Mercedes Benz Disaster with M.B.Finance

[carpinjoy]

Still waiting for an answer on that one, do I request info on the cpr for the ins.

[Spamalot]

Hi Carp,

 

You can request anything and everything that you need to see to structure your defence... therefore add to your list whatever you want to look at and check the details of. All paperwork relating to the claim should be made available for you.

 

Spam.

[beachcomber60]

carp.

 

Re: that insurance query, I have exactly the same wording on my agreement, and I didn't take GAP insurance - the plot thickens.

 

Beachy

[carpinjoy]

very interesting that Beachy, is it a standard statement on all of their agreements and then if applicable put the figures in the appropreate place.

[beachcomber60]

I think so, but on the other hand why put something in an agreement that doesnt apply ?

[carpinjoy]

I agree, bit strange that, it might just be that we have something there, we need someones advice on that point.

[Spamalot]

Just bumping your thread Carp..

[carpinjoy]

Help required please, PINNICLE issue have I any chance of a defence.

[beachcomber60]

Mornin' Carp. & Spam (if your around )

 

After being a cagger for just over 12 months now, I feel bitterly disappointed (for you as well as myself) that we both face court proceedings & that there is no one on CAG that can assist us, with exception to Spam who has given us tremendous support.

 

Loans, credit cards, tax, rates, utility bills, wheel clamping - you name it & help is there. Unregulated credit agreements - zilch, nowt, nothing.

 

Lambs to the slaughter springs to mind.

 

Thats my beef for the day, just did this to bump your thread to try and keep it on the first page of the new postings.

[carpinjoy]

Cheers mate, you never know someone may take pity on us, as for you Spam, thank you so much for all of your help & support, even if it is not the best subject for you , you have been tremendous THANK YOU.

[beachcomber60]

Spam, thank you so much for all of your help & support, even if it is not the best subject for you , you have been tremendous THANK YOU.

 

SECONDED

 

Beachy

 

( Thats another bump )

[Spamalot]

Morning Carp,

 

Thanks for the thanks..

 

When is the deadline for you to submit a defence to your claim? And have you acknowledged service of it yet?

 

Spam.

[carpinjoy]

Morning Spam, I was served on the 10th Aug, so given that I have 14 days + 5 gives me untill 29th to have it submitted. I have not acknowledged service yet, hoping for the calvary to come up with something regarding some sort of defence.

[Spamalot]

Ok,

 

So we still have a few days... good... we need to establish whether the default notices on an unregulatd agreement are covered by the CCA 1974 because if they are then I believe your one would be invalid...

so thats something else we need to research..

 

I've been a bit busy the last couple of days but I'll carry on researching to see if we can come up with anything..

 

Just keep bumping your thread to the top of the heap to keep it active.

 

Spam.

[beachcomber60]

Hello Spam.,

 

can I make a bump as well

[carpinjoy]

Thanks Spam, I have tried looking in all sorts of places ,on lots of different sites, nothing so far. Why is the default in question 42man looked at it and the dates when issued were ok.

[carpinjoy]

Sorry mate, did not know you were there, I should have looked below Piers Morgan comes to mind.

[beachcomber60]

Sorry mate, did not know you were there, I should have looked below twit comes to mind.

 

'ere who you calling a twit

 

I am never far away, either on pc or iPhone when I go out

[carpinjoy]

ME, certainly not you. Speak soon got to go out, keep well both of you.

[beachcomber60]

Carp. maybe worth a read from an another thread of mine regarding MBF,

Reply was from ukaviator

 

Hi Beachcomber

 

A customer has no Voluntary Termination rights and no increased protection from repossession regardless of amount paid on the agreement APR, Total Amount Payable, Half and Third of Total Amount Payable do NOT apply to Unregulated Agreements and do NOT appear on Unregulated documents. Once executed, a customer cannot cancel the finance agreement. Even though this is an unregulated agreement they still have to abide by the OFT Debt Collection Guidelines as well as the Consumer Protection from Unfair Trading Regulations though, so there maybe something there you could use.

 

Until 6 April 2008, agreements were excluded from regulation if the amount of credit or hire exceeded £25,000. However, this financial limit was removed for all new credit and hire agreements by the Consumer Credit Act 2006. Pre-existing agreements above £25,000 remain outside CCA regulation. When was the loan taken out?

 

The Office of Fair Trading: Exempt agreements

[beachcomber60]

Just found this thread, instructed by OH to cut the grass so now busy

 

Haven't got time now to raed thread so may PM the OP of this thraed later

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/178390-credit-agreements-over-25k-3.html

 

beachy

[Spamalot]

Thanks Spam, I have tried looking in all sorts of places ,on lots of different sites, nothing so far. Why is the default in question 42man looked at it and the dates when issued were ok.

 

A default notice if it is covered by the CCA 1974 should give you 14 + 4 days to remedy.

 

Your default is dated 10.3.09 and they want payment by 17.03.09... that gives you less than 7 days... therfore it would be invalid..

 

Under CCA 1974 an agreement is terminated unlawfully if a valid default notice has not been served therefore it is imperetive that we find out if unregulated agreements need to serve a valid default...

 

Spam.

[carpinjoy]

Got you Spam, I will have a good search on the net, see what I can find out

[beachcomber60]

A bump for the weekend shift

[carpinjoy]

I have searched the net, with no luck regards default notices (time span) I think Monday I will go to my local cab and see if there is help to be had. How did the shopping go mate?, I have managed to avoid that faining illness lots of times HA HA.