RCI Finance ccj

[navy paul]

Recieved my AQ today anf have a couple of weeks to return it. Still no word from RCI.

I'm a bit concerned about any fees, i have already paid £75 to have the ruling set aside and the AQ makes reference to fees payable?

Also on the "other information" should i just list the amount of requests that i have sent to RCI for the POC and their lack of response/acknowledgment?

Thanks

[supasnooper]

Ignore the fees part, that's for RCI to pay.

 

In the "other information" box, or a seperate letter if it is lengthy, you can request all the documentation you need for your defence ( Credit Agreement, Default Notice, Notice of Assignment etc.)

 

Have a look at these links for completing Allocation Questionnaires (courtesy of 42man) -

 

Link Financial County Court Summons - N150

 

Directions for N150 or N149 Allocation questionnaire - Paul's guide to N149 & N150 AQ's

 

Allocation Questionnaire...Urgent help needed please!!! - N150

 

Court papers received- what now??!!**WON**CASE DISMISSED - N149 (with draft order for directions)

 

upto the eyeballs v CL Finance No CCA IN COURT ** Help ** - N150

 

The dreaded court claim came today... - N150

[navy paul]

Ok so now something quite strange has happened.

i returned my AQ to the court a couple of days ago and today i received a copy of a letter from RCI (original sent to court) confirming that they have no objections to the set aside. They also attached a photocopy of the original agreement showing the excess mileage charges and confirmed that the total amount owing following "re-calculation" is significantly lower than the original judgement amount ( 2/3 lower)Now i'm thinking that either they were attempting to fleece me and have now realised that they are dealing with someone who knows what they are doing legally(thank you caggers) or they have made a massive error? Now the new amount required seems justified, do i let the court know of my intentions to settle and pay RCI the amount or do i await contact from the court?

Edited November 23, 2009 by navy paul

[navy paul]

Hi any advice would be appreciated

[navy paul]

OK so now i get a letter from the court telling me that unless RCI submit their AQ within a week the claim will be struck off?

Does this mean that RCI will have to reissue the claim again or call it a day? also does this mean that my credit history will revert backto normal?

[navy paul]

Anyone?

[navy paul]

RCI have now complied with all of the courts requirements and the couret have permitted me to file an amended defence.

Rci have not supplied a full breakdown of the costs of the original action but have sent details of an amended excess mileage charge.

As this is the only tangible figure that i have had from them do i make reference to this in my ameneded defence and settle the claim or do i need to persue any further form filling or processes?

 

Thaks

Edited January 24, 2010 by navy paul

[navy paul]

Any one please

[supasnooper]

As I haven't seen any documents; I am at a loss as to advise further.

 

You must have access to an accoiunt of the mileages recorded or your own log of the mileage charges.

 

[navy paul]

Thanks for your reply supasnooper.

 

Ive attached a copy of the amended defence, hopefully rci will finally get their act together.

 

In the xxxxxx County Court Case No xxxxxxxxxx

Between:

RCI Financial (Claimant)

V

(Defendant)

Amended Defence

I, xxxxxxxxxxxxxxxxxxxxxxxx make this statement as my amended defence to the claim brought about by RCI Financial Ltd.

Particulars of the original claim have still not been disclosed to the defendant and the correspondence received to date from the claimant is incredibly vague despite CPR 31.14 request.

The Claimants submitted letter dated xxxxxx to the court confirms a recalculated figure of xxxxx for excess mileage, as proof of the suggested mileage was not attached I am at a loss to advise further.

The Claimant has also failed to stipulate if the recalculated figure is an amended settlement.

It is my opinion that the claimant is trying to frustrate matters in refusing to disclose the documents requested and they have ignored my CPR request for the account completely. It is submitted that the claimant taking this course of action places me at a clear disadvantage and there is no apparent reason why the claimant would seek to withhold this documentation from me.

I respectfully request the court orders full disclosure of the claimant’s particulars of claim with supporting proof and supply written confirmation of any recalculated settlement figure to the court.

I will then be in a position to file a fully particularised defence and respectfully request the courts permission to amend my defence accordingly.

I, believe the above statement to be true and factual

Signed: xxxxxxxxxx

xxxxxxxxxxxx