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Help! Car repossessed, only 1 month behind, not received Termination letter..


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The DJ who overturned their judgement, and allowed us to file a defence and counterclaim, has had it alocated to himself for hearing - and I quote his words from last time "I'm for the Defendant in this matter"

 

That's a double-edged sword, though, surely.

 

Isn't justice meant to to be a process where all the evidence and mitigating circumstances, from both sides, is heard before an impartial person? And isn't that person only meant to base their decision on what they have heard after they have heard all the evidence?

 

Any judge who said that about a case I was involved in would make me nervous, even if they were on my side. Too much chance for the other side to call foul. I would want to win fair and square because I was right, not because it was a foregone conclusion regardless of the facts.

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That's a double-edged sword, though, surely.

 

Isn't justice meant to to be a process where all the evidence and mitigating circumstances, from both sides, is heard before an impartial person? And isn't that person only meant to base their decision on what they have heard after they have heard all the evidence?

 

Any judge who said that about a case I was involved in would make me nervous, even if they were on my side. Too much chance for the other side to call foul. I would want to win fair and square because I was right, not because it was a foregone conclusion regardless of the facts.

 

I believe he was referring to the evidence he had seen/heard at the point he made the statement, not inferring any future loyalties/views...

 

Mike

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Right, got you :-)

 

I dunno, I'd still be wary though, if it were me. That "I'm for the defendant..." statement could be interpreted by the other side as bias before the case had even been heard - just be careful it doesn't turn around and bite you on the butt!!!

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  • 2 months later...

Ok, things progressing towards the hearing, statements filed etc, docs exchanged HOWEVER, Santander have put a FRAUD warning on my OH's credit file!!

 

I saw it by mistake last week, was at the bank, speaking to my business manager, and he was looking at a change of account for our business, he had to do a basic validation search with experian, on myself alone - and it came up REFER, he went into the details page briefly to see the reason, and I saw it, plain as day "Mrs GSMGuy - CIFAS FRAUD WARNING - Aiding or abeting for the purposes of fraud" CHEEKY BLOODY SODS!!

 

Solicitor was away until Mon, but will take advice tomorrow... Am seething!

 

Mike

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More "happenings.."

 

Got a copy letter from my sol on Tues..

 

Santander have now sold the car at public auction... AFTER having it in storage for over 14 months... For about £5k LESS than it was worth when they took it.. They also mentioned our £2k+ of personal posessions, taken with the vehicle, saying "With the passage of time, Manheim (auction) cannot now locate these items, as they have therefore been lost or disposed of" I am livid!!!

 

They had until yesterday to pay the £545 to the court for the hearing fee... Wonder if they were feeling particularly spiteful... OR maybe, one of the first questions to be asked in the hearing would have been "Why have you still got the car in storage if you believe you were 100% correct when taking it?" Surely we can't be held liable for around £5k in depreciation, through no fault of our own...

 

Their letter also contains a further part 36 offer, requiring payment of £8000 (going down) which we will of course reject... It also contained their statements re reposession etc, which are basically lies.. ie "we did not require a court order to repo" etc..

 

Thoughts anyone??

 

Mike

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  • 1 month later...

Ok, so inabout 11hrs, we are back in court over this.. Santanders' sols doing their best to "scare" us by emalig - at 5:30pm, a "schedule of their legal fees" to date, including £2250 for tomorrow's appearance and other costs to date totalling over £8,000... Makes our legal costs to date of £1000+vat look trivial lol..

 

Anyway, I firmly believe the truth is on our side, as after all, it's in black and white that they said one thing, and then did another.. Just a shame they decided to sell our car after keeping it in storage (and depreciating) for 14 months!

 

As an aside, I also discovered earlier today, that although at the last hearing, theor judgement was set-aside and we were allowed to file a defence and counterclaim, some 7 months later, it still appears as a CCJ on Mrs GSM's credit file... Surely that's a case of not complying with the last court order??

 

Wish us luck..

 

Mike

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  • 1 month later...
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