Welcome - illegal repo in contravention of section 92 and unfair relationship ** WON **

[napoleon_dynamite]

you are correct - but it has never been overturned - and the other cases you have quoted are different to Hurstanger. Hurstanger is about secret, undeclared, commissions paid to brokers.

 

It was decided that in Hurstanger the commission wasn't secret and the fact that commission had been paid was disclosed, just the amount wasn't disclosed. Which means the facts are the same as in Sealey. And a broker was involved in both cases.

Btw I have a copy of the judgment in Hurstanger (doesn't everyone LOL!) But only the review of Sealey. Was it a reported case? Can we get the full transcript?

[dadofholly]

I stand corrected - but Hurstanger still stands as good law.

[dadofholly]

Thats easily answered, GCSE law covers this. Best not to rely on that though.

 

I like all of the bits, especially your bravery, and I take your point, you didn't do it for the money. However, unlike you I wouldn't have £12K to throw away on litigation.

 

12K has not been thrown away - the defendant won and as far as i can make out has not had costs awarded against her.

[patrickq1]

a few snide comments being passed onto this forum .,do you have a problem dbabylon and napolean

i wish you would take the time to read this thread from start to finish before you make snotty comments ,or keep your remarks to yourself ,if you are as knoledgable as you are making out then use this knoledge and help others who need help ..

patrickq1

 

why is we always get a smartASS somewhere on the forum

[napoleon_dynamite]

Patrickq... You obviously haven't read any of my posts correctly, and obviously haven't looked at the context. Don't call me a smartASS until you have. And please refrain from personal attacks, this is, as you should be aware, against the code of this site.

[sequenci]

Come on guys, play nice

[gregs07]

Just read from cover to cover, wow! It can't end yet tho surelywhen do you get your mony back?

[GSMGuy]

As an avid follower of this thread from the start, and having been in lengthy correspondence with, and received a great deal of helpful advice from Wannabedebtfreesoon, I am quite disappointed, that in what effectively is her "hour of glory" people are being picky and argumentative - This thread should remain as a reference in "how to do it" nothing else, come on guys (or gals) this is a victory for WBDFS AND CAG! Lets all enjoy it!

 

Mike

[dadofholly]

As an avid follower of this thread from the start, and having been in lengthy correspondence with, and received a great deal of helpful advice from Wannabedebtfreesoon, I am quite disappointed, that in what effectively is her "hour of glory" people are being picky and argumentative - This thread should remain as a reference in "how to do it" nothing else, come on guys (or gals) this is a victory for WBDFS AND CAG! Lets all enjoy it!

 

Mike

 

Agree - it seems some others may have dfferent motives.

[dadofholly]

Is the fat lady singing? No? Then this isn't over and the celebrations are a little premature. Best put the vimto back on ice until the next (presumably last) hearing. As for "hour of glory" you need a new calendar, not a new clock.

 

And what do you know about it? the case has been won.

 

It's just down to confrmation from the CC - if they again come up with an incorrect ruline it will not be the last hearing as an apeal would still be allowed.

Edited December 2, 2011 by dadofholly

[wannabedebtfreesoon]

Wow, it's getting a bit unfriendly on here eh? I never thought that would happen!

I think perhaps my point is being overlooked a little; the details of the conclusion of this claim are immaterial. I have my victory and whatever happens from here on forward matters very little to me.

 

*I have lost count of the number of times I have said that I wasn't in this for the money!*

*I have been to High Court as an LiP and bowed in front of the UK's best academic lawyer*

*I have a High Court Judgment with my name on it that says a creditor is not permitted to repossess a car from private property without a court order and that causation is not a defence to the payment of secret commission with the applicable case law being Hurstanger*

 

dbabylon, you are very welcome to argue that this case hasn't been fully concluded as often as you like if that's what makes you feel good, but I can assure you without question, it makes no odds to me in the slightest. I have achieved what I set out to achieve- I told them it was unlawful to take my car off my drive but they insisted they could. It turns out I was right and they were wrong after all, what more could a girl want......??

[gerson]

Hi Wannabe,

 

You got what you set out to do - confirmation of the ulawful act of repossession. As you have always stated this was not about getting money but actually proving the point of law.

 

I wish you well for the upcoming CC hearing

 

You now have a High Court judgement that can now be used by others in a similar position.

 

For this alone we owe you a debt of gratitude for seeing this through

 

Take care of yourself and the family, you can relax more now with your children and I am sure they are proud of you

 

G

[DES_1001]

Very Very Very well said Wannabe, i've followed your thread for a long time ( Great Reading ) it's about the principle!

Big Scary company vs the little person, don't let the buggers get you down!

Very well done!

Respect to you!

[wannabedebtfreesoon]

Thank you all for understanding and supporting me through this. It is very true, I gave them the opportunity after the High Court hearing to walk away and I wouldn't have taken a penny out of it, they refused my offer so what more could I have done to prove I was only ever interested in fairness??? I'll see it through to the bitter end now simply because they chose to refuse my very generous offer and still refuse to accept they ever did anything wrong.

