Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Tiz Wurse Den Wonga... Mai Hert Iz Bruken       
    • Hi all, the company have just called me and offer me £500 to get myself a sat-nav...   So if admin team want to scratch this topic from the record, please feel free...   If not then thank you anyway 😃
    • use our search top right as you should be ... Lowell claimform   dx
    • Well I don't really want to go to court but I will go all the way no point in giving up now!!!
    • Hey everyone, I am hoping I can get some guidance with a car I recently purchased.   I have been looking around for a newer car and thought I would check out those internet car seller folks.   I found a car I liked and the description said it had all the things I wanted, so I paid the deposit, applied for finance, which I got, and opted for a PCP contract, paid my deposit and got my order confirmed. The car was delivered on Monday 1st June. First I must say that overall I am really very happy with the car, it is almost exactly what I wanted, I am delighted with the general condition, the way it drives and would not be too keen on letting it go if I have no need to do so.   So, the first thing, it was just under 700 miles over the quoted mileage, and I know that's not a lot. Still, that's not the point, the number is excessive, considering the place it came from is only about 200 miles from me. I have spoken to them about the mileage. They said it was a clerical error, which I do not believe, they have however agreed to refund me for 400 miles, which I decided to accept as I figured at least they have agreed to pay for just over half of the miles and did not want to be too unreasonable about it.   The second thing, and this is the one that is really the stumbling block. The cars headline said: 'FORD FIESTA HATCHBACK 1.0 EcoBoost 125 Titanium X Navigation 3dr'. Though the full advert is no longer visible, part of it still is, https://www.buyacar.co.uk/ford/fiesta/fiesta-hatchback/1-0-ecoboost-125-titanium-x-navigation-3dr-73955 and this is the car I bought.   So after checking it over upon delivery, and going around it with the delivery chap, all looked fine, and I decided a little drive was in order.   So off I went to put some fuel in, and while at the fuel station figured I would check out the sat-nav and this is where the problem is, there is no sat-nav. I checked the book, there is no slot for the navigation sd card, no button to turn on the nav, aka, no nav, none.   So I emailed them, and the response I got was: 'Thank you for your email, and I am sorry to hear you are not fully happy with your new purchase. This vehicle was not advertised with Sat Nav, so I am unsure where you feel you read the description you have provided?' ... ... 'In regards to the description of the vehicle, I have checked this on the order form, and the finance documents that were both sent to you and signed and the description of the vehicles reads as FORD FIESTA 1.0 TITANIUM X 3d 124 BHP hatchback.'   So I have pointed out the fact that there was not only a headline stating that the car was Navigation version but further, down the page, there was also a mention of it.   I also said to them, despite me signing said documents, I felt no need to recheck it because the wording navigation appeared several times in the advert which was enough for me to accept it was a version with navigation.   I also said, the order form nor the finance documents also make no mention of other stuff either like climate control, automatic folding mirrors, infact they do no mention any features, only that it is a FORD FIESTA 1.0 TITANIUM X 3d 124 BHP hatchback, so I have refused to accept this as an excuse and an attempt to lay the blame for this mistake at my feet. I honestly thought I was purchasing a car with sat-nav, based on the information provided by them.   I am awaiting a call from them but they have so far today failed to get in touch so figure I would use this waiting time to ask some of the more experienced members about their thoughts on where I stand with this.   Am I in a position for example to ask that they fit sat-nav? If they ask for the car back and put me in a position with no car again how does this work out? Am I flogging a dead horse?   Any advice please would be very much appreciate.   Thanks all.
  • Our picks

rippedoff15

Family Business Loan - Signed Promissory Note - SD Failed - Now a Claimform

Recommended Posts

If you don’t want to make any mistakes : when are you going to post the <redacted> PofC ?

Share this post


Link to post
Share on other sites

This is the PofC on the court papers 

 

1. On 31st July 2008 the Creditors ( Mr & Mrs XXXXX ) advanced the sun of £20,000.00 by way of personal loan to the debtor and her husband, Mr XXXXXX who was subsequently adjudged bankrupt

 

2.On 29th September 2009 the Debtor and her husband signed a promissory note, confirming that the debt was repayable on demand, and her husband made number of payments towards reducing the balance, thereby acknowledge the existence of the debt.

