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

[postggj]

ANYWAY

 

SAME AS LAST TIME

 

IF THIS GOES TO TRIAL

 

IS WELSH LAMB STILL ON THE MENUE:lol:

[postggj]

IME REALLY STARTING TO ENJOY THIS NOW

 

LAMB IS JUST TO EXPENSIVE AT THE MOMENT:smile:

[postggj]

i have to move the case to my local court again, and work on my poc, they will be different than last time.

 

 

we will acknowledge in 10 days time

 

ill handle the defense and counter claim, it will be my pleasure

 

ime going to hang,draw and quarter him this time in court

[postggj]

Indeed

 

invalid default notice can be remedied, the harrison judgement takes care of that

 

but i take your point on non disclosure to the claimant until its in a defense

 

i have also had my union barrister have a quick nose on it and is in agreement

 

ill have confirmation in a few days

[postggj]

gve me the weekend

we have 14 days from acknowledgement

[postggj]

just confirm nowayjose when you acknowledged the claim as we then have 14 days to put in the defense

 

many thanks

[postggj]

Ive now done a draft defense for you to send to the court

 

do you want me to email it to you by atachment

 

do you want me to post up the draft defense on your thread

 

regards

 

 

remember

 

we will still have witness statements to do as well later on

[postggj]

IN THE XXXXX COUNTY COURT

 

CLAIM NUMBER: XXXXX

 

DATED THURSDAY 07 JULY 2011

 

BETWEEN:

 

CLAIMANT

DAVID MICHAEL EVANS

-AND-

XXXXXXXXXXXXXXXXXXXXXXXX

DEFENDANT

DEFENSE

 

1. I, MR XXXXXX OF XXX XXX XXXXX WITH MY WIFE A MRS XXXXXJOXXX ARE THE DEFENDANTS IN THIS ACTION.

 

2. I MAKE THIS STATEMENT IN SUPPORT OF MY DEFENSE TO DISMISS THIS PETITION.

 

3. THE DEFENDANT ADMITS THAT THEY ENTERED INTO A FIXED SUM LOAN AGREEMENT WITH THE CLAIMANT AND NOT A CREDIT AGREEMENT AS STATED IN THE CLAIMANTS PARTICULARS OF CLAIM ON THE 27TH JANUARY 2007.

 

4. ON THE 07/01/2009, THE CLAIMANT REPOSSESSED THE VEHICLE IT ALLEGED WAS SECURED BY WAY OF A BILL OF SALE AGREEMENT SIGNED ON THE 27/01/2007.

 

5. THE FIXED SUM LOAN AGREEMENT WAS DEFAULTED ON THE 29/01/2008 AND SUBSEQUENTLY A TERMINATION NOTICE WAS SENT TO THE DEFENDANT.

 

6. THE DEFENDANT THEN RECEIVED A CLAIM FORM OUT OF CARDIFF COUNTY COURT.

 

7. THE DEFENDANT STATED THAT THE DEFAULT NOTICED SUBMITTED FAILED TO COMPLY WITH THE CONSUMER CREDIT (ENFORCEMENT,DEFAULT AND TERMINATION REGULATIONS 1983 (SI 1983/1561)

 

8. THE CLAIMANT SUBSEQUENTLY WITHDREW HIS ACTION BY WAY OF AN N279 NOTICE RECEIVED ON THE 20/10/2009

 

9. THE DEFENDANT THEN RECEIVED ON THE 07/12/2009 AN ENFORCEMENT NOTICE SERVED UNDER SECTION 76 (1) OF THE CONSUMER CREDIT ACT 1974 STATING THAT THE DEFENDANT HAD SOLD OR DISPOSED OF THE VEHICLE (SEE EXHIBIT 1) DEMANDING FULL PAYMENT BY THE 24/12/2009

 

10. THE CLAIMANT THEN SENT THE DEFENDANT A DEFAULT NOTICE SERVED UNDER S.87 (1) OF THE CONSUMER CREDIT ACT 1974 DEMANDING THE FULL OUTSTANDING BALANCE, NOT THE CURRENT ARREARS, REFERENCING THE NOTICE SERVED ON THE 7/12/2009.

 

11. THE DEFENDANT THEN RECEIVED A FRESH CLAIM FROM THE CLAIMANT ON THE 15/06/2011

 

BILL OF SALE

 

12. THE CLAIMANT MAINTAINS THAT THE FIXED SUM LOAN AGREEMENT WAS SECURED BY WAY OF A BILL OF SALE SIGNED ON THE 27/01/2007 AND REGISTERED ON THE 02/02/2007

 

13. THE CLAIMANT STATES THAT THE BILL OF SALE MENTIONED IN THE PARTICULARS OF CLAIM ARE COMPLIANT WITH THE 1882 BILL OF SALES ACT.

 

14. THE DEFENDANT CONTENDS THAT THE BILL OF SALE QUOTED IN THE PERTICULARS OF CLAIM IS INVALID AS IT FAILS TO FOLLOW THE CORRECT LEGISLATON AND THE DEFENDANTS INVOKES THE TERM VERBATIM (word for word) WHICH MUST CONTAIN ALL THE PRESCRIBED TERMS IN THE 1882 ACT.

 

The statutory requirements for a bill of sale to be valid.

