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    • I suggested consideration of bankruptcy some years ago. It was not well received.
    • That is a superb WS. However, I have a few tweaks to suggest. In (2) "indicating" not "indication". I think to be consistent with your numbering, in (6) the Beavis case should be EXHIBIT 2. Do you really need to include over 100 pages of Beavis?  I think that would be likely to annoy the judge.  Just try and find the bit where they decide it was not a penalty due to having an interest in limiting the time that vehicles can stay. I'll have a look myself for this bit later as it's highly likely to be in WSs from PPCs who think that that paragraph means all their charges are valid always on every occasion. After your current (7) add this.  It's always useful to refer to a judgment when making a legal point - 8.  In the case PCM vs Bull, Claim No. B4GF26K6, where the Defendant was issued parking tickets for parking on private roads with signage stating “No parking at any time”, District Judge Glen in his final statement mentioned that: “the notice was prohibitive and didn’t communicate any offer of parking and that landowners may have claim in trespass, but that was not under consideration”.   In (14) if my maths are right the CPR request should be "EXHIBIT 3".  it is missing from your list of exhibits. In (16) the two figures should be £100 and £170.  They are entitled to increase fro,m £60 to £100, they are not entitled to increase to £170.  To make it clear for the judge I would write - 16. The Claimant has artificially inflated their claim for a £100 invoice to £170. This is simply a poor attempt to circumvent the legal costs cap at small claims. 17. The Claimant has also invented a second fictitious charge, for legal representative's costs, when they have no legal representative. You also need ot number your exhibits. The rest is excellent - well done.
    • Did you ever think of walking away? Become bankrupt and in 12 months it'll all be behind you. My feeling is that you may well get nothing from the sale of the property anyway. Going by the date this thread started it looks like eight years of arrears, lender's costs and receiver’s fees on top.
    • Just to clarify - I make use of evening legal clinics. It is not always possible to see a lawyer (they have limited time and days/week).  This means questions one has may never get answered or there's weeks between follow-ups.   To be really clear - I am representing myself; I am playing at being lawyer/ barrister - which means I take help wherever I can get it (and then research it thoroughly). Ae - a judge in a recent hearing pointed out the receiver is not part of my current proceedings - and suggested I have a separate claim v the receiver. Disclosure has presented damning evidence v the receiver  The receiver against whom I have a complaint is not part of the receiver governing body.   The receivership is in 2 names - a joint one.  My complaint is directed at whom I was told is the lead receiver.  The other named receiver IS a member of the governing body.  But he has now left the company.  And the lead receiver has retired - but is still a working consultant on my case.   All the evidence shows it was the 'lead' receiver who was doing all the  work/ the misbehaviour.   But if the appointment was 'joint' would I make a complaint against them both?    I am sure that wouldn't go down well with the other receiver who is at the beginning of his career. The law is very much against borrowers.   But the evidence against this receivership is crystal clear.   I just don't know how and to whom to complain.   The places I've tried so far don't offer much transparency       
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Link Financial Outsourcing / Ford Credit Europe - Car Repossession


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Hi, I am hoping someone can help me out here.

 

I bought a Ford Focus in December 2008 on a Hire purchase agreement.

 

Unfortunately due to some personal circumstances and a bad time in business, I fell behind on my repayments and my debt was sold to Link Financial Outsourcing (LFO) in January 2012.

 

This means I had repaid more than two thirds of the debt and so LFO would need a court order to repossess my car.

 

I rely heavily on my car for work (I run a software consulting firm) and so rang LFO to see if they would accept a repayment plan on a monthly basis

but I was informed this was not possible and I had 6 weeks to repay all the money.

Rather stupidly I said, this was something I could do but the payment date has been and gone and I have not paid.

 

Today I received a letter (Dated May10th) explaining they were now issuing court proceedings against me

and I had to contact them within 48hrs to prevent it happening.

 

I've tried calling but to no avail. As today is the 15th, I presume they have already set the wheels in motion.

 

My question is;

what is the process here?

Am I right in thinking that they will try to take out a CCJ against me and that I will then have 28 days to pay this, before the baliffs come calling?

Or have I got that completely wrong.

 

I can lay my hands on this money by the end of June (I owe £2,531.86) and would be able to clear the debt in full,

but somehow I don't think LFO would accept this at this stage.

 

My Credit Report is completely shot anyway so at this point I am not too bothered about getting a CCJ

(I already have one from a failed business deal) which was filed recently so either way it's going to be 6 years before it starts to repair.

 

I would be really grateful if someone could please explain the process that LFO are now going to go through

and how much time I have realistically to pay the outstanding debt off.

 

I'd be thankful for any information you can give me.

 

Please ask for any more information you need.

 

Many Thanks,

Matt

Edited by mjg1989
Couple of typos!
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Have a read around similar threads on the forum.

Try to glean what knowledge you can.

 

First things first DO NOT PHONE LINK UNDER ANY CIRCUMSTANCES.

 

Make your offer to them in writing and get a proof of delivery,

make sure that you can comfortably afford to pay what you offer,

in my opinion you should not say that you will pay it off in one go.

 

Should they then issue proceedings you will have demonstrated a willingness to pay.

 

I am sure that others will be along soon and you will get more advice.

Dont let the parasite dca's prosper

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Hello there,

 

If you still have the vehicle the application they are making is known as a 'return of goods order'. This is a request to the court for an order to be made allowing the creditor to take the vehicle back.

You can prevent the car going in two ways:

 

a) you can make reply on the form offering to pay the regular instalment + a little bit extra each month (thus reducing the balance over an affordable period) or offering the lump-sum once you get it

b) asking the court to make a 'time order', these are a little bit more involved and best explained within the following fact sheet:

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=06_time_orders

 

if you need any further assistance reply on here, we'll pick it up :)

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i would sar the OC.

 

there appear to be some reason why they have sold this on.

 

else they would have done the chasing etc themselves.

 

there is a reason this is a lemon.

 

poss PENALTY charges

or

PPI

 

both can b reclaimed,

 

and you also need to look at 'other' insurance that they made you take out too.

if you have the agreement still please post it up

 

and get that SAR off ASAP.

 

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

.

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the all the replies.

 

I'll dig the original agreement up when I get home and post it on here.

 

I believe it was sold on as I was sent a Default Notice from FCE for £394 at Christmas which I unfortunately failed to pay. LFO then picked the debt up.

 

Am I right in thinking that once I get the Return of Goods order, there will be an option for me to offer a monthly repayment?

I can get access to the full amount, but if it were possible to spread that out over a few months that would be great.

 

Would LFO insisting I pay the full balance within 6 weeks of my original call be bully tactic in order to get their money faster?

 

Thanks again.

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Hi again, you will be able to either pay monthly + a tiny bit extra or consider a time order - which could allow a lower payment for a temporary period if it is felt by the court to be fair on both parties.

 

And, yes, they are being a little bullish!

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Thanks for clarifying Sequenci. Just one question. When you say "pay monthly & a tiny bit extra", do you mean pay the original monthly payment (£168) and a little bit on top?

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Thanks for clarifying Sequenci. Just one question. When you say "pay monthly & a tiny bit extra", do you mean pay the original monthly payment (£168) and a little bit on top?

 

Absolutely. The more you can manage the better; an extra £50 usually seems to go down quite well.

 

Print off the following fact sheet, it's useful!

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=16_hire_purchase_debt

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Thanks Sequenci, that link was great and explained it all to me. I feel much better now knowing there is the option of continuing with a monthly repayment instead of having to pay it all in one go. Really appreciate your help :)

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