 

3.The final such payment of £125.00 was made on 1st September 2014. No subsequent payments have been made.

 

4.A Demand for payment was made on 6th march 2017 which was ignored and i received no correspondence from the debtor

 

5.As of 12 March 2020 the outstanding balance is £27,660,.88

 

Claimed Amount £27,660.88

Court Fee`s £1,244.74

Total Claim £28,905.62

 

 

Point 4 the claimant issued a Statuary Demand 

Share this post


Link to post
Share on other sites

Can you remind us how they arrived at the figure of £27,660.88 please?

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

The original sum paid to the business was £20,000 we repaid approx £13,000 and since then they have been adding interest 

 

In real terms we have paid £13,000 and they now demand another £27,660.88 plus court cost giving total of over £40,000

 

 

 

Share this post


Link to post
Share on other sites

3.The final such payment of £125.00 was made on 1st September 2014. No subsequent payments have been made.

 

so can't be statute barred then...??

 

is the above correct? payments were being made until this date?

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

According to our record the last payment was 1st August 2013, if they are correct and we hope they are wrong they class falls on where the Promissory note is legal as they are using the note as the main part of there claim.

Share this post


Link to post
Share on other sites
On 10/01/2015 at 11:09, rippedoff15 said:

Well today we have had a letter from a solicitor informing myself & my wife that they are now intending to recover the debt,

 

 

he is asking for a mediation meeting as we are not speaking ( 6 years now ) not realistic ,

 

 

The other party paid to my business £20k which was paid directly to the business bank account

the business went into administration.

 

 

After the business went bust i myself following an illness was declared bankrupt and lost everything including our house.

 

 

They demand we sign a promissory note for the debt,

to date we have repaid over £11k

however as they are adding interest the debt claimed is now back to £20k

 

I have been repaying every month £125.00 which is all we can afford

and now they have instructed a solicitor,

therefore we are now at a point and totally unsure what we action we can take apart from filing joint bankruptcy.

 

Can anybody help in this matter

looks like you were paying them..not sb'd

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Afternoon

 

I have double checked and cannot find any payments since the Aug 2013, overall they must prove it`s not SB and there not they are saying they debt is enforceable as they have a promissory note. if our defence states SB information and the Promissory note not Executed as Deed or any consideration would this be acceptable

 

  

Share this post


Link to post
Share on other sites
1 hour ago, rippedoff15 said:

According to our record the last payment was 1st August 2013, if they are correct and we hope they are wrong they class falls on where the Promissory note is legal as they are using the note as the main part of there claim.

 

I don't think that their case rests solely on the promissory note.  I think they are claiming there was an agreement to lend you (or your wife, or both of you, or your business) £20k and that you would pay it back.  I suspect they then came up with the idea of using a promissory note to reinforce or confirm that agreement some time after the fact.  (Do they have a solicitor?  I suspect not otherwise they would have been told it needed to be executed as a deed if there was no consideration).

 

If the court kicks out the promissory note they'll just try to establish that there was still a loan and an agreement to pay it back.  And that would be quite easy to do if you've already paid back £13K.

 

How come you don't seem to know when you last made a repayment?  The claimant has given a specific date - just within six years which is why they are making a claim now.

 

I see you've just posted again...

2 minutes ago, rippedoff15 said:

Afternoon

 

I have double checked and cannot find any payments since the Aug 2013, overall they must prove it`s not SB and there not they are saying they debt is enforceable as they have a promissory note. if our defence states SB information and the Promissory note not Executed as Deed or any consideration would this be acceptable

 

  

 

Share this post


Link to post
Share on other sites

I couldn't edit the above.

 

Are you sure they need to prove it's not statute barred?  I would have thought that's for you to prove, not for them to disprove.* They clearly state in the claim that "you" made a payment in September 2014.  I'd be surprised if they included that without being able to back it up.  Are they lying?  Can you show it's not true?  Could your wife have made a payment to her twin sister without you knowing?  Your record keeping can't exactly be said to be meticulous

 

In your defence you will need to deny that such payment was ever made.  It's not all about the promissory note.

