Park Motor Finance - Default Notice

[LarissaJ]

we both signed the consent order to vacate

[LarissaJ]

......... got a default sums notice this morning for over £300 legal fees

[citizenB]

......... got a default sums notice this morning for over £300 legal fees

 

Larissa, I simply dont know the answer, I have hit the panic button for you. Hopefully someone from the site team will know.

[cerberusalert]

I would have thought if they had both signed a consent order to vacate they would bear their own costs,

[LarissaJ]

Thanks CitizenB

[citizenB]

I would have thought if they had both signed a consent order to vacate they would bear their own costs,

 

 

Also, what does it say exactly in the consent order, Larissa.. does it mention costs and how they will be apportioned ?

[LarissaJ]

The consent order simply says ''costs in the case'' too. no explanation.

 

When I phoned park's solicitors the day before the hearing, she mentioned nothing about the costs either, she said that the consent order is just to have the hearing vacated.

 

I've now heard from the insurance company and a check has been sent to park, now it's up to the gap insurance to bridge the gap!!! I'm not sure if they will pay all of it though, it seems wrong in a sense that the gap insurance have to pay what is around £1000 of charges, but it's stille early days with the ''gap people'' yet!!!

[LarissaJ]

Would they have to take me back to court to get any costs they want from me and if so, can I apply for my costs too? Because as it stands, none of us won in this case!!

[LarissaJ]

The court case was stayed for 3 months and it was ordered that - within 7 days of the end of the period of stay both parties shall jointly notify the court in writing of the current position and what, if any, directions are required.

 

I now need to get something off to court, but can anyone help me and tell me what format etc. this needs to be in. The matter is still in the hands of the GAP insurance company, but it doesn't look like it will be long before it's paid out.

[LarissaJ]

Can anyone help?

[LarissaJ]

I've had to send off something off today that I think is appropriate, because there was a deadline. I've just said that it's due to be settled within the next 14 days.

[LarissaJ]

Hiya All, I'm back! I need more help with this mess as they are threatening court again, but I'm pretty sure they are bluffing and don't have a leg to stand on! The insurance and the gap insurance has been paid to park, but they are still saying I owe almost £2000, the majority of which is their penalty charges and court costs! Please HELP!

[42man]

Just had a brief read through the last 10 posts......why don't you send them your costs ? Bearing in mind the Litigant In Person rate is now £18 per hour + 40p per mile + £80 per day for time out of work to attend court + copying + postage.

 

Of course spending 10 hours of time researching into the consumer credit act costs you £180, then there is 10 hours spent research into other laws.....

[LarissaJ]

Hi 42 man! yes, I had thought of doing that, as I've spent many, many hours reaserching. I was also thinking of something along the lines of claiming back the penalty charges (but obviously they haven't been paid, so not exactly claiming them back, just pointing them out as this is a big chunk of what is owed). Another thing that had crossed my mind, is why they sold me a gap insurance policy that didn't cover the gap? Also, the figure on the agreement is wrong (it's £1000 too much) but I have signed the agreement with this mistake on, so I'm guessing that I can't mention that? many thanks for your help

[42man]

£1,000 too much ??!! Do the figures calcualte ok ??

[LarissaJ]

I'm really bad with figures, but I have the recipt for the car and I paid £1000 deposit, but they have put the price of the car up by £1000 so in effect the deposit hasn't been taken off!

[42man]

What a shocker...do you have any evidence at all to suggest this ? otherwise you may have been 'done'

[LarissaJ]

I've got the receipt for the car from the garage. It doesn't surprise me really that I've been "done" by this company, because they have done everything they can to "do" me over the last few years! I'm surprised that they are even asking for these "arrears" in the first place knowing how they have treated me and knowing I'm willing to fight them in court!

[42man]

Any proof to show the misappropriation of the £1000 ?

[LarissaJ]

only the receipt from the garage

[LarissaJ]

I have today received a letter from parks solicitors saying that if I dont pay the arrears in the next 14 days, they will be applying back to court asking it to enter judgment against me. They have also attached an EX140 form - Record of Examination, for me to fill in. Can anyone tell me what this form is? It's headed "in the manchester civil justice centre" but that wasn't the court we were at last year.

[LarissaJ]

I've spent the last few days going over all my correspondence and documents, in an attempt to get myself back up to date with everything, ready for the next court visit! The mix up with the amount seems to be that they have put the wrong sum on the agreement, and in later correspondence have stated a different figure, which is roughly around £1000.

 

Tried to have a good look at the figures and just can't see how they got this original figure. I don't think the deposit is the now the problem, I've seen it listed as a dealer deposit but it is very misleading as it's also made out the car purchase price was a thousand pound higher than it actually was.

 

From start to finish, park mf have swaped and changed the figures and the missed payments dates,nothing has been consistent, it's no wonder I'm so confused! I wonder how many other people theyve done this to and got away with it? Can anyone help with the ex140 form????

Edited April 12, 2012 by citizenB

[citizenB]

Responding to reported post.

 

Trying to track down some help for you.

[AndyOrch]

Hi Larissa with you shortly.

 

Regards

 

Andy

[AndyOrch]

Ok larissa who as sent the EX140 the Claimant or the Court? I assume they have judgment? or about to have you submitted a defence?

 

Regards

 

Andy