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

[beyondhope]

Thanks Cab, I'm trying :-| The judge didn't exactly refuse, just appeared to ignore the request and allocated straight to trial. It's really hard to keep this up I'm wobbling with nerves a bit It's just the thought of the enormity of the situation and how far this has gone since 1st April. I mean I've done a bit of writing and given it to a judge to look at, A JUDGE FOR CRYING OUT LOUD!! THEY'RE LIKE THE LAW!!! Just starting to feel a lot like a little person in a big world

 

 

You are NOT a little person hun you are an intelligent woman that has been done over by a ****** company and is just standing up for herself you deserve a medal for getting it this far alone when its near impossible to find any legal help unless its defence Dont have a wobble now hun remember what this is about

[applecart]

Hi All : )

 

I've read this post with great interest.....

 

It truly is 'step by step' - 'tooth for tooth' guidance to the ups and downs and emotion involved in defending yourself against unscrupulous lenders.

 

I wish you all the best and I'm subbing with continued interest : )

 

Applecart : )

[kyleypie21]

Hiya.

I have read through as much of this as I possibly can but I think I would be here for 3 days, so I have got the jist of most of it. I think what u have done is brilliant wannabe well done!

 

I've never posted on one of these forums before, just looking for a bit of advise you have already helped me massively.

 

This morning I heard a loud noise almost like a bin truck, looked out the window and my car was being put on a tow truck

Do not have a clue why, I run down the stairs and ask whats going on. Apparently there is outstanding finance with citroen from the previous owner. I got in the car and begged them not to take it, to which they said "phone a solicitor" After 2 hours of me refusing to get out the car and the police appearing, the police told me that it is a civil matter, although the car does not belong to me (I do have the v5 but Im only the keeper obviously) it belongs to citreon finance and I should get out the car. I refused to give them the keys or log book and they drove off Worst day ever!

 

I phoned citroen finance recoveries and they told me they would send me a questionnaire which is for an innocent buyer and as long as I provide proof I was an innocent buyer I can have the car back. The trouble is, I dont have proof, we paid cash and got the car from an advert in the paper. They want the advert (which I obviously dont have) and a receipt from the cash (dont have that) and they also want my log book (definitely not getting that!) So I dont think I have a leg to stand on.

 

Plus I didnt buy the car from the previous owner, I bought it from someone who had bought it from the previous owner but never changed the log book.

 

Anyway after coming on and reading your first posts, I went back to the police station to advise that I wanted to report my car as stolen as per Section 92 of the CCA (got that from you guys ) And the police said again its a civil matter, to contact my solicitor.

 

I live in a block of private flats, which has fencing around it although you can drive in a part where there is no fence. We have a huge 6ft long sign on the fence saying "private car park" So is this Section 92? And does it apply to me as I'm not the direct debtor? So confused and worried my poor baby car.. 10k down the drain

 

Would extremely appreciate anyones help I understand its not the same scenario but Im just wondering if this applies to me as I'm not the original debtor?

 

Thanks xx

[wannabedebtfreesoon]

wannabe, i really do understand how your feeling, but just think of it this was, the judge is still only human, a man/woman that after work goes home, puts the kettle on, tells the hubbie, or mrs, hey i had blah blah blah at my court today, and you never guess what... them bloody welcome finance, they dont half try ripping ppl off you know.....then they go online do their shopping at asda, and sit infornt of the tv watching corrie....again THEY ARE ONLY HUMAN and the best of it all.....i bet they hate the fact that a big corporation are trying to be little the average joe public out of the small scraps that they work so hard for and that at the end of the day YOUR RIGHT and they are WRONG theres no question of it....and they arent like the law, they just take their interpretation of it and then uphold it, and you have just done exactly that by standing up and being counted, and fighting for your consumer rights, and thats why they were put there. keep up the good work, and try relax.

