Finance U aka Corner Park Garage - claim form***Claim Dismissed***

[AndyOrch]

Just provide a further copy to the court then......thats why we advocate using MCOL rather than snail mail...safer...secure and free:-)

[RCT40]

They did have the defence, otherwise I'm sure Mr Humprhries would have been sitting on the judgement link. Seems they lost their file. I'm going to use the full 14 days I have to respond I'm not in any rush

 

Thanks for the help though Andy.

[theoldrouge]

sorry for delay in reply, due to personal issues

 

been through your SAR, as Andy has indicated, follow any court directions and timelines to the letter

[RCT40]

Hi theoldrouge,

 

Hope all is well.

 

Did you find anything useful?

 

Its all been done as it should be, I'll update the thread once I hear from the court again.

 

RCT

[RCT40]

theoldrouge,

 

Received a letter today from court, hearing in January, but I have to file witness statements with the courts for myself and my wife by 26th November. Do you have any suggestions after looking over the SAR please?

 

Thanks

 

rct40

[theoldrouge]

did you receive a reply to your 31.14 request RCT?

[RCT40]

I had the CCA, but not the CPR.

[theoldrouge]

its going to be a very tricky one RCT, for especially two reasons

will go back through your SAR in the next two days to remind myself

it will be best to wait and reply to their ws provided they submit in time

[RCT40]

Thanks, he also needs to pay for the hearing as well - I'll check after 4th November that was done.

[theoldrouge]

Few questions RCT

Who presented you with the docs for signing

Who told you to and why did you sign undated docs

Who told you to and why did you sign that you had received the pre contract docs

Who was present at all the signing

[RCT40]

Morning Rouge,

 

The docs were presented to us for signing by the creditor.

They told us to sign the docs, I'm 100% they were dated 31/3/2012 which was they day we signed.

They told us to sign that we had received pre-contract, we signed them because we received them that day.

They, myself and my wife were present at all the signing.

 

Hope that helps things

 

RCT

Edited October 28, 2016 by Andyorch
Name removed

[theoldrouge]

do you still have the original copy of the pre contract that you were given?

who exactly was the "they",was it the person who witnessed your signature on the BOS?

[RCT40]

I didn't receive an original copy of anything on the day I picked up the car.

I left with only the order form,

debit card receipt

and a hand written receipt,

one key (the second key is kept until the car is paid for).

 

Yes, the they was the same person signing the BOS.

Edited October 28, 2016 by Andyorch
name removed again

[theoldrouge]

the big problem here is you signed that you had received a copy of the PCI which they dated Apr 6

the PCI is valid from Apr 6 to 13

you are going to have a mighty job convincing the court that your agreement was dated Mar 31

when this doc is produced

 

the other issue is the lack of a default notice

unlike the industry standard (the CCTA code which has been adopted by the law commission in this aspect)

 

there is no provision in the agreement for VT or indeed VS of the car, whilst the agreement is live

so imo they would need to issue a dn as the agreement is of course regulated by cca1974

 

forgot to add that you also signed that you had received a copy of the BOS, also dated 6 april

[RCT40]

So they have me essentially over a barrel, and I may as well admit defeat and give the guy his £5k?

 

But, as you stated I have no ability under the agreement to VT or VS - and I think essentially the story is that I decided I didn't want it anymore and gave it back.

[theoldrouge]

I dont think you will be able to convince the court on the BOS paperwork

there is of course the issue of lack of default notice,al though the court may allow them to remedy this, so would only be a temp delay

You could of course state, in negotiations prior to the hearing, that by handing the car back whilst the agreement was still live

that as with the CCTA code you understood this would be in full settlement of the agreement

Attempt a reduced settlement with no CCJ( tomlin order)

 

will get some reading for you

[RCT40]

Rouge,

 

I've just gone back through my paper work, seems I have a two copies of the pre-contract, one with dates and another without! Also the doc myself and the wife signed acknowledging the pre-contract is undated.

[theoldrouge]

https://www.ccta.co.uk/wp-content/uploads/2016/06/Bills-of-Sale-Code-of-Practice-consumer.pdf

[theoldrouge]

Rouge,

 

I've just gone back through my paper work, seems I have a two copies of the pre-contract, one with dates and another without! Also the doc myself and the wife signed acknowledging the pre-contract is undated.

Brilliant that could change everything

[RCT40]

Brilliant that could change everything

 

Ignore the PM, I thought you'd missed that update.

[theoldrouge]

http://www.lawcom.gov.uk/wp-content/uploads/2016/09/lc369_bills_of_sale_summary.pdf

 

Both links well worth a read in any case

[theoldrouge]

youve now got so much more to throw at them excellent:-)

[theoldrouge]

so you can now show you were given the PCI on Mar 31 as you have been saying

so the PCI dated apr6 to 13 invalid

BOS not registered in time

Fraud really, well worth a report to the FCA

[dx100uk]

:whoo:

[RCT40]

so you can now show you were given the PCI on Mar 31 as you have been saying

so the PCI dated apr6 to 13 invalid

BOS not registered in time

Fraud really, well worth a report to the FCA

 

Wow that is good news, should I report this now? How do I go about it?

 

Or should I wait for this all to play out first?