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

[beyondhope]

just a thought girls

 

can you not check the mot status through the web site

 

it might and i mean might throw something up if you have your old certificate

 

i might be wrong

 

 

def be interesting to see if its been re mot'd as I have the certificate

[Bookworm]

Last resort time now- "what's left to do in order to avoid court and further avoid having to admit liability??"

Answer: "Out of court settlement"

 

But how does the claimant feel about this??

Not good This has never been about the money, it's always been about the principle. I wonder if that's why the universe gave me this opportunity to make them accountable??

The **** are cheque book poised, pen in hand ready to buy their way out of trouble just before the trial starts.

Caution: How you feel about it is irrelevant. If they offer to pay everything that is asked for in your claim, you have no grounds to refuse, and a judge will not take kindly to you going to court on a case of principles. He may even award you the minimum, and £1 in costs etc... to make a point of his displeasure. So be VERY careful on that one, if they offer to settle, you really have to take it. If they want confidentiality on the other hand, that has a hefty price tag, and don't let them tell you otherwise. ;-)

But what if I apply for summary judgement without a hearing based on the fact that they broke the law and then admitted it in their defence??

That is your absolute right (and one might say duty, lol) and you can but try, nothing to lose by it.

[wannabedebtfreesoon]

just a thought girls

 

can you not check the mot status through the web site

 

it might and i mean might throw something up if you have your old certificate

 

i might be wrong

Good point My MOT isn't up til mid June so I know it's still MOT'd for now.

I'm applying for SJ on Monday so hopefully she'll be back with me before then, fingers crossed To be honest, it would be in their best interests to give her back rather than the value I claimed for her I still have the keys and V5 and I made damn sure she was deadlocked before they took her She was old and tatty but I loved her and if I couldn't keep her I wasn't going to make it easy for them!

 

If you add on the recovery fees plus the cost of getting new keys and locks plus a new battery, (it would've so gone flat considering the alarm was going off as soon as they moved her!), plus storage for all the time she goes unsold, plus the £1.7K they're claiming in costs so far, plus tax and MOT is due up soon, and then take off the £300 ish it would actually be worth at auction. Welcome finance are already into serious loss territory!!!!

 

If the case gets no further than this, I already consider myself victorious!! They must be really ruing the day they decided to break the law on my doorstep!!!!!

[wannabedebtfreesoon]

Caution: How you feel about it is irrelevant. If they offer to pay everything that is asked for in your claim, you have no grounds to refuse, and a judge will not take kindly to you going to court on a case of principles. He may even award you the minimum, and £1 in costs etc... to make a point of his displeasure. So be VERY careful on that one, if they offer to settle, you really have to take it. If they want confidentiality on the other hand, that has a hefty price tag, and don't let them tell you otherwise. ;-)

That is your absolute right (and one might say duty, lol) and you can but try, nothing to lose by it.

I get what you're saying Bookworm and I have already considered that, I would be forced to ruefully accept their offer if it was for the full amount, I know

It wouldn't be ideal, but I would still consider it a victory nonetheless

 

Now when it comes to confidentiality, that is a different matter! I know full well a judge has no powers to rule on confidentiality unless it is in a written agreement put before her following a settlement mutually reached between both parties.

 

I know I said it wasn't about the money, but they don't know that! And how much I could get from selling my story to the press would presumably be a helluva lot more than anything they could offer

 

P.S. Bookworm, my duty is soon to be fulfilled The lovely folks at the DWP have done me proud and my evidence for fee remission arrived today; the day after I requested it!! Now that's what you call service!

[Bookworm]

Well done.

[wannabedebtfreesoon]

My partner's feeling is that the breach of the law part of my claim falls into the "cut and dried" requirement for SJ but the unfair relationship part is more grey.

I've thought about this and feel that them breaking the law couldn't possibly constitute anything other than unfairness

 

Answers on a postcard please

[wannabedebtfreesoon]

Well done.

Thanks Bookworm, but this has always been a team effort from all of us here on CAG and I have taken the advice of my dear friend Cab1ne:

To find what you seek in the road of life,

the best proverb of all is that which says:

"Leave no stone unturned."

 

Do not follow where the path may lead.

Go instead where there is no path and leave a trail.

 

cab

Thanks Cab, love ya!!

[wannabedebtfreesoon]

Any pointers on preparing a SOC for SJ would be most appreciated x

[cab1ne]

Thanks Bookworm, but this has always been a team effort from all of us here on CAG and I have taken the advice of my dear friend Cab1ne:

 

Thanks Cab, love ya!!

 

"GOOD MORNING"

 

luv ya 2 m8 and you are most welcome

 

2 historical quotes i firmly believe in. after all said and done "the proof is always "and quote" ALWAYS in the puddin:rolleyes:

 

cab

[wannabedebtfreesoon]

"GOOD MORNING"

 

luv ya 2 m8 and you are most welcome

 

2 historical quotes i firmly believe in. after all said and done "the proof is always "and quote" ALWAYS in the puddin:rolleyes:

 

cab

Good morning(), Cab!

All stones are overturned

[Bookworm]

Funny that, one of my favourite sayings (and used to be my sig when I 1st joined CAG) is:

 

"There are some people on whose toes you must step until THEY apologise".

 

Still believe it too.

