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Van Reposessed on Hire Agreement, Regulated by Consumer Credit Act


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Hi many thanks for reading my thread and any advise would be greatly appreciated :-

I purchased a brand new van in 2007 from Network / Leaseplan, The contract states it's a 'Hire Agreement regulted by the consumer credit act 1974' under payments it says, Timing of rental payments one advance payment of £1057.50, 47 monthly rentals of £351.90 followed by final rental of £6247.48.

I have never received any term of conditions and only have the agreement papers.

I have other paper work saying - Schule AA Finance Gap Terms of finance 48 months,

amount financed £17909.28, vehicle purchase price £19054.91.

Having paid the initial £1057.50 and making 37 payments 0f £351.90 up to and including 13/08/2010. I was then hit by the down turn in the ecomony and been late with the payments in July 2010 & Aug. 2010 and not been able to pay Sept 2010 two burly agressive men appeared on made doorstep with a vechile collection reciept (Not A Court Order) and took the vechile.

A couple of months later we moved address and I thought that was the last I would hear.

Fast forward to April / May 2012, A High court enforement officer appeared on my doorstep saying They was a judgement against me and I owed £4922.94 to Leaseplan.

I now started to do a my homework and question the original actions.

I have a CCJ against me for £3700.00 from Leaseplan. I sent a N244 to my local county court to 'Stay the High Court Writ' and have the 'Judgement Set Aside' and have the case transferred from Northampton

I recieved a court letter today stating the writ of fi fa stayed pending an hearing.

The hearing to be THIS Friday 6th Sept.

If some one could help me with the following questions please:-

* I was never issued witha court order for the van been reposessed

* Am I protected under the Supply of Good(Impied Terms) Act 1973 having paid more than a 3rd

* Are Leaseplan allowed to transfer the CCJ for High Court Enforcement if protected by the Consumer

Credit Act.

* I have repeatedly written and requested T&C's still not recieved any.

* I was never issued with a sale figure of the van, which I have also repeatedly ask for.

* No finance interest rates are on the agreement.

Finally what worries me more then anything is the contract Stating 'Hire Agreement (Not hire Purchase) regulated by the consumer credit act 1974, does this effect my rights.

Apologises for the long initial statment, many thanks

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Sorry but i'm new to CAG, Have I posted in the right area, I've noticed alot of views but so far no replies, I'm in court tomorrow, any help or advise

would be greatly appreciated.

Many Thanks

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