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Mercedes Benz Disaster with M.B.Finance


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If anyone has been following Beachys thread (demanding 14K in 7 days) then you will know my plight. I am in exactly the same position, same car company, same solicitors, same 7 days, I put in for help to their sols, sent a CCCS report, all to no avail, next step court. That is breify it, I am going to SAR M.B.Finance today. Have a look at the agreement tell me what you think. I have been told on Beachys thread that they can turn the unregulated into a regulated loan and then I suppose put a charge on the property, does that then mean they can make me sell the property to clear the debt. Please some feedback needed.

M.B..pdf

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CPR is when you request to see documents under Civil Procedure Rules.

 

Ie you get a court order to get the documents disclosed it costs £40

 

Spam.:)

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They say money talks......mine just keeps saying "Goodbye"

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Am I right in presuming that the legal process has to be started in order that it costs nothing to get the CPR, otherwise it would cost me the £40 if I try now?.

Hiya.

 

Court Fees

 

This site is an information about the fees and whether you need to pay them with regards to income... I believe once a court case has started you can ask the judge to give an order but I'm not 100% on that. I will try and find out.

 

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They say money talks......mine just keeps saying "Goodbye"

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Well I have today recieved my court papers for Northampton, do I admit to all that is being claimed by M.B., also do I have to go to Northampton court, can it not be dealt with closer to home, I have never been to court before, do I take everything I can to demonstrate the financial position that I am in , or does it not matter as the judge wont look at it. HELP REQD ONLY GOT SO MANY DAYS TO GET THIS RIGHT.

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Hi Carpinjoy..

 

Firstly... If you are going to defend the claim you would not have to go To Northampton.. It would be heard at your local court.

 

We really need to find out if all the paperwork you have on this agreement is 'up to snuff' so the agreement needs to be looked at by an 'expert' to see if it is enforceable or not.

 

Has anybody given you an opinion on it yet?

 

Spam. :)

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They say money talks......mine just keeps saying "Goodbye"

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No one has had a look as yet, is there anyone you could have a word with, thanks Spam

 

I'll have a look and see who is online and see if I can point anyone in your direction.

 

Spam. :)

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They say money talks......mine just keeps saying "Goodbye"

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Hi Carp.....firstly can you post up here the Particulars Of The Claim, but don't be EXACT with the amounts.....don't mention reference numbers or account numbers.....the first step is a CPR off to the opposing solicitors....but this has to be relevant and in line to the particulars as there are several options.....

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Hi,

 

I've Pm'd a mod asking them to look in and advise as I am unsure of the procedure with unregulated agreements etc.

 

Also, if you are going to defend this claim, I believe you can do so online and once you have acknowledged it you will have more time to prepare your defence.

 

And yes, that is when you can use CPR to your advantage.

 

Spam.:)

 

42 man very quick off the mark.... thank you.

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They say money talks......mine just keeps saying "Goodbye"

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When I requested minimum payment via their sols, I also sent the CCCS report, they would not accept my token payment. You cant pay what you dont have. All other crediters have accepted minimum payments untill my situation improves, allthough my big worry is what the hell can happen to me at court.:mad:

M.B.Info.pdf

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Hi Carpinjoy,

 

The default notice you have uploaded has given you less than 7 days to remedy.

 

Now, this is where I have no idea with regards to regulated/unregulated agreements and whether it comes under the CCa 1974 with regards to default notices but if it does, they have not given you enough time to remedy your arrears and have terminated the agreement unlawfully.

 

This is where you need the experts to advise because I don't know what the differences are between regulated and unregulated... Sorry.

 

42 Man has asked for the POC which is the Particulars of Claim which should have arrived with your County Court Claim form..

 

It should be something like... By an agreement dated xxx between MBF and Carpinjoy .... default issued... carpinjoy failed to pay... we claim XXX

 

Can you post that info for us to look at to see what they are claiming?

 

Thanks

 

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They say money talks......mine just keeps saying "Goodbye"

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As it is unregulated then i'm not sure.....you could ask for the paperwork (did you get a termination notice ?)....under the CPR rules...which you can find here - and hope that under the CPR you might win if they don't comply with producing originals or copies of the paperwork under judges orders...... - http://www.consumeractiongroup.co.uk/forum/legal-issues/185051-claim-form-received-today.html#post1992524 - send this recorded

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