Go Debt old private & commercial finance 'debt' car finance Claim Issued

[AndyOrch]

Excellent....thanks Tiny...let me run through this tomorrow now as its a little late.

 

Regards

 

Andy

[Tiny1983]

No problem, thanks for all the help and attention.

[Tiny1983]

Any comments or advice anyone? We need to try and get this sent this evening/tomorrow morning. Thanks again.

[AndyOrch]

Bringing forward proposed defence

 

The particulars of the claim:

 

1) By agreement between private and commercial finance ltd (the creditor) and go debt ltd (the claimant)

the debt owed by the defendent to the creditor was assigned to the claimant on 30.3.2010

 

2) The claimants claim against the defendant is for the sum of £4182.11

being the balance outstanding on a conditional sale agreement No. XXXX (the agreement),

regulated by the CCA 1974 made in writing between the creditor and the defendant on the 18.5.07.

A copy of the agreement is attached.

 

3) The creditor agreed to finance the defendant to purchase a motor vehicle XXXXXXXXXXXXX (the vehicle)

 

4) The total payable under the agreement was £6189.84, a deposit of £800 was paid by the defendant.

The defendant agreed to pay the balance of the total price by 47 monthly instalments of £119.58 and a final instalment of £219.58,

an acceptance fee of £250, and the title transfer payment of £100.

 

5) The defendant failed to maintain payments of the instalments due and was in breach of the agreement.

 

6) The default notice dated 19.9.08, was served on the defendant by the creditor, a copy of which is attached.

 

7) The default notice contain an automatic termination clause headed "further action".

Defendant failed to satsfy the default notice and termination occured on 5.10.08.

 

8) The vehicle was recovered and disposed of via public motor auction,

the creditor wrote to the defendant on 23.6.09 with details of the sale price of the vehicle and charges incurred.

A copy of the letter is attached.

 

9) The last payment made by the defendant was on the 31.7.08, despite request for payment the defendant has failed to pay the said sum of £4182.11.

 

10) The claimant has complied with sections III and IV of the Civil Procedure Rules Practice direction, relatin to pre action conduct.

 

 

Proposed Defence

 

 

 

I XXXXXX am the defendant in this action and make thefollowing statement in my defence to the claim made by Go Debt LTD

 

 

 

1) I do not feel that the amount should have been passed from Private & Commercial LTD (the original creditor) to Go Debt Ltd (the claimant) due to the Unlawful Repossession of my vehicle by agents acting on behalf of Private and Commercial LTD, in breach of S90 CCA1974, and my remedies for that breach provided by S91 CCA1974.

 

2) I do not feel that any amount is owed, as stated above; however within particular 2, it may be noted that, the amount stated of £4,182.11 is not the correct amount 'owed',the particulars suggest that the total amount payable under the agreement was £6,189.84;however the attached original conditional sale agreement shows a different figure. The attached evidence does notsupport that the outstanding sum owed could be £4,182.11. No evidence is offered in relation to the method by which the claimant calculated any outstanding sums due and the attached evidence suggests a differing figure.

 

3) I accept particular 3 in relation to the claim, the finance for vehicle Peugeot 307 Rapier, registration XXXX XXX was taken out by me from the original creditor. It is noteworthy that the conditional sale agreement does not make reference to a booster loan that was added to the account by the original creditor, and the evidence suggests (letter dated 23RDiconJune 2009, liability amount) the claimant is making a claim for this withoutany agreement documents etc.

 

4) The conditional saleagreement suggests a different figure to that of particular 4, it states that the total amount payable was £6,889.84 not £6,189.84 this further adds to thevague and insufficient evidence within the particulars suggesting the amount owed.

 

5) Unsure what to note here????????

 

6) The default noticewas not received as the house of which I owned at the time was subsequentlyrepossessed due to financial difficulties I was facing at the time. The default notice was not provided to me atthe time a Subject access requesticon was sent to the original creditor; the firsttime I have seen said default notice was at the time of receiving thisclaim.

 

7) I accept that thedefault notice contains the information advise in particular 7, however as thedefault was never received, and no effort was made by the original creditor tocommunicate any facts to me via telephone or agents, this unbeknownst to me.

 

8) The vehicle wasunlawfully repossessed and subsequently sold at auction, I can neither confirmnor deny if the letter was sent due to, as previously mentioned, not residingat the property any longer as the original was aware, and having a care ofaddress for me.

 

9) The narrative andthe list of payments do not correspond with one another for example thenarrative suggest a payment of £200 has been taken, however on the list ofpayments it states £119.58. I cannot be ascertainedthat the figure of £4,182.11 that the claimant is suggesting is the correctfigure, as the default notice and the liability amount on letter dated 23rdJune 2009 suggest differing figures when calculated.

 

10) not sure what to add here???

[AndyOrch]

Defence

 

 

1. Paragraph 1 is accepted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with private and commercial finance Ltd (the creditor).It is denied and not accepted that the agreement was legally assigned to the claimant.

