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    • Hi just received this from the bottom feeders, I know I have to acknowledge within 14 days.  Its from 2015 so cant find the paperwork for it, but will look.   Parking on private development whilst visiting a friend, not displaying Permit, looked at my friends contract with private landlord, nothing in it about parking.   Are the Particulars of claim sufficient?   Thanks for any advice. VCS CLAIM21 JUNE 2019 F0QZ9V92 EDIT.pdf
    • Thank you. Can you tell us who replaced the rear brakes in June 2019? Who paid for it? One slight problem here is that the amount of money you are dealing with is in excess of £10,000. £10,000 is the County Court small claims limit. When you bring a small claim – less than £10,000 – then even if you lose, you won't have to pay the costs of the other party. Over £10,000 and you will have to pay if you lose. On the basis of what you say here, you have absolutely no chance of losing but on the other hand the fact that you would have to bring the claim on the fast track brings comfort to the other side and they are more likely to employ tactics to intimidate you with the spectre of costs hanging over you in the event that you lose. This is something to take into consideration. You have two choices. One would be to consider claiming for the refund of the entire price plus any ancillary losses. The second would be to claim for repairs. On the basis that repairs will be considerably less than £10,000 I think that I would suggest you go for that. This means that you need to get the car thoroughly examined and get a quote for repairs and generally speaking putting into a proper roadworthy condition. In fact you would need two independent quotations. You would then, with our help, enter the pre-action protocol which would essentially threaten the dealer and also the finance company with 14 days to sort it out or else you will bring a court action and without any further notice. You would only make this threat if you decided to go ahead with it. It's not worth bluffing. Both the dealer and the finance company will probably use all sorts of tactics to delay and to prevaricate. You must not allow yourself to get dragged into any kind of protracted discussion. You make the threat. 14 days. Day 15 – you send them the good news. Once they have the court papers they will then start to realise that you are serious. The finance company will put pressure on the dealer and someone or other will put their hands up. It's up to you if you want to get involved in this kind of action. If not then I think you're going to have a hard slog
    • Ok trying to move this forward. just got a statement with £260 agents fees added even though they have no collected the car! Am I right in thinking this is illegal?   Moving forward is it best for me to submit an N244 with the court to try and stop them taking the car and for these unlawful fees? Could somebody advise what it is I’m asking the court to do as I don’t want extra time to pay as the account is up to date but I don’t want them taking the vehicle because I’m refusing to pay these agents fees!   could really do with some help  
    • The dealer is MK autos ltd in Milton Keynes.   We know the car was serviced by bmw once, as we called to ask but about 2 years ago.  The car was brought for £10,995 but with finance cost total will be £22,000.. Eye watering amount but again we was pushed into a corner. I needed a car my mum has terminal lung cancer and I do all the hospital appointments. We thought that we would be safe for a while at least.   Again I forgot to mention that although the car had a "service" the rear brakes went and were replaced on the 15th June 2019..   We have paid so far in total £2260 in 6 months.   I am prepared to fight this!!  
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sorrylittlelot

Link and car repo - old Lombard car loan

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does cca and sar count for car finance?

i had my car repossed 2 years ago and now have aletter saying i still owe 8k


I'm worse at what I do best and for this gift I feel blessed

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Usually yes. If it was a consumer loan, hp etc. then yes. If it was a commercial loan, unregulated, then different rules apply.

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originaly lombrdo and the debt collector is link financial, i remember siging a cca but i dont have any of the baliff papers.


I'm worse at what I do best and for this gift I feel blessed

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OK, well if it was HP/Secured consumer loan then CCA and SAR is way to go.

Good luck

T2

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any ideas if lombardo are good with their records?

i thought that if they seized the car the debt was written off, and why has it taken 2 years for them to write to me?


I'm worse at what I do best and for this gift I feel blessed

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Sorry, I don't know anything about Lombard.

What normally happens is the car will be sold and the proceeds put towards the o/s balance - at least in the cases I've seen.

Have you moved since? Did Link say they were acting on behalf of Lombard or have they acquired the account?

There is a clear set of procedures that should be adhered to in the run up to a repo, do you remember what happened in the time before? What papers were served? What you were handed after the repo?

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i just remember getting a letter but thats all, i was young n naive then lol


I'm worse at what I do best and for this gift I feel blessed

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Well, the CCA and SAR should give you the answers you need, - assuming they can provide them, of course ;)

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they did take it from a public highway

 

You definetely need to CCA them to get a copy of the agreement!

 

Roughly how much was the finance for? and how much had you paid in total?

 

 

Thanks,

H


I am not a lawyer - I'm an Engineer with an interest in law. Advice is given with out prejudice and is my opinion on the information I have been provided with based on my experience, understanding and interpritation of law. If you are in any doubt please seek the advice of a qualified and insured legal professional.

 

Victories:

Abbey (OH) - £680 ..... Barclaycard (OH) - £2200 ..... MBNA (OH) - £1800 ..... Shop Direct (OH) - £220

Brunell Franklin (a.k.a. Conkers) - Out of "contract" & no charge

:D

 

In Progress:

MBNA (OH) - PPI & bad default with premature termination

Capital One (OH) - ~£800 Penalty Charges

Suzuki Finance/Blackhorse (OH) - Commission, Unlawful removal, PPI, Charges

 

A Lightbulb Shop - "loss of bargain"

 

If i've helped, please feel free to hit the star ;)

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