 

there its 1-1, you kept me going and now i just returned the favour lol

I feel so much better now, that was a brilliant post and really lifted my spirits! Thank you so much for taking the time to help me up when I was struggling, especially when you've got so much on your own plate. This is the true essence of The Consumer Action Group

[andie_303]

Hi Wannabe

 

I know EXACTLY what you are going through with the late replies to the court. I had this throughout my case - unfortunately I pulled a judge that allowed them lots of chances - despite being more than 2 weeks late on some occasions and on others not sending me copies of defence and then turning up to court to claim they did and then saying they would pursue me for costs for not having them etc etc

 

In the end it was all worth it though and I can see now in hindsight they were being given chance after chance after chance and they were given enough rope to hang themselves with

[wannabedebtfreesoon]

Hello Kyleypie and welcome to CAG

 

I'm really glad you have found my thread useful, this is one of the main reasons I update so regularly and in such detail! If I can help anyone as a result of going through this then it hasn't been in vain

 

The first thing I would suggest would be to start your own thread, you will get so much more help from lots of people with all different areas of expertise by doing that. Let me know when you're up and running and I'll drop in and see if there's anything I can add

[wannabedebtfreesoon]

Hi Wannabe

 

I know EXACTLY what you are going through with the late replies to the court. I had this throughout my case - unfortunately I pulled a judge that allowed them lots of chances - despite being more than 2 weeks late on some occasions and on others not sending me copies of defence and then turning up to court to claim they did and then saying they would pursue me for costs for not having them etc etc

 

In the end it was all worth it though and I can see now in hindsight they were being given chance after chance after chance and they were given enough rope to hang themselves with

Thanks Andie, I'm pulling myself together now! If it wasn't for all the support I've had on here I'd be so lost! To be fair the court have been outstanding so far and not given them any chances other than what they are legally obliged to, so it's time I got a bloody grip! Ha ha!

 

Win, lose or draw I'm in this til the bitter end ;-)

[wannabedebtfreesoon]

You are NOT a little person hun you are an intelligent woman that has been done over by a ****** company and is just standing up for herself you deserve a medal for getting it this far alone when its near impossible to find any legal help unless its defence Dont have a wobble now hun remember what this is about

I'm so glad I can always trust you when I need a good kick up the bum

You've been a gem throughout all of this and I'll never forget it

 

As my trusty Sat Nav always says..."calculating back on track..."

[kyleypie21]

Thanks wannabe Ive posted it in other places! x

[wannabedebtfreesoon]

Hi All : )

 

I've read this post with great interest.....

 

It truly is 'step by step' - 'tooth for tooth' guidance to the ups and downs and emotion involved in defending yourself against unscrupulous lenders.

 

I wish you all the best and I'm subbing with continued interest : )

 

Applecart : )

Hello Applecart, your support is greatly appreciated

It's true, it is a bloody hard slog being a layperson fighting against a big company and full of tears, tantrums and rewards. I hope that by documenting all of this it might help others who find themselves in a similar situation to fight back too

[rcl]

Its a roller coaster isnt it. Will be happy for the day things are resolved tho !

 

Andie, did you win ?

[beyondhope]

I'm so glad I can always trust you when I need a good kick up the bum

You've been a gem throughout all of this and I'll never forget it

 

As my trusty Sat Nav always says..."calculating back on track..."

 

 

Anytime hun you know that Without you I wouldnt even still be on CAG as I had got to the point where I was fit to give up and look where we both are now

I had my order through from the hearing 2wks ago, time to wait for docs to be served again now! Why are my court so slowwww!

As for you saying anything could happen by August its unlikely the speed the court are going

[wannabedebtfreesoon]

Hello everybody

So it's judgement day tomorrow

Although I won't find out what has happened until thursday

Strangely enough I was helping out on another thread-

OK I GIVE UP! IT'S CALLED "Court Order Received Today" In this forum.

and so far it appears to be the decision of the court in that case that even if they did have a court order they would still need a warrant of execution whereby bailiffs would be instructed to enter premises to retake goods.

 

I knew this but it's certainly reassuring to hear it actually being upheld by a court!

 

Just checked back thru my poc and thankfully I did put that point in so fingers crossed the Judge will pick up on it and realise that that liberty is reserved for their own bailiffs not average joe the repo man!

