Honda Finance

[I've got no money]

Does that mean that you haven't ever received them.

 

In that case I'll do (tomorrow - as I'm going out in a minute) a formal CPR Part 18 request

 

I'll get it posted up first thing in the morning

[cheekone]

isn't the apr being calculated incorrect a good defence ?

[cheekone]

recieved a letter from honda today , no DN, no TN, no CCA, as requested on the 27th July , Just a statment of the account , but it does show a different apr to the original arrement

 

What do i have to do to get the court to request the documents from Honda ?

 

Made a cpr 18 request, and the information i got back wasn't what i requested, i requested the DN CCA TN.

 

I phoned the court complaining that they had failed to give me the required info, and they said their was nothing they could do ?

 

help please

 

Their was no cca with the claim either, and it was from uxbridge county court

[42man]

Have you filed a defence as yet ? when is the deadline ?

 

Unfortunately you can't call the court to complain that they haven't complied, you have to put this in at defence and/or Allocation Questionnaire stage....

[cheekone]

It was in reference to my return of goods hearing , and me panicking, but im allright now , as they had the incorrect amount on the DN, TN

 

Which means they been incorectly exucuted

 

Thanks guys

 

Im trying to do my defence now , i will post it when its done

 

As the claiment has failed to supply the requested document i can enter a embarresed defence ?

In the xxxxxxx County Court

 

 

Claim number: xxxxxxxx

 

 

 

 

 

 

 

 

 

Between

 

 

 

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

 

 

And

 

 

 

 

xxxxxxxxxxxx – Defendant

 

1)The Claimant’s Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the Civil Procedure Rules

2)·A copy of the purported agreement cited in the Particulars of Claim has not been served attached with the claim form and there is no statement that this is to follow – contrary to CPR – Part 16 – Rule 16.2(2).

3)·A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged account, has not been served attached with the claim form and there is no statement that this is to follow – contrary to CPR – Part 16 - Rule 16.2(2).

 

 

4)In correspondence dated 24/07/2009 sent via Royal Mail Recorded Delivery, the Claimant was asked to provide information, in accordance with the Civil Procedure Rules.

The Claimant has thus far failed to supply any of the requested information or copies of documents. It is requested by the Defendant that the court, in accordance with CPR - Part 18, orders the Claimant to comply with the following request for information:

· Inspection of the original written agreement upon which the Claimant’s claim is based and/or for the original agreement to be made available in court.

· A true copy of the written agreement.

· A true copy of the default notice.

· A copy of all statements and/or transactions detailing how said claim of £XXXX.XX has been attained.

· Details of any collection charge(s) added to the account - specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge encompasses.

· Specific details of the fees/charges levied by any other agency in respect of this account, a detailed breakdown of said fees and/or charges, and what each charge relates to and on what date said fees and/or charges were levied.

· A true copy of the Notice of Assignment sent by the Assignee to the Defendant in compliance with section 136 of the Law of Property Act, 1925.

· ·A copy of the assignment, giving the Claimant entitlement to the make the claim.

· A genuine copy of any notice of fair use of my data as required by the Data Protection Act, 1998.

Without clarification of the Claimant’s claim, the Defendant is extremely disadvantaged and the Claimant’s claim appears without merit.

5 the Defendant is unable to plead effectively or at all. The Defendant is embarrassed.

6. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents

 

BELIEVE THE FACTS SET OUT IN THIS DEFENCE TO THE BEST OF MY KNOWLEDGE ARE TRUE.

 

 

Signed: XXXXXXXXX

[42man]

Looks ok to me...but another opinion might be useful...

[cheekone]

Thank You

 

How do you prove a incorrect apr rate in court

[cheekone]

I got a court hearing tommorrow, and the claiments solicitors have been on the phone trying to make a deal, and get my defense out of me.

[Baggio]

I got a court hearing tommorrow, and the claiments solicitors have been on the phone trying to make a deal, and get my defense out of me.

 

what they offering?

[cheekone]

me to return the goods, i told them to fook off

[cheekone]

I lost , even though the interest rate , was incorrect, the agreement was unsigned by the creditor

[cheekone]

can a judge refer to term and conditions, in a unenforcable agreement ?

 

cheekyone

[BankFodder]

I think that you wil have to provide more detail

[cheekone]

I think that you wil have to provide more detail

 

The agreement was for 37 months and i never returned the car ,

 

 

the judge said that being so the agreement was for 37 months the company was allowed to charge contractual interest ,

 

 

and as the agreement had been over run there was no contract

[42man]

What ? an unexecuted agreement !!!

[cheekone]

Yes, the judge kept on reffering to the terms and conditions

[bazaar]

You may need to consider an appeal here, but you'll need to be sure you want to do that, sounds like the judge was a bit of a duffer

 

there should have been an executed agreement and IMHO the judge got it wrong.

[cheekone]

He took no notice of me at all, im going to complain to the fsa

[bazaar]

Go through all your paperwork and lets see whether its worth the appeal. Concentrate on this first, your complaint can come later. It really does sound like the judge just wasnt up to speed on the law, so your arguments must get him/her to see your point. With a little work im sure youd get somewhere.

[cheekone]

think i should get a solicitor this time if i appeal

[GamekeeperToPoacher]

I hope that you used your good manners and told them to fook off please:D

[bazaar]

You could, but youd need one who is familiar with the Consumer laws and statutes. Maybe try to do some of your own footwork and you might be able to save money

[cheekone]

Im going to appeal, but im going to need help

 

Am i right in thinking that a agreement not dated or having a creditors signature prior to 2006 can not be enforced by a court

 

Im always polite

 

Does anyone know where i can find out in the cca, where a court cannot enforce a agreement if it doesn't have a date and creditor signature

 

Also where it states that a judge cannot use the powers of the 2007 cca on a agreement made in 2004

[bazaar]

Ive highlighted this thread, you might not get a response this weekend, but we need one of the site team to give you a good cause for appeal. Which IMHO is what youve got, youve already stated the obvious which would get your appeal going, so we just need to put it in the correct context for the appeal

[cheekone]

Bazaar , im going to scan everything in on tuesday and put it up for everyone to see, thankyou