Toyota Finance - Car loan question. Very concerned!

[Surfer01]

Funny I also reported the loathsome creature but they did not bother with a reply. This is out fourth privately bought Toyota and prior to that we had several Toyotas on long lease for our company over 10 or more years. No more!

[sammieM]

Hi,

 

This is my first and last one! My other car i bought cash and infuture i will do that! Sounds awful doesn't it two cars. But i do exhibitions and bought the toyota so i can haul all the equipment about.

 

I can imagine the cv for toyota employees, DO YOU HAVE ABILITY TO ACT AND PORTRAY YOURSELF AS AN IDIOT?

 

I have never meet such rude people, they think they know everything!

 

Do you know anyone who could help me get some of my monbey back as I only owed 1500 on it and they ahve had nearly £4000

[Surfer01]

I am defending a claim based on the fact that the claimant never complied with a S78 request having only sent me a copy of a copy of the agreement itself but no copies of T & Cs, statements etc. Having never been to court in my life I have no idea how to go about completing an Allocation Questionaire which has to be at the court by 08/03/2010.

 

In Part A settlement (1) Given that the rules require you to try and settle the claim before the hearing, do you want to attempt to settle at this stage? Are they referring to the amount to settle or are they referringt to discussion with the claimant regaridng the amount on the claim? I am on a DMP at present and paying the maximum I can afford and have never missed a payment although it has not been the required amount. Secondly I have every reason to believe that the original agreement is unenforceable.

 

Next (2) Do you want a stay? I do as I am waiting for them to comply with my SAR sent about 10 days ago.

 

Then (3) Would you like the court to arrange a mediation appointment? Yes as this may be in my best interest as I wil be able to demonstrate that I am making every effort to pay all creditors and that I am on a DMP. The concern here is that a fee pay may be payable but I have no idea on the fee and whether I can afford it.

 

Then (4) If you answered No to question (1) please state reason etc. As (1) is a bit ambigious, the answer to this querstion is variable.

 

Question on Pre-action protocols? Cannot do this until I receive the SAR which may not arrive before the 08/03/2010. What do I do?

 

Also asks the amount of the claim that is disputed. As I have been paying into the account, the amount now will be lower than the amount on the summons and I will only know the true amount outstanding when I received the SAR.

 

I guess that no experts are required as witnesses.

 

Proposed directions. I assume they are not talking about directions to the court. I would think that it refers to how I am going to go about defending the claim based on it being unenforceable. Only a court can rule that it is enforceable at this point.

 

Costs. Only if a solicitor is involved?

 

It asks if I have attached the fee for filing this allocation questionaire? On the "Notice that a defence has been filed" it mentiosn that the claimant must pay £200 on filing of their allocation questionaire buy nothing about the defendent.

 

I feel confident that I will win the first round based on the fact that the claimant is in default regarding the S78/99 request but I may have issues with the enforceablity of the agreement if a further summons is issued. If I lose the latter, can I assume that the claimant cannot then add on the £200 allocation fee to their final claim as this was based on S78/99 defence?

 

All help will be greatly appreciated. Thanks in advance.

[Surfer01]

Some advice would be appreciated. Thanks.

[Surfer01]

Has no one ever had an Allocation Questionaire before? I really would appreciate some advice.

[Surfer01]

I have received the Allocation Questionaire and would appreciate some help on completing the AQ bearing in mind that at the moment I am only defending it on the grounds that Toyota never complied with the S78 request as they only sent the top page of the agreement and nothing else. They should have sent a copy of the T & Cs and also a statement. See http://www.consumeractiongroup.co.uk/forum/legal-issues/248270-help-allocation-questionaire-received.html

[Series3]

when does it need to be back?

[Surfer01]

I have until the 08/03/2010 to submit it. It revolves around this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/241033-can-dca-arrive-your.html

[Series3]

someone will be along to help soon...I have to get a defense off today, still not panicking yet though...I just need it checked over.

 

series3

[MXBN]

I had the same thing, there are some links in this post I have ongoing with some questions I asked about it, hope it helps: http://www.consumeractiongroup.co.uk/forum/legal-issues/235633-what-do-i-do.html

[Surfer01]

Thanks. Helpful link. In my case the layers did not even bother to contact me in between receiving the DN in August 2009 and when I received the summons.

[Surfer01]

I defaulted on a loan with Toyota Finance and it has gone throught he courts but not completed as I have a hearing to attend on Friday.

They are claiming the outstanding amount of £6463.57 plus £225 court costs. I am now in a position to settle the account but want the rebate factor applied. They state they cannot offer it as it is in the hands of the court.

Surely as per the CCA if I pay off the account 2 years early I am entitled to a rebate. After all if I was not able to do so they would have the option of adding on interest.

Edited June 7, 2010 by Surfer01

[dx100uk]

any charges or PPI or any insurance on this agreements too?

 

dx

[Surfer01]

No none. I took a chance when speaking with the solicitor an told them that I am entitled to a rebate under the CCA 2004 and based on the new way it is calculated. Anyway told me that they woudl conbsult their client and phone me back.

Half an Hour later rebate calculated. They have now agreed to settle for £6000 inclusive of court costs. So good result saving me nearly £600!

[dx100uk]

dx