 

*I must admit I don't know, but I doubt that you can simply assert in your defence that the claim is statute barred and the court would just accept it - otherwise everyone would do it!

Share this post


Link to post
Share on other sites

Proof of how. By whom and account paid from demand???   Another phantom payment comes to mind


:mad2::-x:jaw::sad:

Share this post


Link to post
Share on other sites

forget any paperwork…enforceable or not...immaterial ... if they cannot PROVE you have made payments within 6yrs from the claimform date, that will allow your SB defence to win hands down.., and nothing else they come up with will matter, not even the note..

 

it's for a claimant to prove a debt is NOT SB'd, not for a defendant to prove it IS.

 

i'm a bit concerned if you read from post 1 again (which is all the info WE have to go by) you appear twice , at the relevant time or within it (6yrs) , to have been making current payments.

 

go read, p'haps it might jog your memory then check your data again...

 

 

 

 

 

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

I only first read this thread a couple of weeks ago and I thought the OP had made repayments within the last six years as well.

 

Looking back I can quickly find #23 (10 August 2014), #24 (10 January 2015) and #31 (24 January 2015) all of which state the OP was then repaying £125 per month.

 

All of which questions the (in)accuracy of the OP's records - and also the claimant's if they state the last payment was September 2014!

Share this post


Link to post
Share on other sites
1 hour ago, Manxman in exile said:

I think they are claiming there was an agreement to lend you (or your wife, or both of you, or your business) £20k and that you would pay it back.
 

.......

 

If the court kicks out the promissory note they'll just try to establish that there was still a loan and an agreement to pay it back.  And that would be quite easy to do if you've already paid back £13K.

 


OP says it was to the (liquidated) business.

 

OP also says it they went bankrupt (irrelevant if the loan was to the business, potentially relevant if they [instead] listed it as a personal liability to their Trustee in Bankruptcy/ the OR)

 

Why pay 13k? “Your Honour, there was no legal obligation to pay, only a moral one, as far as we could. We invite the court to consider the lack of legal obligation”

  • Thanks 1

Share this post


Link to post
Share on other sites

We will be laying out all paperwork in the morning and double check the payments

Share this post


Link to post
Share on other sites

May be of interest......

 

Miscellaneous amendments of Limitation Act 1939

1Limitation in case of certain loans

After section 2 of the [1939 c. 21.] Limitation Act 1939 (referred to below in this Act as " the principal Act") there shall be inserted the following section—

“2A A Limitation in case of certain loans.

(1)Subject to subsection (3) of this section, section 2(l)(a) of this Act shall not bar the right of action on a contract of loan to which this section applies.

 

(2)This section applies to any contract of loan which—

(a)does not provide for repayment of the debt on or before a fixed or determinable date; and

(b)does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;

except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt.

 

(3)Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 2(l)(a) of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.

 

(4)In this section ' promissory note ' has the same meaning as in the Bills of Exchange Act 1882”.

 

http://www.legislation.gov.uk/ukpga/1980/24/crossheading/miscellaneous-amendments-of-limitation-act-1939/enacted/data.xht?view=snippet&wrap=true

 

http://www.legislation.gov.uk/ukpga/Vict/45-46/61


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Makes very interesting reading, not sure how to put into defence

Share this post


Link to post
Share on other sites

Just checked we last paid in Aug 2013, however my wife tried to sort out and she did in fact make 1 payment on 1st September 2014, therefore its not SB until or after 1st September 2020.

 

Simple words up the creak without a paddle, not sure how to base defence on now 

Share this post


Link to post
Share on other sites

I will bet this payment was made under duress?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Other than the money

a) was a business loan,

b) if it was to you personally, you went bankrupt, and

c) the promissory note doesn’t create an enforceable contract ....

 

7 pages of people giving you good advice that you have to be dragged into following, if followed at all (like posting the actual PofC!)

 

10+ years, and at the outset, you were advised not to sign the promissory note, then you came back 2 years after to say it had been signed ....

 

Multiple pages of advice, not followed, or only followed begrudgingly, at the 11th hour.

 

Defence (regarding the promissory note) pretty much written for you...... yet you are “up a creek”??!

 

Some people just can’t be helped.

I’m out.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...