE TRUE AND CORRECT

 

MR xxxxxxx

 

MRS xxxxxxx

 

DATED THIS DAY 05/09/011

 

EXHIBIT 1 IS ON POST 406

 

EXHIBIT 2 IS ON 454

 

EXHIBIT 3 WILL BE THE CREDIT AGREEMENT

 

EXHIBIT 4 WILL BE A COPY OF THE BILL OF SALE

 

 

Pretty good me thinks

 

　

Edited September 7, 2011 by nowayjose
SPELLING

[postggj]

Lets see what finance u come back with now

 

as this will prob be fast track, i will be going for maximum costs now

[car2403]

Why apply for summary judgment if they are so convinced they can win? Me thinks that's a 'toe in the water' approach to see how the Court will approach the claim - if they side with the Claimant, they'll go for it. If not, expect a discontinuance.

 

Based on that witness statement, I can't see how they can continue?

 

Oh, please don't use CAPITALS in your WS - it appears you are shouting.

[postggj]

thanks for the heads up car

this thread is most important now as i believe it will be the first time the log book loans judgement will be used:whoo:in a defence

he realy is clutching at straws with this now and will deserve everything he gets with max costs claimed