[wannabedebtfreesoon]

Funny that, one of my favourite sayings (and used to be my sig when I 1st joined CAG) is:

 

"There are some people on whose toes you must step until THEY apologise".

 

Still believe it too.

Quite brilliant!! I love it!!

[wannabedebtfreesoon]

Any pointers on preparing a SOC for SJ would be most appreciated x

Does anybody think I should throw in "abuse of process" for good measure, or will it be too much???

[Bookworm]

I don't think it would fly. You initiated the court claim, they have every right to defend, and if the claim was wrongly issued, then they have the right to try and get it thrown out, you would have done the same if things had been the other way round. They spotted an error, they went for it, fair dos. Thankfully, the error was the court's, not yours.

 

So abuse of process? I can't see it, sorry. :-|

[wannabedebtfreesoon]

I don't think it would fly. You initiated the court claim, they have every right to defend, and if the claim was wrongly issued, then they have the right to try and get it thrown out, you would have done the same if things had been the other way round. They spotted an error, they went for it, fair dos. Thankfully, the error was the court's, not yours.

 

So abuse of process? I can't see it, sorry. :-|

Thanks bookworm, that's what cag's all about

I was meaning the fact they admitted the thing I was alleging in their defence. But I see what you mean, and I did give them half a point on effort ha ha! It's true, if the boot was on the other foot I would've gone all out to defend on everything possible

Such a shame it didn't work out for them!

[beyondhope]

I get what you're saying Bookworm and I have already considered that, I would be forced to ruefully accept their offer if it was for the full amount, I know

It wouldn't be ideal, but I would still consider it a victory nonetheless

 

Now when it comes to confidentiality, that is a different matter! I know full well a judge has no powers to rule on confidentiality unless it is in a written agreement put before her following a settlement mutually reached between both parties.

 

I know I said it wasn't about the money, but they don't know that! And how much I could get from selling my story to the press would presumably be a helluva lot more than anything they could offer

 

P.S. Bookworm, my duty is soon to be fulfilled The lovely folks at the DWP have done me proud and my evidence for fee remission arrived today; the day after I requested it!! Now that's what you call service!

 

well done DWP have to do something right

[cab1ne]

well done DWP have to do something right

 

"UNLIKE THE DVLA" wot a bunch of to$$ers, now they are trying to do me for failing to notify them that i had disposed/sold the vehicle (£55.00)

 

i actually did notify them, all sent recorded delivery, however the track and trace site is telling me that the delivery is being returned to sender.

 

"QUOTE"

 

Your item with reference A**********GB is being returned to sender.

This is either because the item wasn’t picked up by the recipient, or because we couldn't deliver it. Sorry for any inconvenience. Please allow for at least two days before tracking the return of your item.

 

this was posted on 29/3/10, Mmmmmm:rolleyes:

 

not got it back yet:confused:

 

cab

[wannabedebtfreesoon]

well done DWP have to do something right

Well they gotta redeem themselves for what they did to you! Did you get it sorted in the end??

[wannabedebtfreesoon]

"UNLIKE THE DVLA" wot a bunch of to$$ers, now they are trying to do me for failing to notify them that i had disposed/sold the vehicle (£55.00)

 

i actually did notify them, all sent recorded delivery, however the track and trace site is telling me that the delivery is being returned to sender.

 

"QUOTE"

 

Your item with reference A**********GB is being returned to sender.

This is either because the item wasn’t picked up by the recipient, or because we couldn't deliver it. Sorry for any inconvenience. Please allow for at least two days before tracking the return of your item.

 

this was posted on 29/3/10, Mmmmmm:rolleyes:

 

not got it back yet:confused:

 

cab

That's outrageous!! You didn't "dispose of" or "sell" the vehicle! They can't rightfully charge you anything, surely??!

[cab1ne]

That's outrageous!! You didn't "dispose of" or "sell" the vehicle! They can't rightfully charge you anything, surely??!

 

we share the same opinion on that one.

 

and they have the nerve to say i have committed an "OFFENCE":-x

 

cab

[wannabedebtfreesoon]

If I were you I'd tell them to stick their "offence" up their......

[cab1ne]

If I were you I'd tell them to stick their "offence" up their......

 

 

cab

[beyondhope]

"UNLIKE THE DVLA" wot a bunch of to$$ers, now they are trying to do me for failing to notify them that i had disposed/sold the vehicle (£55.00)

 

i actually did notify them, all sent recorded delivery, however the track and trace site is telling me that the delivery is being returned to sender.

 

"QUOTE"

 

Your item with reference A**********GB is being returned to sender.

This is either because the item wasn’t picked up by the recipient, or because we couldn't deliver it. Sorry for any inconvenience. Please allow for at least two days before tracking the return of your item.

 

this was posted on 29/3/10, Mmmmmm:rolleyes:

 

not got it back yet:confused:

 

cab

 

This is what im waiting for because we called them explained the finance company had taken the car and was told to leave the log book in our name!!

[beyondhope]

Well they gotta redeem themselves for what they did to you! Did you get it sorted in the end??

 

 

Eventually, 6 hrs and 3 20min phone calls later

[patrickq1]

Ive found them very accomadatin when you phone them up and explain they normally drop the fine, but there again it might just be me being a one of,but worth ringing them up and explaining the car off road for whatever reason ?