Can someone cast an eye over my problem please?

[kittiej]

Hello People

 

I'm being taken to court for the finance co to get possession of my car due to missed payments.

 

I have a couple of issues which I would like someone to clarify if possible please. (Bear with me it's a case of one HP agreement forming part of the current one)

 

Previous car loan was applied for by OH and all negotiations were between him and salesman. OH couldn't get credit so over the phone salesman asked me if there was anyone elses name he could use as we would lose the car otherwise. Reluctantly I gave mine - doh.

 

I was asked to sign some forms and we had the car. I had no idea what the payment terms were at time of signing since OH had agreed the terms not me. (Was this mis-sold to me because of this? It was late 2005 and I had no pre loan info whatsoever either)

 

FFwd 2009 bought another car with £1000 owing on first car. "Not a problem, we can sort that out" says the salesman. I was asked if I wanted a warranty, 'no' I said. Next day I had a call to say 'new loan is agreed and we're throwing in a free warranty'. Great I thought, this is persuading me to def take the new car.

 

I'm now being taken to court as I said so after looking at my HP agreement and other paperwork it turns out the warranty was not free and the RTI insurance was only for a couple of years but I am paying over the life of the loan which I didn't know.

 

So can I counterclaim the warranty, RTI insurance, late payment £30 fees, and the £1000 added onto this agreement from the first agreement since I wasn't told that this is what they were going to do? Had I known I would not have gone ahead at that point, I would have waited the extra 4 months and paid off the first agreement because what is 4 months when the first agreement was over 4 years?

 

Can anyone offer any advice since I have 9 days left to file my defence. Thanks

[kittiej]

Hi i need a bit of help please.

 

I've had a default notice which was dated 17th Oct (Weds) and sent 2nd class. It states that the arrears must be brought up to date before 6th Nov and then says a bit further down that I should bring my account up to date before the date shown.

 

So service = 4 working days after date of notice = 23rd Oct and there should be at least 14 days as I understand it. Am I correct in thinking they have only allowed me 13 days?

 

Please help.

[dx100uk]

in this day and age

 

they'll just issue a new one.

 

tell us about the debt.

 

dx

[kittiej]

It's for car hp. I've got to hand in my defence by the end of this week and the DN is in the POC. They are after possession of the car so wondered if this dn is defective?

 

Thanks

[Guest]

from what you say, it does seem 1 clear day short if can show 2nd class and rely on service rules. is the rest of the dn compliant? anything else? whilst it may be argued that they might be able to issue a 'new' dn either corrected or with current dates, that has not been authoritatively tested afaik.

Edited November 26, 2012 by Ford

[kittiej]

thanks Ford

 

Black Horse state it was sent 2nd class in the particulars of claim and witness statement so they admit it themselves

[Guest]

is the rest of the dn compliant? any other poss issues?

[Guest]

is the rest of the dn compliant?

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.pdf‎

[kittiej]

Not that I can see with the DN, the agreement hasn't been signed on their behalf and there isn't a date either. I was told I would get a free warranty because I previously said I didn't want one but guess what - it's in the agreement and I've been charged for it and there's return to invoice insurance on there.

 

I had an agreement on a first car and when there was about £900 left I got this car however they just told me 'we can sort that' instead of telling me they were adding it onto this agreement. So the fact they 'could sort' the first lot of finance out, were offering me their version of the £2k scrappage scheme and a free warranty as well enticed me to buy this car

[Guest]

hp? how far are you in?

[kittiej]

The term was 60 months and I'm 41 months in.

 

The car has an inherent fault which i found out about 14 months into having it (an injector failed which i had to pay out for) BH didn't want to know and said it was probably due to wear and tear and they weren't responsible due to a reasonable amount passing . I wrote back and said no I disagree and they said get a report done which i couldn't afford so I left it at that. This saturday I had a letter from VW to say my car was part of a small batch affected by a production fault so it wasn't due to wear and tear.

 

I have been scared to death to drive the car since the first injector went and have not enjoyed using it one bit - I digress sorry

Edited November 26, 2012 by kittiej

[dx100uk]

two threads merged

 

as this DN issue is to do with a court case then the dates are important.

 

you didn't say that in your org question

 

please keep to one thread.

 

is the date in the format DD/MM/YYYY

 

there are lotsof things as ford says to look at

 

theres a document around that goes through them.

 

dx

[kittiej]

Sorry dx I wanted to check the dn out as I received a copy in the witness statement today. I can't read the pdf on this computer I'll have to try the other one.

 

The dn says 6th November 2012 and not 06/11/2012

 

The actual agreement doesn't have a date.

 

Thanks

[dx100uk]

try this

 

dx

[kittiej]

Thanks x

[Guest]

less any identifiables, what is their particulars of claim?

[kittiej]

Return of goods after termination of agreement

 

Parts 1 to 6 their details, my details, car details.

 

parts 7 to 9 amounts payable, amounts paid, unpaid balance (did you need to know these?)

 

part 10 (interestingly) A default notice was served by 2nd class post on 18th October (DN says 17th)

 

part 11 the right to demand delivery accrued on 9th November

 

part 12 Amount claimed as alternative to delivery of goods £6015.11

 

part 13 Amount claimed in addition to delivery of goods £1872.31

 

AND THE CLAIMANT CLAIMS

 

A) An order for delivery up of the goods as detailed in item 6

 

B) The arrears of instalments and half total amount payable under the Hire Purchase Agreement and balance due under Loan Agreement item 13

 

C) The costs of this action.

 

Statement of truth dated 9th November 2012.

 

So are they saying I received the DN on the 18th or that they sent it on that day?

 

Thanks

[Guest]

is this re a vw polo?

[kittiej]

No a Pass-it

[Guest]

oh ok, polos renown for this sort of injector/compression problem.

 

maybe best transfer your thread to 'legal issues' subforum seeing as there is a court claim. there might be a counterclaim? or is there more experience here? dx?

 

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

[kittiej]

Thanks Ford x

[Guest]

it seems that a compliant dn is required. q is if its just on that 1 day whether a J on the day will say its non compliant and not enforce.

otherwise, and in any event, there may be a poss counterclaim as you point out

[kittiej]

Thanks Ford

 

The Poc has the 18th stated as well which would make it 2 days out perhaps so maybe with the confusion on the DN and the poc the J **might** not look too lightly on BH. They didn't send a letter before court action either so I will contest their costs too.

 

Just to edit, dx asked how the date was set out, does this matter? I can't see anything in the document I read on this thread.

 

Thanks x

[Guest]

have flagged your thread for any further input

[kittiej]

Thank you