Jump to content



  • Tweets

  • Posts

    • the debt is not SB'd as a CCJ must have been awarded to get restrictions said this numerous times now who is drydens stated client on their letter...Arrow global?  
    • Hello   I'm bringing a claim against a company HQ in the EU but with operations in the UK. T&Cs state UK court jurisdiction.    Am I right in thinking that I send 3 x N001 forms + N215 form + Fee cheque to CCMCC?    The court then takes over, seals the claim and serves it on the defendant?    Reason I'm confused is that some guides seem to imply that I get the sealed claim form back from the court and then serve it on the defendant myself?   Thanks  
    • Evening All,   PFA redacted WS and EL, hoping these will be sufficient to defend my case, yet to add a sequence of events section to WS which I will do tomorrow before sending off to CC and can try to post here for your kind review?   Should I also send to OPS at the deadline, I have still received nothing at all from them - or if they don't provide me their WS and EL I duly don't provide mine?    Approaching the end game now!      Thanks!   RATPCN Exhibit List Redacted.pdf Witness Statement Redacted.pdf
    • Yes is definitely an option – but I am rather concerned about the way that the other one went when they brought in Evershed's. It's still going on but I think it made it more worrying for the claimant. The finance company will have the wherewithal to be able to make strategic delays
    • Well at £7300, I think that any car should be able to run without any serious defect manifesting itself at least a couple of years. This car clearly is not in satisfactory condition when it was bought. Also, can we clarify that the finance was made by way of a loan and not hire purchase. It doesn't make a huge amount of difference but it is something that we should know. You have two targets. You can either sue the garage or you can sue the finance company. Somebody else on this forum in the past 2 or 3 months decided to sue the finance company. I rather thought it was an error because it was taking on the more powerful of the two – and it turned out that the finance company then when instructed a proper firm of solicitors who have simply been obstructive. It doesn't mean that the claimant was more likely to lose – but it became a little bit more nerve wracking and difficult. I would suggest that the best thing to do is to sue the garage who are going to be the weaker party and secure a judgement against them. Then if there is any difficulty enforcing the judgement, you can turn against the finance company but with a judgement already in your hand, any resistance should fall away quite quickly. At that point you can also threaten the finance company with an action under FCA regulations for unfair treatment – because what they are doing is clearly unfair. It seems to me that you need to get a move on. On the basis of what you say, your rights are completely clear and I would suggest that you begin by sending a letter of claim to the garage and writing separately to the finance company and telling them that you are going to be seeing the garage and that once you get a judgement you will be coming after them not only under their obligations under the consumer credit act but also under the FCA Handbook rules – COBS - which requires them as a matter of statutory duty to treat you fairly. The finance company will be quite anxious to avoid a judgement for breach of statutory duty. It may be that the finance company will then feel motivated to put pressure on the garage – but nothing is sure. If this seems to be a satisfactory way forward then it will be a matter of sending a letter of claim – probably in tomorrow's post – recorded delivery and an email as well if you want. You have to be sure that you want to do this and you need to search this forum for information on bringing a small claim in the County Court. It's fairly straightforward and because you are suing for less than the small claims limit of £10,000 it is pretty well risk-free. However it is worth knowing your way around because you will feel more confident about it. Please let us know if this is the way you want to go forward. I have to say that if you rather not do this then your only other alternative would be to go to the ombudsman which will be a very slow process and could last easily up to 12 months or more with an uncertain outcome. I would not recommend it   To add, if as a result of the breach of contract on the part of the garage you have incurred additional expenses, then we may probably be able to think about claiming for those as well.
  • Our picks

Capstone/Acenden reposession date


Please note that this topic has not had any new posts for the last 1531 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • Replies 206
  • Created
  • Last Reply

Top Posters In This Topic

Goodn luck for tomorrow SigSue....We are still in arrears for over 6k some 12months after our court appearance...

 

Fretful excellent information re the brokers, as this is where i believe our problems began, but never quite understood how to tackle the problem.

any links would be appreciated.thanks once again.

b-o-2

ANYBODY WHO NEEDS INFO ON YOUR LEHMANS MORTGAGE

either SPML/PML/LMC/SPPL; the following are DIRECT tel#s,

of the investigating & prosecuting organisations: DONOT say you are from CAG-only directly affected or a concerned citizen.

