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    • are we getting there now .thks DEFENCE  The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. the claimant replied to a request made under a pre action protocol   letter of claim  and a Consumer Credit Agreement request , pursuant to s.77 of the Consumer Credit Act 1974 )request made   on 19/11/2018 the reply contained  incomplete reconstitutions and with  with documents missing from the list in my request a cpr 31.14 request was made to the claiments solicitor on  02/06/2019 which the claiments solicitor has refused stating cpr  31 does not aplly even though no track has yet been allocated  1- The Claimant claims £657.10  is owed under a regulated loan agreement with  money in advance r. I did not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a Section 77 and CPR 31.14 request who are yet to fully comply. 2-the  Claimants statement regarding the assignation of the debt is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served on the defendant from either the Claimant or  money in advance  3 The claimant has produced  a reconstituted version of  the original agreement , it is considered that this is not a true copy of the executed agreement as it is the claiment has yet to  produced a copy of any legal assignment of this debt 4 It is therefore  not accepted 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 reached the amount claimed for  b) Show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA 1974. c) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  d as  per Civil Procedureicon 16.5 it is expected that the Claimants prove the allegation that the money is owed.
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      • 14 replies
toxicdebt

VT'd my car - blackhorse say i owe GAP insurance still?

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VT'ing my car as Ive paid more than 50% but no longer want the car.

 

Ive had a letter from Black Horse which (amongst other wrongs) states I owe them £249.66p for the remaining 2.5 years GAP insurance payments. They say if not paid it will be sold to a debt collector and my credit file defaulted.

 

These payments are listed on the Credit Agreement, but in a separate box to the breakdown of the car finance bit. They have added interest and stated the total payable is £511 paid monthly at £8.61 alongside the monthly car payments.

 

Do I have to pay Black Horse the £249.66 remaining GAP insurance like they say?

 

I'm thinking that as Ive paid half of it coupled with the fact its included in the Hire Purchase Agreement I can hand the GAP Insurance back too??

 

Where do I stand?

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The GAP is seperate to the finance - and as such it's usually chargeable.

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however it can be reclaimed?

 

 

it is not compulsory

 

 

dx


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perhaps you would post up the letter from blackhorse, and your agreement so that we can check

 

with pers details removed

 

that they our proceeding in line with s100 rather than their t&cs


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It wont let me upload any more attachments. Says im over my limit.

 

:(

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user cp to right

 

below left

 

attachments


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Have you already signed and returned that form?


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are there further pages of your agreeement?

 

As it stands its a multiple agreement under s18 cca1974 and should have two distinguishing headings in bold type

 

all I can see at the moment is an hp agreement and one signature

 

should also be A Credit Agreement with a seperate heading and signature.(for the insurances)

 

As regards the vt, they cannot charge for collection, whatever their t&cs say

 

And most importantly, you must be present at the condition report

 

and take proveable dated photographs of every aspect of the car.

 

If you have not already returned the form, do not sign any of their forms

 

statute overides their t&cs


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ps no wonder you ran out of space

 

 

your attachments are HUGH

 

 

a page should be about .1Mb not 11Mb!!


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There is a second sheet of T&C's. The Agreement posted contains my signature too. Its under one of the gray boxes.

 

I rang them and they said if i did not follow their instructions and sign and return their form I will be defaulted. I have already sent them the template letter from this site giving them 14 days. He said they had received it hence them sending their forms out.

 

Confused over whether to send their form back now or ring him bck and tell him he has been informed of my termination prior to him sending their forms out?

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that form says not about its a VT.

 

 

dx


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that form says not about its a VT.

 

 

dx

Sorry i thought id attached all 3.

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you attached all three

 

 

however that does not say VT under section 90 [i think] of the Consumer credit Act.

 

 

it simply says terminate

 

 

dunno what TOR thinks but I don't think that complies?

 

 

dx


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you attached all three

 

 

however that does not say VT under section 90 [i think] of the Consumer credit Act.

 

 

it simply says terminate

 

 

dunno what TOR thinks but I don't think that complies?

 

 

dx

I did send them the template letter off here stating Notice of Volentry Termination which they received today (I have a printout of their signature).

 

So it seems they just ignore the law and will do it their way or default you.

 

Seeing as Ive sent a VT letter, If I dont send their forms in and they dont get the car within the 14 days notice I gave them, can I charge them storage costs?

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now that would be funny!

 

 

dx


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few points to note-

 

1) that form refers to the resale price being adversley affected

that overides statute, the vehicle purely has to be in reasonable condition for its age

 

2)they cannot charge for collection, they can ask you to deliver a short (reasonable) distance from your home

 

3)from what we can see you have only signed an hp agreement, A Credit Agreement with a SEPERATE signature is required for the insurances

 

4)remember it is you who is terminating, under s99, s100 lays down the terms of vt not them

 

if they argue imo you could indeed charge them for storage

 

whilst I would not want to advise you to do anything which may harm your credit file

 

I personally would not sign that form, it opens the door to all sorts of arguments


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