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

[theoldrouge]

Yes get it settled first then make them suffer

[RCT40]

Yes get it settled first then make them suffer

 

After all this guy has put us through I'd love to make them suffer. My wife is dreading having to go to court, she does even drive only on the agreement because unless she co signed they wouldn't grant finance.

 

After all this guy has put us through I'd love to make them suffer. My wife is dreading having to go to court, she does even drive only on the agreement because unless she co signed they wouldn't grant finance.

 

The court is isn't close, but I can get our statements there personally on the very last day, so I guess with your expertise I've got what I need and its just a matter of waiting for my copy of the witness statement?

[theoldrouge]

Yes wait for their WS , andyorch will I'm sure go through your ws in reply

to ensure its correctly written

The docs combined with your evidence you now have should certainly see off their case

[RCT40]

Yes wait for their WS , andyorch will I'm sure go through your ws in reply

to ensure its correctly written

The docs combined with your evidence you now have should certainly see off their case

 

Thanks for everything Rouge, have a good weekend.

[RCT40]

Yes wait for their WS , andyorch will I'm sure go through your ws in reply

to ensure its correctly written

The docs combined with your evidence you now have should certainly see off their case

 

Hi Rouge,

 

I checked with the courts this afternoon and the payment required by 4th November hasn't been made yet by the claimant, I couldn't get much information from them other than they allow a little extra time for payment - do you have any idea what is the norm for this?

 

The case has also been sent by MCOL to the wrong court, and I need to write in to have it transferred - do you think I should hold off on this for the moment until payment has been made?

 

Thanks

 

RCT

[theoldrouge]

known the payment to be a few days late, happens quite often

 

Andy best to ask about the transfer,not come across that before

[RCT40]

Thanks for the update Rouge, I really don't want this to be abandoned

- this guy has form for brining it back under another guise

- so want to see this through to the end and get my credit file cleaned up.

[RCT40]

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

 

Been reading this with interest, as I noticed the pre-contract document I have was provided by CCTA, so claimant must be a member to use it? Or should I contact CCTA to verify the fact?

 

The car was repossessed in 2012 the link is a document updated early 2015, is it possible to get ta copy of the code of conduct from 2012?

[AndyOrch]

I would wait and check again if the hearing fee has been paid and if they follow the directions before you progress with your directions (disclosure/witness statement).

 

Keep your eyes on the dates though...even if they fail to comply you must still follow directions.

 

Andy

[theoldrouge]

CCTA code came in 2011, with few variations since

 

You need to read FCA conc 4.2 RCT pre contract disclosure

On mobile at moment, will provide you with some links later

[RCT40]

CCTA code came in 2011, with few variations since

 

You need to read FCA conc 4.2 RCT pre contract disclosure

On mobile at moment, will provide you with some links later

 

Thanks rouge, I've spoken to CCTA this morning, they were members of CCTA and therefore bound by their code of conduct in 2012 which is when all of this occurred. They did however resign as member in 2013. I have membership number etc they were very helpful.

[RCT40]

I would wait and check again if the hearing fee has been paid and if they follow the directions before you progress with your directions (disclosure/witness statement).

 

Keep your eyes on the dates though...even if they fail to comply you must still follow directions.

 

Andy

 

 

Thanks Andy, I will be checking with the court again Friday and in the meantime I will work on my WS so that I can file on 25th as directed.

[AndyOrch]

Thanks Andy, I will be checking with the court again Friday and in the meantime I will work on my WS so that I can file on 25th as directed.

 

Post it here for opinions before serving

[theoldrouge]

Thanks rouge, I've spoken to CCTA this morning, they were members of CCTA and therefore bound by their code of conduct in 2012 which is when all of this occurred. They did however resign as member in 2013. I have membership number etc they were very helpful.

Excellent RCT 4.3.2(f) of the code very relevant then

Not surprised they resigned ,not keen on regulation perhaps?

[RCT40]

Excellent RCT 4.3.2(f) of the code very relevant then

Not surprised they resigned ,not keen on regulation perhaps?

 

Definitely, and I think that 4.8.11 is probably relevant also all coming together nicely.

[theoldrouge]

heres your reading RCT, from the Law Commission proposals for Bills of Sale especially s4.3

 

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

[RCT40]

heres your reading RCT, from the Law Commission proposals for Bills of Sale especially s4.3

 

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

 

Very interesting, thank you!

[RCT40]

Hi guys, claimant made payment yesterday. I've been going through my pile of paperwork again and have a question if I may, on 22/07/2016 The claim was issued with the county court for £5,000 and on 22/07/2016 claimant sent me a Notice of Sum in Arrears for the amount of £7,911.68 - this is the first notice I have received, this also says I will already have received a default notice which is not true. How can both the notice and the claim be issued on the same day for two vastly differing amounts?

[theoldrouge]

Yes you will need to fully cover this and the lack of DN within your WS

[RCT40]

Hi Guys,

 

I'm working on my WS and along with the differences noted in the pre-contract, it took 18 months to receive copies of the signed agreements, involving three written requests to the claimant - with this in mind is this section of the CCA relevant to quote from? http://www.legislation.gov.uk/ukpga/1974/39/section/61A ?

 

Thanks

 

RCT

[RCT40]

Post it here for opinions before serving

 

Hi Andy,

 

Attached is a first draft of my witness statement, I wonder whether you could take a look let me know your thoughts please?

 

Thanks a million

 

RCT

DGH-WS-NOV-DRAFT_Redacted.pdf

[AndyOrch]

Very in depth and succinct ...just a few suggestions.....change all to " I the Defendant " and in your intro at 1. Introduce yourself ..full name and address and that to best of knowledge you submit the following witness statement as a true state of facts to claim brought against you and will state as follows.....

 

Then go into your statement.

 

Unless your have previously made a Part 20 counter counter claim with your initial defence then you must make an application (using the N244 and fee) to submit a counter claim...you cant tag it onto a witness statement... unless as stated it was already included within your initial defence.

 

Regards

 

Andy

[RCT40]

Thank you very much Andy, heck of a task putting that together. I'll adjust you have suggested. There are a couple of areas I need to finish up correctly and a raft of supporting docs to reference- and will look to submit a counter claim application, which I did mention in my initial statement. I'm hoping rouge will also stop by for a look today also.

[theoldrouge]

Could you post up the copy of the pci that you recently found RCT please

[RCT40]

Could you post up the copy of the pci that you recently found RCT please

 

Attached Rouge!

docs1a .pdf