 

1. Companies House: Kevin Hughes(Compliance Manager-main) @ 02920 380 633

2. CH : Lee Jenkins(prosecuting Amany Attia(MD) for SPML/PML) @ 02920 380 643

3. CH : Mark Youde(accounts compliance) @ 02920 380 955

 

4. Companies Investigation Branch(CIB) : Charlotte Allan @ 0207 596 6108

(part of the Insolvency Service) investigating all the Lehman lenders

 

5. CIB : Jeremy Pilcher('unofficial'-consumer/company lawyer) : @ 0207 637 6231

__________________

File YOUR 'Companies Investigation Branch'- CIB complaint online NOW!!!!

 

http://www.insolvency.gov.uk/complaintformcib.htm

Link to post
Share on other sites

Sorry to bother you all, but am feeling quite vulnerable this evening.

 

In court tomorrow,

have made the payment today as promised in my statement,

even the idiot that took the payment didnt know when the eviction was to take place, or for that matter that I have a hearing tomorrow!!!

 

I am fretting,

what do I do if the judge says

"No, you have had too many chances, the order stands".

 

We have no back up plan, I am scared.

 

Got my best work attire in the washing machine ready to iron and look completely respectable.

I am fully aware of the tosh that will come out of their solicitors mouths, and am hoping to be strong enough if they approach me before hand to respectfully decline any discussions until we see the judge.

 

This is the only place that I know of in the world where I can get the understanding, support and help I need and will once my situation is sorted be donating a regular sum to the upkeep of the site.

 

Ell-en, even if it doesnt go my way tomorrow,

you are one amazing person and should be knighted.

The support on this site is immense,

I have tears in my eyes right now as I am anticipating the worst!!!!!!

CAGGERS you are truly amazing

Link to post
Share on other sites

You're not bothering anyone at all - it's completely understandable how you are feeling tonight. Anyone who has been in your situation will tell you they have felt the same.

 

I can only say that you have the best chance that anyone could have given your circumstances. You have done your homework, got your plan together and have presented the facts as clearly as possible. When you go into that hearing tomorrow, you are taking the strength of all those who have done the same thing and won!

 

Make sure you get to the court in plenty of time and see if there are any free legal reps there - ask the court staff and they will point them out to you. If they are there, show them your paperwork and ask them to accompany you into the hearing. If the other side's rep tries to talk to you, don't give them any information, just say you'd rather wait for the judge to decide.

 

Do you have the proof of the payment you made today? take it with you and at the appropriate time say to the judge "Sir(or Madam) I have proof of the promised first payment as proposed to the Claimant", and hand it over.

 

Stay positive, it will soon be over and I'll be thinking about you tomorrow and waiting to hear your good news :)

 

Ellx

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

HI - can I but in briefly and ask:

 

re taking action against the broker or lender, we also have issues about our mortgage, broker paid a fee by lender and also by us, self-cert'd, etc etc, but I have always thought that we couldnt do anything because the lender will defend and then we'd get hammered for their legal costs - is that right???

 

thanks

PS can i ask what happens if the mortgage is found to be mis-sold - do you end up without a mortgage or what??

Edited by iconoclash
added posst script
Link to post
Share on other sites

Hi slgsue I got this from the FSCS website

 

 

The firm I dealt with is no longer trading, but the FSCS says it cannot help me. Why?

 

As a fund of last resort, we can only consider claims if they cannot be paid by anyone else. If the firm is no longer trading but still has assets that could meet your claim, we are unlikely to be able to help you. This means that you will need to take your case up with the firm you dealt with.

If you are having problems finding the firm or its owners and wish to pursue your claim, we may be able to provide contact details. Please contact us.

If the firm (or its owners) will not consider your claim, you could take legal advice or contact your local Citizens Advice Bureau for help.

The Financial Ombudsman Service (FOS) may be able to help you make your claim in some circumstances.

A guide to the different roles of the FSCS, FOS and the FSA.

 

 

hope it helps

Link to post
Share on other sites

This has been the longest day of my life but so worth it :D:D:D

 

Arrived in court with plenty of time and just sat and waited with my legs like jelly!!!!

Their solicitor approached me, was unaware of my recent payment, surprise surprise, and asked if I wanted a "chat" to which I informed him that I was aware of his intentions to execute the warrant and mine were to have it suspended so there was nothing to discuss!!!!

 

Called into court,

the judge took some facts and figures from their side and then asked my intentions.

 

 

I explained I was offering £200 extra and had made a payment yesterday which was not yet showing.

 

 

Obviously he asked why I had defaulted on this the 3rd arrangement and I explained about my son and that we are now back at work full time and can recommence the payment.