 

It is also brought to the courts attention that this claim was speculatively issued in July as to avoid the Statute of Limitations being applied and the particulars of claimed being served much later.

 

2. Paragraph 2 is denied and not accepted as a true figure of any alleged indebtedness as the original creditor was in breach of the agreement before any alleged assignment.

 

3.Paragraph 3 is accepted and admitted.

 

4.Paragraph 4 is denied and incorrect or truthful.It is admitted a deposit of £xxxxxxx was paid

 

5.Paragraph 5 & 6 is noted but the claimant did not serve a Default Notice to my place of residence.

 

6.Paragraph 7 is unknown having never received a Default Notice.

 

7.Paragraph 8 is denied .The vehicle was unlawfully repossessed and subsequently sold at auction, I can neither confirm nor deny if the letter was sent, as I was not residing at my original address/ property any longer as the original creditor was aware, and also having a care of address for me.

Notwithstanding the above as over a third of the payments had been paid the creditor unlawfully took action it was not legally allowed to take.

 

8.Paragraph 9 is denied and do not equate to the statements and DSAR in my possession.

 

9.Paragraph 10 is denied and is pure fantasy to mislead the court...my only knowledge of the claimant and balance claimed was on receipt of this claim.

 

Therefore Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show and evidence any breach and subsequent Notice of Sums in Arrears.

(d) show and evidence that a Notice of Assignment was served pursuant to the Law and Property Act 1925

(e) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

10. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

11. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

12. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

Edit to suit

 

Regards

Andy

[Andybars]

Perhaps Andy can clarify but should the defence to point 4 actually read

 

 

4.Paragraph 4 is denied and incorrect or untrue.

 

 

Andy (a different one)

[AndyOrch]

Paragraph 4 amended....thanks Andy

[Tiny1983]

Thank you so much to all. We have submitted this via email, and asked for a confirmation of receipt. What happens now?

[AndyOrch]

The court will forward a copy to the claimant and they have 28 days to respond...if they fail the claim is stayed if they respond the claim is allocated and transfered to your local court...you will know if they are proceeding if and when you receive a directions questionnaire (N180).

 

Andy

[Tiny1983]

Ok no worries, thank you. I guess its a waiting game now and see what they come back with! Will keep you updated.

[Tiny1983]

We have received a ''notice of proposed allocation to the small claims track". Not sure what we do now?

[dx100uk]

wait

[Tiny1983]

Ah right ok? Do we not need to respond, what are we waiting for?

[dx100uk]

You MUST complete and return the Questionnaire by the date advised.

[Tiny1983]

Ok no worries, it state we have until dec 30th. Well get this done this weekend. It also offers mediation to settle out of court; should we enquire regarding this?

[AndyOrch]

You should participate in mediation...all parties are expected to by the court...irrespective.

 

Andy

[Tiny1983]

Hi all.

 

Well the court date is fast approaching, and we're feeling a little nervous and unsure to be honest. We looked into hiring a solicitor for this as it seems to much to be able to defend, knowing that they will have qualified attendees, however they were quoting £500 consultation and then more if they help defend; that's that idea gone!

 

We are getting everything together this weekend and looking for any and all advice possible to aid us in defending this claim.

 

Thanks for everything everyone.

[Tiny1983]

hi all

 

see attached some of the documents that Go Debt have submitted to the court, along with some of the documents already posted earlier in the thread.

 

Any help/advice much appreciated.

 

thanks again.

[dx100uk]

nicely avoiding the unlawful repo .....

 

 

dx

[Tiny1983]

We now have to submit everything to the courts regarding our evidence etc, anyone any help or advice regarding this?

 

There are aspects of their submission that we feel are wrong, for instance the letter that they cannot find that they say my partner received, they can submit a reconstituted one?

 

My partners mother made the last few payments and my partner didn't acknowledge the debt in writing, nor by offering a payment, wouldn't this be statute barred?

 

Thanks in advance everyone

[theoldrouge]

Away till Thursday

Re read page 3 of the thread

 

The SAR narrative and what andyorch

 

Said earlier

 

I would assume that on the balance of probabilities that is not her signatureicon on the copy of a voluntary surrender...otherwise a date an time would be arranges and the keys and documentation would be handed over and also a receipt from the collector would have been required.

 

That would make more sense with regards to the balance of probabilities.

[Tiny1983]

hi all,

 

thanks again for the continued input.

 

We have put together all the documents to submit to the courts (and a copy of the Hollis Briggs Sols)

and have asked her father to write a witness statement.

 

 

I have attached these for your perusal, and hope that you can give any help or advice as usual.

 

thanks again all

[dx100uk]

wifes name instatement

 

 

dx

[Tiny1983]

Ah damn; are you able to amend it at all mate, I am out at the moment? Alternatively I'll be home in a few hours and I'll have it done then

[AndyOrch]

Wifes name still showing at point 9......attachment unapproved.