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LarissaJ

Park Motor Finance - Default Notice

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Adjourned.

What happened???


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

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before the hearing I spoke with the other side's solicitor, she told me that she'd read my witness statement. She said that it was the august payment that was unpaid and that they are only looking at the 2nd default notice and that it cancelled out the 1st faulty one. I was a bit perplexed and didn't have to reply because we were called in at that moment.

 

The judge said that he hadn't had time to read my witness statement and that it was too long to read it now as we only had 10 mins. I think that the judge could see that I was a bit nervous and I told him that I was a litigant in person and that it was my first time in a court. He then decided to adjourn it for a hearing of 30mins. The solicitor tried to argue that it would be cut and dry and shouldn't be adjourned but he ordered that it be adjourned because of me being an litigant in person.

 

I'm not sure how I feel about it really, I was more nervous than I expected to be and didn't really get a chance to put any points accross, I guess on a good note at least I know what to expect the next time, plus I'll have more time to explain. I got the impression that the judge didn't think it was going to be cut and dry.:|


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I know it might not seem great but really that's first round to you! You should feel very proud of yourself, the other alternative outcome would've been for them to have been granted return of the vehicle and you did enough to prevent that from happening so bloody well done to you!!!

:lol:


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I know it might not seem great but really that's first round to you! You should feel very proud of yourself, the other alternative outcome would've been for them to have been granted return of the vehicle and you did enough to prevent that from happening so bloody well done to you!!!

:lol:

Do you know, I never thought of it like that. Thanks wbdfs!! :!:


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An adjournment is pretty good news. It gives you time to assess what you have and to practice getting it across to the Judge. So a pat on the back, well done.


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An adjournment is pretty good news. It gives you time to assess what you have and to practice getting it across to the Judge. So a pat on the back, well done.

I'm looking at it now as round 2 to me, because the first one was adjourned too when I was out of the country and I'm assuming it was because of my letter as no one turned up that day for the other side.


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Does anyone know what's happend to ''Tales of a dodgy DN''?

I can't seem to find the link


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Hold on a sec, will find it for you :)


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http://www.consumeractiongroup.co.uk/forum/showthread.php?170345-A-Tale-of-a-Dodgy-DN&highlight=

 

The thread was split because it was getting far too long and then it took a diversion. The link for the 2nd thread will be somewhere in the one above.


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I'll have a good read through that, thanks Citizen b.

 

I've not heard anything yet from the court with regard to the next hearing date, I guess I'll hear this week and will keep you all posted.


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The car was stolen last night from outside my house. I have no idea what this now means in relation to the court order??

 

A burglar came into my home (whilst we were in) and stole lots of things including the keys to the car and house, I am a bit miffed to say the least!!!


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the car was stolen last night from outside my house. I have no idea what this now means in relation to the court order??

 

A burglar came into my home (whilst we were in) and stole lots of things including the keys to the car and house, i am a bit miffed to say the least!!!

 

 

omg:jaw:

 

I will flag this for the site team, see if they know what to do.


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Did you report this to the Police and get a crime number?


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yes, I have reported it, the police came out straight away and have been today to take fingerprints (they found one on the front door, so fingers crossed they'll get the culprit) but so far there's no news on the car. The thief hit a neighbour's car on the way out too, and did loads of damage.


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Have you received a new court date yet ? I am wondering if you need to let the opposition and the court know about this.


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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hiay citizenb, I have just received it today in the post. I was thinking that maybe I would have to let the other side know, but I have no idea what the procedure would be.

I've tried reading up on it online and was just about to phone the CAB, but I'm not sure that they would be able to help either. I'm at my wits end tbh!


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I think it would be in order to send the opposition a letter - by email or fax might be better. You are able to provide a crime number and details of the reporting so they can check the situation for themselves.

 

I guess it would be best for you to telephone the court and see if they have any advice to offer.


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks again cb. I will phone the court now and see if they can help.

 

One other thing I've just got an email from the car insurance company and they need details of any outstanding finance on the car.

I guess this is a grey area in light of the ongoing court action, but then I guess it's best to just put the details on and draw a line under it ??????


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Telephoned the court and just as I thought, they were no help at all and said they couldn't comment on what I should I do next and said that I would need to get legal advice


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Yes, they are not permitted to give advice, but an opinion would have been nice lol

 

Have you sent a letter/email/fax to the opposition ?


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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No I haven't yet. I'm still a little bewildered to be honest. I've just had a notice from the police that the car was seen doing 99mph not far from my house, but still no sign of it being found.

 

I'm guessing now that I'm pretty much snookered in relation to this court case as the insurance company is wanting information on any outstanding finance. Grey area, because in my eyes it was terminated, but without the court decission on this, I'm guessing that I have to put the finance down and park will get paid off now ??


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Can anyone help on this?


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your arguments in relation to the agreement being ended on the back of a faulty DN- if successful- would result in confirmation that the debt was legally unenforceable.

 

but it would not remove the fact that you had a debt to the finance company and it must be repaid.

 

therefore why would there be any hesitation in informing the insurance company of the finance companies interest in the car?

 

surely you are not suggesting that you should gain the benefit of the insurance payout?

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No, diddydick I wasn't suggesting amything, just asking for any advice as I am just completely bewildered as to what is required now. One minute I'm in court saying that there is no agreement, next I'm saying oh yes there is and here's the details. Also, am I now to tell the court that the case is now void, or do I leave park m finance to do that? Plus I don't want to have the bad report on my credit file either.

 

Another point, I have GAP insurance, do I make the claim on that or do park make it? It was Park I paid and they haven't given me much details on it, no phone number or contact details for the company they/I used.


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thats ok

 

when you say "one minute i am in court saying theres no agreement- what i think is the true case is that :-

 

you are in court saying there is no LEGALLY ENFORCEABLE agreement!

 

The fact that a debt is proven to be legally unenforceable- does not make it go away- it is still a debt and is still due and payable!!

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