It's apparently the Lord Justice that was wrong now and they want to go before a different Lord Justice to try to get a different result.....??!!! Hmmm ok

 

All they ever had to do was say they were wrong and apologise but THEY made the decision not to offer that....

[dadofholly]

I think it's the commission issue they are realy scared of.

[The Mould]

Good morning Wanna

And what an incredibly fine morning it is. I spent the whole night out here on these moors, a venture that I haven’t undertaken for quite some time, I was doing my ‘midnight club’ thing, although I kept it to myself and did not post it on the forums, and I happened to look in upon your story (I had seen your case previously, from way back, although not posting of course, however, I was interested to learn of the progress that you were making and the developments of the case as the proceedings were commenced) again.

As I am sure you are aware, indeed you laid the path upon which you travelled this journey, all things have a purpose and fate continued, as it always does, to play its part along the long, long pathway mapped out by yourself and laid so skilfully that the said passage offers great security and comfort for all others who should find themselves suffering as you did at the hands of those blasted creditors, whom I liken to wild horses running across our fine land trampling upon the lives of good and decent folk and pulling their coaches (the dca’s a vehicle recovery agents and the like) behind them driving right through the very heart of the innocent and the heart of justice.

I find it very hard to believe that this time is indeed the 21st Century; injustice is still swifter than the deliverance of justice and so I would say that time could not possibly have moved on.

Anyway, before I completely go insane and detract from your wonderful true life story and delightful fairy tale ending, I would like to offer my sincere ‘This is Sparta’ admiration of your superb warrior skills and most excellent defeat of the army that placed your household under assault.

Godzilla to your most excellent work.

Kind regards

The Mould

[iconoclash]

Hi all - and congratulations to Wannabe - I expect you're taking time off from reading this thread - what fortitude and strength you have.

Who's up for another? - lol. I'll give you the bare bones and start a proper thread somewhere. I too have a car on finance and have gotten behind with payments follwing a redundancy and surviving now on benefits. Finance house would not re-negotiate payment level. Refused to discuss it but sent threatening letters to recover vehicle. Sent DN followed by Termination Notice. Sent Notice to Recover. Having paid more than half of the contract I wrote back stating they had better have a court order before attempting recovery. Finance Co filed in court immediately for possession. I defended in full. The DN was defective and the DJ agreed - he dismissed their claim but with general liberty to restore. Next move is mine but I want to clarify this point please. If the DN is invalid doesnt that also mean that the Termination Notice is also invalid, or, is an unlawfull recission of contract? thanks

Edited January 11, 2012 by iconoclash
typo

[dadofholly]

Hi all - and congratulations to Wannabe - I expect you're taking time off from reading this thread - what fortitude and strength you have.

Who's up for another? - lol. I'll give you the bare bones and start a proper thread somewhere. I too have a car on finance and have gotten behind with payments follwing a redundancy and surviving now on benefits. Finance house would not re-negotiate payment level. Refused to discuss it but sent threatening letters to recover vehicle. Sent DN followed by Termination Notice. Sent Notice to Recover. Having paid more than half of the contract I wrote back stating they had better have a court order before attempting recovery. Finance Co filed in court immediately for possession. I defended in full. The DN was defective and the DJ agreed - he dismissed their claim but with general liberty to restore. Next move is mine but I want to clarify this point please. If the DN is invalid doesnt that also mean that the Termination Notice is also invalid, or, is an unlawfull recission of contract? thanks

 

An agreement cannot be terminated on the back of a faulty DN - so the agreement is still live. Forget the unlawfull recission arguement.

[Guest repo threat]

What is more, the claim has been dismissed not adjudicated upon. They only have to issue a fresh DN and a fresh Termination Notice and then they can issue further claim.

[IainHL]

An agreement cannot be terminated on the back of a faulty DN - so the agreement is still live. Forget the unlawfull recission arguement.

 

I think Mr Mould would disagree with you there DoH. Hopefully he will see these posts and comment. I am sure it us somewhere further up this thread, but unfortunately haven't got time to go looking just now. Campari2, you should start your own thread and put a link to it in here.

[dadofholly]

I think Mr Mould would disagree with you there DoH. Hopefully he will see these posts and comment. I am sure it us somewhere further up this thread, but unfortunately haven't got time to go looking just now. Campari2, you should start your own thread and put a link to it in here.

 

Agree that it would help the OP to start their own thread - Once they have done that if they click the black triangle they can ask a member of the site team to move any relevant posts to the new thread, thye should oblige - they are generally good old sticks.

 

Ian - i understand Mr Mould would disagree - but my advice is based on case law - Mr Moulds is, as yet, only his opinion, unless someone can quote me case law that says otherwise.. Untill Case law backs up his arguements my advice is to go with current case law - as decided on by both the Court of Appeal and the High Court.

[iconoclash]

Many thanks for responses - will do other thread - oooh ive done this in wrong order - could posted link - will be back....

[iconoclash]

Hi back with the post to new thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?333395-Car-Repo-started-dimissed-settlement-sought&p=3675198#post3675198

[wannabedebtfreesoon]

Whoops! I think I have made a few people very cross with me

[wannabedebtfreesoon]

I think it's the commission issue they are realy scared of.

HERE HERE!!!