Allocation court hearing tomorrow - urgent help needed

[merc_can]

posting on behalf of family member who has court case (allocation??) tomorrow WEDNESDAY

 

Looking for real quick pointers and advice on what they should say or do at the hearing ... no real idea what an allocation hearing is ?

 

They say all figures are different that they received compared to the package sent to the courts

 

Details ....

 

They are in a dispute with RCI Financial services (Nissan, Renault)

 

Purchased a car in April 2010 for £13,500, paid instalments until needed to change payment date from 2nd to 28th this was agreed however RCI stated that we had missed one payment and owed £300,

 

In September they took the first payment from the new agreed payment date of 28th in October they decided not to continue the contract

 

In October they issued a default notice and termination notice and in November they proceeded to use a company called Anglia to snatch back the car.

(Not sure if Default Notice was ever received by them but in SARs documents that they requested)

 

The car was snatched back from private property proceeding to break into the car, this was against the 1974 consumer credit act ?

 

In March 2011 they sold the car in auction and stated they received £8,500 from the auction they then issued court CCJ action to recover “repudiated” damages for £16,500 minus the £8,500,

 

We ended up with no car and a damage claims for default of £8,000, they claim repudiated for all

 

 

Facts

 

1) RCI are extremely difficult company incompetent in managing HP contracts, very aggressive and not able to negotiate with.

2) RCI use the repudiated contract clause to extract damages

3) RCI are not interested in any form of negotiation

4) RCI employ Anglia recovery who use lies and misinformation to recover vehicles

5) RCI are now pursuing court action and use Solex solicitors who again do not want negotiation they want f=damages and costs

 

Avoid this company do not use for the purchase of Renault or Nissan vehicles

Any help much mich appreciated

Merc

[wannabedebtfreesoon]

Hello and welcome to CAG

 

First things first, an allocation hearing is no big deal-it's certainly nothing that will decide the outcome of this claim.

All civil claims need to be allocated to a 'track' which is usually dependant on the amount of the claim. In your case, as the amount is for more than £5k but less than £15 it's more than likely it will be allocated to the Fast Track which will come with its own set of rules and guidance.

 

So what is the situation with regard this claim? Was a defence filed within the 28 day time limit? Are you disputing the whole claim? Did you make a counterclaim?

 

I'm not sure what you mean by "in October they decided not to continue the contract "

Is this a Hire purchase agreement??

Sorry for all the questions (and there'll probably be more!), but we really need to know all the details in order to give our opinions.

[merc_can]

This is a HP agreement under the consumer credit act 1974

 

The agreement was tto defenderminated because of 2 missed payments it ran from April to October

 

I wrote many letters to understand the amount needed to be payed

 

The termination was deemed repuditary based on missd payments

 

The amount claimed is £5K over the original amount borrowed

 

The SAR report contains inaccurate documents wrong names, wrong dates etc

 

The repocession was undertaken by Anglia which used force and lies and sought to undertake repocession from the private drive

 

Let me know how best to defend

[merc_can]

To reply

 

I have contested the claim from RCI using the court forms and discussed the idea of mediation,

 

My defence is they did issue the correct termination information documents

They illegaly repocessed the vehicle

[Gaston Grimsdyke]

Hello and welcome to CAG

 

First things first, an allocation hearing is no big deal-it's certainly nothing that will decide the outcome of this claim.

All civil claims need to be allocated to a 'track' which is usually dependant on the amount of the claim. In your case, as the amount is for more than £5k but less than £15 it's more than likely it will be allocated to the Fast Track which will come with its own set of rules and guidance.

 

Just for info the fast track limit is now 25K.

[dx100uk]

had they paid more than 1/3rd at the time of repro?

 

dx

[merc_can]

No we paid approx 1K of 13K it was a 5 year HP agreement and lasted exactly 6 mths before termination

[dx100uk]

then they can take their var from your private land

 

its only after 1/3rd that they cannot without a court order.

 

dx

[wannabedebtfreesoon]

To reply

 

I have contested the claim from RCI using the court forms and discussed the idea of mediation,

 

My defence is they did issue the correct termination information documents

They illegaly repocessed the vehicle

In order for it to have got to allocation stage you would have needed to have filed a defence, do you have a copy of it you could scan and post up minus personal details?

[cab1ne]

then they can take their var from your private land

 

its only after 1/3rd that they cannot without a court order.

 

dx

 

not quite right dx,

 

they can not repo off private property without a court order,

 

section 92 cca 1974. the 1/3rd rule does not apply.

 

dave

[emandcole]

Updates on this one at all?

[merc_can]

Thanks for all advice so far .. much appreciated

 

Allocation hearing was very brief and moved to fast track. If required mediation could be discussed in parallel .. but not sure what may come of that ?

 

Trying to get some of the documents loaded up ... for further advice ...

 

 

 

Thanks

 

Merc