 

 

I also explained the reasons our payments are late is due to OH being paid on 15th of the month hence incurring the charges.

 

He then sat and wrote a few things and their solicitor told him they wanted more and that apparantly I had made an offer to pay £839,

where that came from I do not know and I did oppose this and said that I had never made such a proposal!!!!!!!

 

Mr Judge asked solicitor to confirm that he could change the payment date and he said

"I dont believe so Sir"

well I could have died laughing

 

 

then the judge did not look impressed and said

"You dont believe so? I am quite certain I can its the duration of the mortgage I cannot amend"

 

He did give me a bit of a dressing down and told me that this is my final chance to suspend the repossession, but has changed the date of my payments to 16th of the month and ordered that I pay £100 towards the arrears, half my offer :) so I couldnt be more happy.

 

Their solicitor asked for a quick word when we left and showed me that he could of ordered me to pay £14 a month and gave me advice regarding contacting CAP (Christians Against Poverty) about my other debts, was quite a pleasant surprise one of them being helpfull!!!

 

I just want to say a huge thank you for all of you support and want to say there is hope when all looks lost,

 

 

I am going to pay the greater amount but at least I know when it comes to special dates like birthdays and christmas I can just pay the ordered amount and use that extra to fund the special days!!!!

 

I am so happy I could sing!!!!!!!

 

That info is fantastic thank you. Brief update on today, the full details are on my thread in the Repo section.

 

SPML can go suck eggs, judge ruled in my favour, SUSPENDED and he changed date of payment and ordered I pay half what I had offered!!!!!

 

Now to start the claim against the mis selling of the mortgage :)

Link to post
Share on other sites

another happy cagger, we need more of them especially on a nice day like today:D.

 

great news slgsue, hopefully now you can get on to pastures new and not have the worry of these leeches hounding you again

Link to post
Share on other sites

Oh well done!! :) I'm so pleased for you - you've been very brave. Hope you can now relax and enjoy your home.

 

Ellx

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Thanks all and yes Ell, I am going to make this work this time, cant go through that again!! Have poured a little drink to celebrate too!!!!

 

I am still baffled as to where the offer I made came from though, just another one of their lies!!!!

 

But as of today the only conversation I will be having with Capstone is once a month to pay them as they cant do a DD for any other day but the 15th.............. absolutely crazy:D

Link to post
Share on other sites

You don't have to do a DD. Do a standing order so you can vary it yourself in line with what you planned in post 54.

 

I am quite prepared to believe they made up an offer if you cant remember it. Why would you make an offer if you could not afford it? They like to win.

Link to post
Share on other sites

Their solicitor looked so embarrassed when I stated quite clearly that I had not made this proposal!!! he was actually a nice guy and didnt really oppose my application for suspension. When we were leaving he told me I had done really well so coming from the dark side I see that as quite a compliment!!!!

 

Ell you are a marvel x

Link to post
Share on other sites

A good thing about this experience is that it has raised your capabilities. You now know that you can face these situations, you have more confidence, and less fear. This is one of the most valuable things this site does for people.

Link to post
Share on other sites

Capstone have very kindly replied to my verbal complaint re charges last week, they are looking into it!!!!! Well we shall see, not holding my breath, would prefer the FOS to deal with it anyway

Link to post
Share on other sites
Capstone have very kindly replied to my verbal complaint re charges last week, they are looking into it!!!!! Well we shall see, not holding my breath, would prefer the FOS to deal with it anyway

 

Forget the verbals..get it all in writing.

 

xxxx

Link to post
Share on other sites
HI - can I but in briefly and ask:

 

re taking action against the broker or lender, we also have issues about our mortgage, broker paid a fee by lender and also by us, self-cert'd, etc etc, but I have always thought that we couldnt do anything because the lender will defend and then we'd get hammered for their legal costs - is that right???

 

thanks

PS can i ask what happens if the mortgage is found to be mis-sold - do you end up without a mortgage or what??

 

Hi - does anyone know the position if you are still with the same lender that u think might be mis-sold?? please:)

Link to post
Share on other sites
Their solicitor looked so embarrassed when I stated quite clearly that I had not made this proposal!!! he was actually a nice guy and didnt really oppose my application for suspension. When we were leaving he told me I had done really well so coming from the dark side I see that as quite a compliment!!!!

 

Ell you are a marvel x

 

 

Don't think anything of it....move on. They want your house, not a garden party. They will all seem very nice and want a pre and post court chat .. I wonder why? To gain your confidence perhaps for future purposes?

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...