 

It's really hard when you know what should happen but you haven't got the foggiest what actually will happen! If there was an icon for biting fingernails and being all jittery I'd put it on now!

Edited June 22, 2010 by wannabedebtfreesoon
dodgy link!

[andie_303]

Its a roller coaster isnt it. Will be happy for the day things are resolved tho !

 

Andie, did you win ?

 

Did I win? Yes and No

 

Did I obtain a judgement in court? No

 

Did the judge advise them to settle some potentially damaging stuff? Yes

 

Did I have to pay Welcome any outstanding money? No

 

Did they have to pay me? Yes.

 

Am I allowed to give specifics? No

 

;)

[wannabedebtfreesoon]

Did I win? Yes and No

 

Did I obtain a judgement in court? No

 

Did the judge advise them to settle some potentially damaging stuff? Yes

 

Did I have to pay Welcome any outstanding money? No

 

Did they have to pay me? Yes.

 

Am I allowed to give specifics? No

 

;)

A win's a win's a win

we all know the truth, that's all that matters

[wannabedebtfreesoon]

Not heard anything from welcome

SJ application filed on 11th June and I submitted 2 copies too, one for the court to send to them.

I would've expected something by now, surely???

[beyondhope]

Hello everybody

So it's judgement day tomorrow

Although I won't find out what has happened until thursday

Strangely enough I was helping out on another thread-

OK I GIVE UP! IT'S CALLED "Court Order Received Today" In this forum.

and so far it appears to be the decision of the court in that case that even if they did have a court order they would still need a warrant of execution whereby bailiffs would be instructed to enter premises to retake goods.

 

I knew this but it's certainly reassuring to hear it actually being upheld by a court!

 

Just checked back thru my poc and thankfully I did put that point in so fingers crossed the Judge will pick up on it and realise that that liberty is reserved for their own bailiffs not average joe the repo man!

 

It's really hard when you know what should happen but you haven't got the foggiest what actually will happen! If there was an icon for biting fingernails and being all jittery I'd put it on now!

 

My head is so full of dance rehersals and sewing i thought it was fri ooo hun the possible end is in sight!!! if you want someone to jitter to you know where i am x

[beyondhope]

Did I win? Yes and No

 

Did I obtain a judgement in court? No

 

Did the judge advise them to settle some potentially damaging stuff? Yes

 

Did I have to pay Welcome any outstanding money? No

 

Did they have to pay me? Yes.

 

Am I allowed to give specifics? No

 

;)

 

 

IMO - thats a win

[wannabedebtfreesoon]

My head is so full of dance rehersals and sewing i thought it was fri ooo hun the possible end is in sight!!! if you want someone to jitter to you know where i am x

Thank you Well whatever will be will be.

It's just the thought of actually making THAT phonecall that is unnerving me!! I can't believe tomorrow it will be in front of a judge!

I know I've done my best and I couldn't have done any more

[Indebted1971]

I live in a block of flats and we have property managed car parks so no actual personal driveway but it is not managed by the council like the actually road outside the building so is my car classed as being on private property if parked on the managed car park?

[wannabedebtfreesoon]

I live in a block of flats and we have property managed car parks so no actual personal driveway but it is not managed by the council like the actually road outside the building so is my car classed as being on private property if parked on the managed car park?

As far as I'm aware private property is anything that is not public ground.

Also it still counts if the car is parked on a third party's property, so who owns the car park??

[hallowitch]

I have followed this from the start and i just want to wish you good luck for tomorrow

[Indebted1971]

Some property management company that all the owners of the flats have to pay a yearly fee to. I am definitely sure the maintenance of it is not done by council workers. So think in my case the car park may be classed as a third party's property

[wannabedebtfreesoon]

I have followed this from the start and i just want to wish you good luck for tomorrow

Have you really?? That's great Thank you so much, I need all the luck in the world! I really appreciate your support

[wannabedebtfreesoon]

Some property management company that all the owners of the flats have to pay a yearly fee to. I am definitely sure the maintenance of it is not done by council workers. So think in my case the car park may be classed as a third party's property

Well the rule is if it's not public property it must be private property. Who has access to it? Is it open to anyone to use?