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sorry to post this here, im no it guru and computers i find challenging.

 

Ok here goes, i signed a personal loan in FEb2007 CCA1974, despite requesting a vauxhall dealer provide me with contract hire. They promised this was this case and i foolishly took their word and signed an agreement, only 6 months atherwoods did i realise and 3 years on im left with a loan for 11000 and a car worth 5000. This all sounds so silly and i feel like a fool but i put faith in these people and they stabbed me in the back. I have complianed since the moment i realised but the lender (bank of Scotland) does not give a damn and now referred it to a solicitor. I have reffered it to the FOS but still waiting on feedback, not expecting much but i had to try. I have been contemplating these cancel my loan companies but worried about being ripped of by them for little reward in times where i really made need all money i have.

 

Effectively i want to look into the loan i signed, as since looking over the agreement in more detail, there are some incorrect details on the agreement, such a s wrong address, acknoledged by the lender the day before i signed it, other wrong dates ad also incorrect mileage put on agreement. This whole thing seems very complicated and i could really do with some good advice to get me going. I have tried reading lots of posts last few days but cant seem to find what i need to get my teeth into this.

 

Could someone please assist me in these very troubling times. :(

 

Many thanks

 

Adam

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It would be easier for people to help if you scan the documents, remove identifiers and post it up. There are several things which need to be looked at to see whether the agreement is enforceable.

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as per your request please see the pdfs of the cca 1974 agreement i signed without realising that it was a loan not a hire agreement. The only things to note is that gap insurance was written into the plan, the address they put the agreement as was incorrect, wrong house number, the mileage was wrong also under other details.

 

Part 1 and 2 here, 1 presume i can do 3 and 4 n next post..:rolleyes:

Edited by badbadhabit
rememoving pdfs
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Part 1 and 2 here, 1 presume i can do 3 and 4 n next post..
You can. ;)

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I seemed to of reached my maximum upload so have ha to scan at a lower resolution :S now all 5 as jpegs. i hope this is clear enough to be read.

 

now attached are the documents i think you need, i did sign a ppi application form however i didnt want it so never started paying, do you need this stuff?

 

Thanks again its so useful to have someto talk too. Whether or not the outcome changes its just nice to know someone can help. I spoke with my local branch of the oft today, after moaning at consumer direct that they had no info to help me, as soon as i said the agreement was with bank of scotland he said its not even worth him looking at it?

Edited by badbadhabit
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sorry the pdfs were to big so now redone and in process of uploading them. as the jpegs are tiny lol. will delete others to keep it as simply a possible for you all. Sorry for this. Will be making a donation shortly as i really appreciate the assistance

 

Regards,

 

Adam

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I'm afraid the thumbnails are too small, try uploading the remaining three pages as a jpeg file at TinyPic - Free Image Hosting, Photo Sharing & Video Hosting then copy & paste the URLs back here.

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I'm not too clued up on these type of agreements, the prescribed terms seem to be in order but the figures need checking. Hopefully someone will comment shortly, if not I'll try to get someone to take a quick look if I can get hold of him. ;)

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Hi stercus,

 

I appreciate your feedback in this stressful time. Fingers crossed there maybe an expert around that can crunch some numbers for me. What can i do to help other members as i feel as if i am taking without helping others?

 

Adam

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I PM'd someone to have a look for you, hopefully he'll log-in today & pop by.

What can i do to help other members as i feel as if i am taking without helping others?
You don't have to do anything other than offer encouragement to others. The longer your a member the more you'll learn & you'll then be able to pass that knowledge on. ;)

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thanks my new friend, i shall learn what i can and pass it on to the people that need the knowledge, as this surely is the true lesson of life lol outside of being rountinely stiched up by self motivated self focused corporate greed machines

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  • 2 weeks later...

From looking at your agreement it might not be enforceable depending on when you took it out, you need to read these regulations that set out how the agreement should look like:

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1407&d=1193875465

 

First thing is your invoice states you have gap insurance but the agreement lists no insurances taken out, so if you paid for the gap insurance on finance it should be listed as an insurance not part of the goods.

 

The other thing depending on when you took out the loan is that gap insurance needs to be ticked and signed for in a seperate box, do you have a copy of the signed agreement and did it contain a box asking for the gap?

 

We are currently fighting the same point in court so if the case continues we'll find out in August how strong that argument is.

 

Also why are they saying on the invoice they owe you £115?

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  • 3 weeks later...

hi someone else, manythanks for the reply. To top off my problem with a large debt my children's mum has been taken ill so having to work alongside alot of childcare and My situation with this debt has still not changed, and after sending letter requesting a copy of the original agreement i have heard nothing whatsoever after 1 month.

 

The agreement was taken out in FEB 2007.

 

The 115 was a return of my deposit if i remember correctly.

 

How are thigns progressing with your case? My debt is with solicitors and the bank of scotlands legal department will no longer talk to me at all, decling to take calls etc. Also how do i put forward my concerns over the errors in the agreement? you have mentioned your situation is simluar, how did you put it across to them?

 

Hope all is well and things are working in your favour!

 

Regards

 

Adam

Edited by badbadhabit
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hi thanks for the post to thread, been having a good read and hopefully some will sink in :S.

 

Just a quickie, on the loan agreement the wrong address was used, no1 not no.4 where i live. Does this hold any relevance to my case?

 

Thanks

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I doubt it, it'll probably be seen as de minimus.

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  • 1 month later...

just as an update, i managed to balls up the county court paperwork, and despite regsitering my want to represent myself at a local court and acknowledging service a judgment was entered against me. I have request the judgement be set aside and i now have a hearing for this hopefully happen at the discretion of the court on the 18h of June.

 

Prior to the court issuing paperwork i sent the the bank of scotloand a request for the agreement enclsing the £1. Cheque required. I have heard nothing from them full stop or the solicitors they have appointed (DWF). Do i mention this in court first time at the set aside bit or wait to the first hearing? i presume first but an answer would be welcome.

 

I have also appointment a third party company called credti clear uk, no win no fee etc. hey have said if they can reduce my debt by 50% or more the fee is 500 which in my eyes, despite i will have blots on credit file doesnt seem like to bad a deal. Given that the car i still have is worth nearly that figure. If you have any comments on this please let me know

subjetc data access request with cheque 001forcosnumser credit forum.jpg

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Send this to DWF;

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

Print name do not sign

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If they fail to produce the documents you can enter an 'Embarrassed Defence' to the court;

 

1. I, ********** of ************** make this statement as my defence to the claim brought by **************

 

2. The claimants particulars of claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR Part 16.

 

3. No documents supporting the claims in the particulars have been offered either to show the Claimant has the right to bring the claim nor that the amount claimed is correct. As a result I cannot plead in defence to the claim

 

4. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to the above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

 

I believe that the contents of this defence are true

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i appreciate your response and will get busy on it!

 

Lets see where it takes us and them, Quite bizzarley today, blackhorse have been in touch, my agreement was with the bank of scotland and since the banks cocked up our financial world, they have been taken over by lloyds tsb. LlOyds Knew very little, have no documentation as yet however he did say they had a copy of the agreement Hmm?, and no knowledge of me serving the suject access request for a copy of the contact. He asked me to post a copy of my complaint to the ombudsman and said on reciept of this he will negotiate a reduce settlement so we are all happy :S Obviously the prospect of having my debt largely reduces appeals however i clearly do not trust the banks, and therefor am not sure if sednign them copies of what i have sent before, is going to help or hinder me moving forward.??

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They should send all the documentation you need with the CPR 31.14 Request.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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