 

1. The bill of sale must be in the correct form and contain the prescribed information contained in the 1882 act.

 

2. The bill of sale must be registered.

 

If either requirement is not met, the bill of sale is void

It will be rendered void if it does not contain:

 

• The date of the bill
  
• The names and address of the parties
  
• A statement of Consideration
  
• An acknowledgement of the receipt of the advance
  
• An assignment by way of security of particular goods, capable of description
  
• Statements of the sum secured, the rate of interest and the instalments by which repayments are made,
  
• Agreed terms for the maintenance of security
  
• A clause limiting the grounds of seizure to one of the following:
  
  • Default with the repayments or any covenant of the bill
    
  • Bankruptcy or seizure of the goods for rent, rates, or taxes.
    
  • If the granter fraudulently removes goods, or arranges for their removal
    
  • If execution has been levied against the goods
    

   

  [*]A schedule containing a description of the chattels

  [*]Execution (signature) by the granter (borrower)

  [*]A statement in the form of the 1882 act

  [*]Attestation by a witness not a party to the bill

  [*]Registration

STATEMENT IN THE FORM OF THE 1882 ACT

 

Section 9.SCHEDULE Form of Bill of Sale This Indenture made the day of , between A.B. of of the one part, and C.D. of of the other part, witnessed that in consideration of the sum of £ now paid to A.B. by C.D., the receipt of which the said A.B. hereby acknowledges [or whatever else the consideration may be], he the said A.B. doth hereby assign unto C.D., his executors, administrators, and assigns, all and singular the several chattels and things specifically described in the schedule hereto annexed by way of security for the payment of the sum of £ , and interest thereon at the rate of per cent. per annum [or whatever else may be the rate]. And the said A.B. doth further agree and declare that he will duly pay to the said C.D. the principal sum aforesaid, together with the interest then due, by equal payments of £ on the day of [or whatever else may be the stipulated times or time of payment]. And the said A.B. doth also agree with the said C.D. that he will [here insert terms as to insurance, payment of rent, or otherwise, which the parties may agree to for the maintenance or defeasance of the security]Provided always, that the chattels hereby assigned shall not be liable to seizure or to be taken possession of by the said C.D. for any cause other than those specified in section seven of the Bills of Sale Act (1878) Amendment Act, 1882.In witness, &c.Signed and sealed by the saidA.B. in the presence of me E.F. [add witness’ name, address, and description.].

 

15 THE BILL OF SALE WAS WITNESSED BY A MR BERNARD SULIVAN BEING A CLERK OF THE CLAIMANT, FINANCE U LTD

 

16 AN EMPLOYEE OR REPRESENTATIVE OF FINANCE U LTD IS PROHIBITED UNDER THE 1882 BILL OF SALE ACT 1882 TO WITNESS THE AGREEMENT, AND INVALIDATES THE SECURITY.

 

17 THE BILL OF SALE IS VOID FOR NOT BEING IN THE STATUTORY FORM AND AS A CONSEQUENCE THE CREDIT AGREEMENT SECURED AGAINST IT BECOMES UNSECURED.

 

COUNTER CLAIM

 

(A) THE DEFENDANT COUNTER CLAIMS AND SEEKS AN ORDER UNDER SECTION 140 OF THE CONSUMER CREDIT ACT 1974 TO BE RELEASED FROM ALL OBLIGATIONS UNDER THE SAID AGREEMENT DUE TO AN UNFAIR RELATIONSHIP.

 

(B) AN ORDER UNDER SECTION 140 OF THE CONSUMER CREDIT ACT 1974 FOR THE RETURN OF ALL MONIES PAID DUE TO UNLAWFUL RECESSION OF CONTRACT BY THE CLAIMANT DUE TO THE REPOSSESSION ON THE ORIGINAL DEFECTIVE BILL OF SALE AND DEFAULT NOTICE, AND COMPENSATION UNDER SECTION 92 OF THE CONSUMER CREDIT ACT FOR THE UNLAWFUL REPOSSESSION OF THE VEHICLE WITHOUT A VALID COURT ORDER OR CONSENT.

 

© THE DEFENDANT ALLEGES THE CLAIMANT COMMITTED AN ACT OF CONVERSION BY REPOSSESSING THE VEHICLE WITHOUT A VALID DEFAULT NOTICE COMPLIANT WITH THE DEFAULT AND TERMINATION REGULATIONS 1983 AND REQUESTS DAMAGES AT THE DISCRETION OF THE COURT.

 

STATEMENT OF TRUTH

 

I, MRS XXXXX XXX XX AND MR XXXXXX, BEING THE DEFENDANTS IN THIS PETITION, BELIEVE THE FACTS WITHIN THIS DEFENSE STATEMENT TO BE TRUE

 

SIGNED:

 

DATED: 07/07/2011

Edited July 6, 2011 by postggj

[postggj]

That will give them a thing to think about:-)

[postggj]

If he wants to put this in front of a judge then i will be by your side to rip him to shreds

[postggj]

remember to enclose the letter in page 406 and label it exhibit 1

[postggj]

and the letter in page 469

 

label exhibit 2

[postggj]

still no news nowayjose:-)

 

i thought that defence would give them something to think about

 

i believe it cost him £1500 last time just in court fees

[postggj]

it will all go into the first witness statement

[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

[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

[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

[postggj]

he has to pay the allocation fee, shame that,

 

you do not

 

speak thursday night

 

regards

[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:-)

[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

[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

[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