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

[postggj]

hope you dont mind me butting in

 

this depends on what agreement was signed,

was it hp, conditional sale, was it by bill of sale,

 

the default notice,

 

i dont see many that are correct so are crap,

crap default notice = all you will be liable for are the arrears up to the default.

 

i could go on and on so the best thing to do is the following.

 

post your agreement and the default notice onto this thread,

google photo bucket and upload with out thumbnails.

deleate all personel details but leave in the figures and ill tell you whats what

[postggj]

you are correct

bills of sale have to be registered in the high court

[postggj]

evening

got you message,

 

on this one now, you need to send the finance co an sar,

this will cost you ten quid and be sent recorded delievery

 

you need to be requesting a copy of the default notice and a copy of the signed, executed, and registered bill of sale with the court stamp

iclude that bit in the letter below

 

i can assur you that they wont like that

 

 

DATA PROTECTION ACT 1998

FULL SUBJECT ACCESS REQUEST

 

 

Dear Sir/Madam

Your name: xxxxxx

Account No/ No’s

 

 

 

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts And or credit cards

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and or credit cards, payment protection insurance and other products. Alternatively a complete set of statements and agreements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

 

- A complete list of all transactions or statements relating to ALL of my Loan Accounts and or credit card with your organization.

 

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

I enclose a cheque in the sum of £10 to cover your fee.

 

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIATELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.

 

I look forward to hearing from you in the first instance of receipt.

 

Yours faithfully

 

include those bits about the default notice and bill of sale

 

print, never sign your name

[postggj]

i dont want to get your hopes up but lets wait for all the info to be produced first

 

then attack in force

[postggj]

next thing

 

in your sar did you get a default notice,

 

please post minus personel details if you have it

[postggj]

its the default notice just before they started litigation

[postggj]

make that the default notice just before they took they car

[postggj]

please post jan 8 default notice

 

am i reading this right

 

you got the default notice on jan 8

on the 7 jan they took the car

 

is this all 2008

 

please confirm as important and post that default notice

 

i

[postggj]

so there was no default notice in your sar for the period

29/01/08

 

and jan 09

 

oh happy days

[postggj]

can you post the very last default notice received from your sar ,i know its irrelevent as you cleared the arrears but just checking

[postggj]

Just As I Thought

Default Notice Is Crap

 

You Are In For One Hell Of A Pay Day

[postggj]

Sending A Pm For Obviouse Reasons

[postggj]

to begin with, can you post up the poc

 

pertic of claim

[postggj]

You Have 14 Days To Acknowledge So We Will Use Them

 

We Have Been Waiting For This

 

The Crap Default Notice Comes Into Its Own Now

 

May I Ask How Much Are You In Arrears Before They Sent The Default Notice

 

They Are In For A Nasty Surprise

 

Are A Solicitors Dealing With This Or The Finance Co

[postggj]

The 2008 Default Notice

Was It One, Two, Three Months Worth Of Payments

[postggj]

Back Soon

 

Ill Dig Out The Relevent Legislation

[postggj]

Well We Have Them On The Default Notice And As A Court Claim Has Begun, Its Tough Luck For Them.

 

Now For This To Work, You Need Over The Next 3 To 4 Months Get Together £653

 

If You Get A Ccj,

Pay That With In 30 Days And No Ccj Would Be Registered And Kiss Goodby To The Balance Also

[postggj]

Nowayjose

Sitdown And Relax And Ill Try And Explain

 

They Have Terminated The Account By Sending You A Flawed Default Notice

 

Now You Were Very Good In Not Telling Them This, Now A Court Claim Has Started, Its Game Over

 

All They Are Entitled To Are The Arrears Up To The Default Notice,

The Remaning Balance Can Now Be Classed As A Gift Being They Have Terminated The Agreement

 

Pay The Arrears, No Ccj Recorded And No More Debt

 

Honest, Gospel I Know It Sound To Good To Be True But No Bovine Excrament

 

Ill Do A DefEnce, I Take It Its Mcol To Acknowledge Service

[postggj]

They Cant Terminate An Account With Out First Sending A Default Notice

That Gives 14 Days To Rectify

 

The Beauty Of This Is It Goes In Your Defence And They Have To Reply To Your Comment

 

Me Thinks They Will Be Withdrawing The Summons

 

 

Ime Sure Pt

Surfacegent

Jonchris

 

They Will No Doubt Comment And Confirm

 

Pay The Default Ammount And You Have Won

[postggj]

ENJOY

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/165197-default-notice-re-issue.html

[postggj]

hi nowayjose

 

a creditor issue a county court claim

you then have 14 days to acknowledge service

you then have two weeks to put in a defence

the other side has to then produce docs as you request them under civil procedure rules

 

a court bundle is then prepared, this gives the creditor or defendant a chance to refute the allegations

 

then a trial date will be set

 

 

ALL DOCUMENTS EACH SIDE WISH TO USE IN COURT

 

MUST BE GIVEN TO EACH SIDE PRIOR TO TRIAL

 

 

ISSUING A COUNTY COURT CLAIM IS ONE THING

GOING THROUGH WITH IT IS ANOTHER

[postggj]

Hi Nowayjose

 

Not Forgot About You

 

Still Time

[postggj]

hi nowayjose

 

first thing is to tick box 1

 

you are defending all the claim

 

we then have two weeks to do the defence

 

remind me

 

do you have the n1 or is it mcol

[postggj]

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

Send this letter by recorded delivery

 

 

this needs to go to the solicitors who did the claim

 

wait for the go ahead so i can edit it a bit

[postggj]

remind me again when you received the claim form

 

you can leave that blank because as soon as the claim has been acknowledged, the defence can be sent later

 

you cant do a defence yet as you are waiting on docs ref your cpr request

 

you dont need the income and exp

 

its just getting the claim acknowledged for now

 

this one, return to your local court by hand or send special d