plz could anyone explaine solicitor letter

[k f watch]

forum220001.pdf[/ATTACH][/ATTACH]hi guys,

im in court next mounth and have recieved letters from claiments solicitors

from which i dont quit understand.if anyone could advise i would b gratefull

thanks kf watch

forum330001.pdf

forum110001.pdf

[k f watch]

forum220001.pdfsorry

i missed one of the attachments

not sure even if ive done it correct forum220001.pdf

[gezwee]

Standard consent with no costs. If they discontinue they'll struggle to bring the claim again.

 

Have you incurred much in the way of costs? Do you believe you have a cast iron defence and would receive a judgment in your favour?

 

Difficult to advise without knowing the full facts of the case and your feelings toward continuing.

 

Gez

[k f watch]

hi thanks

to cut it short they r claiming around ten thousand odd plus the van from me, plus costs.

first time i went to court for this it was ajourened,

the solicitor acting on behalf of the claiment had no noledge of the case wot so ever and

thier statement of truth ,which stated at the end of it statement of truth and was signed the truth.

well it had not a lot of truth in it and did not state the facts of this matter.

the solicitor on the understanding thought, and based thier statement on that

it was just a case of me stop paying for no reason.

which in court was to my benifit, and was ajourened .

i was ordered to present my statement typed up back to the court and the solicitors

with in ten days which i done ,and then later i recieved thier new statement.

its at the stage now ware im set to go to court and they r sending me letters i dont understand

which i believe i have the wright not to sign if i dont understand.

i can post anything that would help anyone advise on this matter or details.

many thanks

kf

[gezwee]

Am I understanding correctly that this is both possession and settlement of outstanding agreement they're offering to discontinue on?

 

Is there any way they can get their ducks in order and re-issue at a later date [assuming permission granted by the court]?

 

I'm guessing there's either a failing in documentation or a possibility of a counterclaim from you that's made them backtrack

 

If you've incurred minimal costs and you don't believe they could form a case in the future it could be an easy way out of the proceedings for you. The consent is exactly what it says on the tin....... claimant discontinues, no costs awarded to either party....... end of case.

 

Gez

[k f watch]

hi

i hope its my statement of truth that has taken affect,

i have only minor costs, to my understanding they state in the letter i attached

that they r confident they will recieve a return of the goods order! but then they r prepared to discontinue the claim.

does this mean they feel they could lose in court .

thanks

kf

[gezwee]

Yep, I think that's probably the case

 

What happens if you ever want to dispose of/sell the vehicle is another matter though, is this a HP agrement they were trying to enforce?

 

Gez

[k f watch]

surely if they wish to not continue with the claim,

it would mean that they wont claim the money and the van or costs.

its a hire agreement for a lease contract if that helps which i was miss sold.

kf

[gezwee]

They won't continue with the claim but they will make it difficult/next to impossible for you to dispose of the van...... if its a conditional sale/HP agreement they will continue to record title and any outstanding monies.

 

Not sure of a way round it to be honest, not saying there isn't one, just not aware of one.

 

Gez

[k f watch]

thanks

i never thought of that ,glad i never signed

[gezwee]

I'd wait until there's a few more on here tomorrow during the daytime to see if anyone can come up with a solution.

 

It may even be favourable for you to consent to discontinuance and run the van into the ground. There's always a risk that they may win the day in court and you lose the van and end up with a judgment against you. Something else to consider [i think, although I could be wrong], if you ever suffered a loss on the van the insurers would pay the title holder not the policy holder.

 

You really need to ask yourself if you'll end up out of pocket on the deal or if you'll have reached status quo. If you belive you've suffered financial damage and can win in court [better the position the consent would offer], then you need to make a decision which way to take it.

 

Gez

[k f watch]

hi all

i dont understand about title of ownership for the the van,

is there anyway for me to find out if i am the title holder .

the log book is in my name and is insured as me as the owner.

the claiment tried to re register the van in thier name ,which

dvla sent me a letter stateing someone else is trying to apply for the log book

and asked if i would give permission or not .i dident and the van still remains in my name and posession.

would be helpfull if i post up my statement or any outher documents for all to look at.

many thanks

k f watch

[wonky100]

I'm interested to know if anyone has any answers regarding the title of the van, as I too have a lease car. Not that I've missed any payments for it or anything, but like k f watch, the log book is in my name and I've taken insurance out in my name, albeit I did tell the insurer that it's a lease car and the log book does state "this document is not proof of ownership". This is my first lease car and I've read quite a lot of nasty stories on CAG re lease cars.

 

Apologies for hijacking the thread, but any advice would interest me.

 

Hope you get sorted k f watch!

[k f watch]

hi

me to i would be interested to no, ive done the data check and came back with my details but dident state title .

i then called dvla to confirm but was refused the information cant quit remember why this was.

ive had to deal with baliffs and the police on a few occassions !! nightmare !! baliffs were out of this world.

p.s i kept up all payments and stopped paying after paying over 12000.

i stopped paying after getting no ware dissputeing and dident fancy being spun over by these

criminals.

k f watch

p.s i would happy to help and awnser anyones qeustions if they seek help and advise from my experience

[k f watch]

hi all

i phoned solicitors today to discuss the consent order as i dident quite understand it ,

only to be told it means exactly what is says,! helpfull!!

so i politetly replied to my understanding the claiment wishes not to claim the van and money and would be the end of the matter.

thier replie was yes. i then asked if they would delete all details against me which they could not confirm.

i dont trust these n starting to feel they dont want to go to court .

k f watch

[gezwee]

Really not sure what to suggest Kf...... you could cut your losses now and settle by consent, knowing you'll never pay them another bean for the van.

 

Still leaves you with an uncertain position of whether you can dispose of the van and recoup some of your money.

 

Sorry, not able to offer any solid advice, can only go over the options as I understand them.

 

To be honest, the consent option looks favourite as the case stands and affords you the protection of no further financial loss........ bear in mind, there's nothing stopping you pursuing them at a later date for damage if/when you can be certain of the merits of such a case.

 

Gez

[k f watch]

thanks

most gratefull

i would be more than happy to end this matter , if the letter was in plain english i could understand

i may have signed it on them terms. i believe i have a good case against them .

k f watch

[gezwee]

Hi Kf

 

Always a difficult choice to make and one that has to be yours. Best advice I can offer is to take the weekend to weigh up the pros and cons of continuing with the case......... Make a decision on Monday, stick with it and don't get looking back wondering what if.

 

They've decided they don't want to pursue this, whether its genuinely for commercial reasons or because they believe they'll get their balls stamped on in court......only they will ever know.

 

Whatever you decide, I'm sure you'll receive continued support on here

 

Gez

[k f watch]

thanks

exactly what im going to do.

 

k f watch

[gezwee]

Sensible decision, let me know how it goes

 

Gez

[stu007]

Hi

 

Hope this may be of help: