claimform received -Bmw finacial services ***Claim Discontinued***

[zanyhell]

Hi,

Could someone point me in the right direction as to my problem

 

I took out a car loan in april 2004 from lloyds bank

 

 

due to unemployment ceased making payments in june 2006 the loan was for 4 1/2 years.

 

 

I have had dca chasing ever since, in september 2014

 

 

i wrote to them stating that the loan was statue barred

 

 

have now received a summons ,

 

 

In a letter to me the solicitors state that the default date is when the original debtor was entilted to demand payment

ie at the end of the loan october 2008 ,

 

 

I received the summons september 2014 also stating that there is case history ie

bmw finacial v hart regarding this date, but i thought i read somewhere that this had been overturned

 

Could anybody tell me what the present situation is regarding this

[renegadeimp]

Ignore them. Its SB no matter what they say. SB is an absolute defence if you've been 6 years with no payment or written back of the debt

[havinastella]

Did you receive Court papers? In September?

[dx100uk]

Hi,

Could someone point me in the right direction as to my problem

 

I took out a car loan in april 2004 from lloyds bank

 

 

due to unemployment ceased making payments in june 2006 the loan was for 4 1/2 years.

 

 

I have had dca chasing ever since, in september 2014

 

 

i wrote to them stating that the loan was statue barred

 

 

have now received a summons ,

 

 

In a letter to me the solicitors state that the default date is when the original debtor was entilted to demand payment

ie at the end of the loan october 2008 ,

 

 

I received the summons september 2014 also stating that there is case history ie

bmw finacial v hart regarding this date, but i thought i read somewhere that this had been overturned

 

Could anybody tell me what the present situation is regarding this

 

 

do you mean you have a claimform from northants CCBC?

 

 

dx

[zanyhell]

Hi ,yes i received court papers in september

and i am due in court next week

[zanyhell]

Hi i have received a ccbc from northampton

[havinastella]

Did you defend as statue barred?

 

What was their POC?

 

What was your defence?

 

When was the last payment and was it a loan, credit card, overdraft?

[dx100uk]

please fill this out

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

and post up your defence suitably redacted

as advise above.

 

 

dx

[zanyhell]

Hi yes my defence was that i believed it was statue barred ,

The loan was a car loan

 

The particulars of claim are

 

The claiments claim is for the sum of £6873.74 being monies due

from the defendant to the claiment under an agrrement regulated by the consumer credit act 1974 between the defandant and lloyds

under account reference xxxxxx

and assigned to the claiment on the 19/10 2011 notice of which has been given to the defendant

the defendant failed to maintain contractual repayment under the terms of the aggrement and a default has been served which has not been complied with

the claim includes statutory interest pursuarant to s69 of the county court act1984 at a rate of 8% per annum (a daily rate of £1.67) from the date off assignment of the

agreement amounting to £71.68 to date but limited to a maxium of 1 year

[dx100uk]

ok please fill in that link and post it here [completely] please

 

 

dx

[dx100uk]

your defence please

 

 

dx

[Guest]

is contentious.

4.5 yr loan term from april 04. so, loan amount not 'due' until around sept 08. bar cld run from then.

unless they asked for the outstanding amount prior. it was assigned in '11 so they must've before assignment.

did you get any notice requesting full payment, when?

s6 limitation act also, if applicable.

[renegadeimp]

It depends though ford. If they defaulted the debt before the time they could call it in happened, then they would have teriminated it themselves. Therefore the SB date could run from the default. However, its likely to run from last payment or written ack. In this case, since there seems to be a lot of argument on here about it, i would speak to someone like national debtline as they would have the latest info on it.

[Guest]

It depends though ford. If they defaulted the debt before the time they could call it in happened, then they would have teriminated it themselves. Therefore the SB date could run from the default. However, its likely to run from last payment or written ack. In this case, since there seems to be a lot of argument on here about it, i would speak to someone like national debtline as they would have the latest info on it.

 

 

thats what i mean. if they called it in prior, then seems bar wld run from then or last payment since then.

but if they dont do anything prior to its end of term, then seems bar wld run from the end of term when its due.

it is contentious.

there is that boot v boot case which questions s6.

i dont know whether s6 wld apply here.

[AndyOrch]

In the Chester County Court Mr Hart was successful in his application, arguing that the claim had been issued beyond limitation. The Judge, applying the case of Reeves v Butcher [1891] 2 Q.B. 509, held that the limitation period commenced from the date of breach i.e. July 1999 when Mr Hart had failed to pay the monthly instalments. The Judge concluded therefore that the claim had indeed been issued out of time.

 

The credit agreement in question was a hire purchase agreement. Clause 11 of the agreement stated: “(a). The Owner [bMW] will be entitled to terminate the hiring either by retaking possession of the Goods, or by written notice in any of the following circumstances … (i) If the Customer fails to pay on the due date for payment, any rental or other payment under this or any other agreement with the Owner …”. Clause 12 provided as follows: “(a) If the Owner terminates the hiring or this Agreement under Clause 11, or if the Owner accepts the Customer’s repudiation of the Agreement, the Customer shall pay to the Owner (i) all rentals and other payments which are due but unpaid; and (ii) as compensation and/or liquidated damages for breach of the Agreement, the Balance of Amount Payable...

 

BMW Financial Services appealed this Judgment and the issue was deemed of such significance that they were granted permission to proceed straight to the Court of Appeal. On appeal it was held that limitation commenced when the termination notice had been served or the debtor's repudiation had been accepted. It was concluded that it was not until this point that BMW Financial Services was entitled to issue a claim for the full outstanding liability under the agreement because until then it had not actually fallen due.

[zanyhell]

Thankyou all for your help

 

Im am trying to find the original agreement so as to provide more details.

I did send a cpr request to the solicitors and received reply along the lines that that they did not have to provide me with information

I also sent a cca request to the dca in september and to date have not received a reply

[dx100uk]

can we see your filed defence please

 

 

dx

[zanyhell]

I just said that i rejected the claim as i belivered the debt was now statute barred

[zanyhell]

Thankyou all for your help ,

 

 

They have backed down 1 week before the hearing ,obviously they don't believe in there own argument that bmw v hart applies in this case

[citizenB]

I just said that i rejected the claim as i belivered the debt was now statute barred

 

You cant simply reject a claim - you MUST submit a defence, even if it statute barred. There is a specific response to a SB debt, but I am not sure yours is if you only stopped paying/defaulted 4.5 years ago !

 

If you don't submit a defence, then they will obtain a judgement by default.

[citizenB]

Thankyou all for your help ,

 

 

They have backed down 1 week before the hearing ,obviously they don't believe in there own argument that bmw v hart applies in this case

 

What do you mean they have "backed down" ? Have the advised the court they are discontinuing their claim ?

[zanyhell]

Hi yes they have advised the court they are discontinuing the claim

[renegadeimp]

Have you recieved confirmation from the court?

[zanyhell]

Hi yes i have a letter from the court and from the solicitor

[AndyOrch]

Well done zany....

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy