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

[RCT40]

All good RCT, you handled the letters in 2013 very well

 

They certainly provide excellent evidence to support your WS

 

Your mention of coming away from the signing with the blank pre contract

 

Your handing back of the car after exceptional pressure and coercion without ever having received a copy of

 

The executed agreement or the Bill of sale, not denied in their reply

 

Your expectation that handing back the car would settle the matter as per the CCTA code

bearing in mind that you had not received the above docs

So

 

All good

 

Hi Rouge,

 

To keep you up to date, I've spoken to the court this morning filing a counter claim and the Jan 17 hearing has now become a preliminary hearing rather than the end of it. Not sure why its changed though.

 

RCT

[theoldrouge]

CPR27.4 and 27.6

 

Personally I would have stuck to defending

 

Given the circumstances could get very complex imho

[RCT40]

I had already made an original counter claim, as part of my defence, but not paid the fee - its done now so will see it through.

[RCT40]

CPR27.4 and 27.6

 

Personally I would have stuck to defending

 

Given the circumstances could get very complex imho

 

Hi Rouge,

 

I've just returned from the preliminary hearing, which quite frankly seemed to be a waste of time other than putting a face to the claimant.

 

Part of this process was having a 10-15 minute chat with the claimant to try and settle our differences rather than going into court.

 

In part of this chat involved a number of veiled threats for me to settle,

one I'd particularly like a view from on the forum.

 

According to the claimant,

once this goes to a full three hour trial, and as he believes he gets his CCJ I will also automatically get a charge placed on my property - I would value opinion on this.

 

Thanks

 

RCT

[dx100uk]

no, they'd need to apply later and you can object.

 

 

sounds to me they are trying all the tricks in the book to spoof you into folding...

I wonder why....?

[RCT40]

no, they'd need to apply later and you can object.

 

 

sounds to me they are trying all the tricks in the book to spoof you into folding...

I wonder why....?

 

Thank you DX, thats what I thought, but needed to check. I was also told another joke by this guy, as I'd bought a car from the previously with their finance I didn't need a copy of the agreement, the pre-contract is all they needed to give me.

 

I think I've heard enough rubbish today to last me a lifetime.

[AndyOrch]

If they do get judgment they will automatically be entitled to secure by Charging Order...no need for application or hearings...nor can you object.

 

Regards

 

Andy

[dx100uk]

there you go RCT

thanks andy.

 

 

dx

[theoldrouge]

Thank you DX, thats what I thought, but needed to check. I was also told another joke by this guy, as I'd bought a car from the previously with their finance I didn't need a copy of the agreement, the pre-contract is all they needed to give me.

 

I think I've heard enough rubbish today to last me a lifetime.

Were they represented, sounds not

 

Did anything else come up of importance

 

Anything J had to say?

[RCT40]

Were they represented, sounds not

 

Did anything else come up of importance

 

Anything J had to say?

 

Not represented, its was the managing director himself.

 

It was a deputy judge,

only dragged there to confirm that we agreed it should be a 3hr as opposed to a 1hr window for trial.

 

 

The only thing as mentioned above is in discussions the claimant suggested to me that he didn't have to give me anything more than a pre-contract because I'd had a car from them previously, and this one was an upgrade that I knew what the terms and conditions of the agreement were.

 

For some reason I don't think thats correct,

although I didn't think a charge was automatically allowed onto the property until Andy filled in the details - but tbh I'm not allowing a threat of a charge to make me cave in at this point.

[AndyOrch]

From 1 October 2012 onwards

 

If the creditor applies for or is given a CCJ against you on or after the 1 October, they can apply for a charging order straight away. This applies even if you are up to date with payments under the CCJ.

 

If the CCJ was made before 1 October 2012 but the order to pay by instalments was made or asked for on or after 1 October, the creditor may argue that they can apply for a charging order straight away. Some judges may accept this argument even though the original judgment was made before 1 October. This is a ‘grey’ area and you may need to get advice about what to do.

[theoldrouge]

Not represented, its was the managing director himself.

 

It was a deputy judge, only dragged there to confirm that we agreed it should be a 3hr as opposed to a 1hr window for trial. The only thing as mentioned above is in discussions the claimant suggested to me that he didn't have to give me anything more than a pre-contract because I'd had a car from them previously, and this one was an upgrade that I knew what the terms and conditions of the agreement were.

 

For some reason I don't think thats correct, although I didn't think a charge was automatically allowed onto the property until Andy filled in the details - but tbh I'm not allowing a threat of a charge to make me cave in at this point.

 

 

so he doesnt have to give you an agreement or a default notice:lol:

 

I certainly wouldnt be folding at the moment

[RCT40]

so he doesnt have to give you an agreement or a default notice:lol:

 

I certainly wouldnt be folding at the moment

 

No chance of that happening Rouge, I quite enjoyed our little conversation, this guy really does think he's god - I wasn't the one stuttering and looking rather nervous by time I told him to forget it.

 

Apparently I'll be receiving copies of his diary in the coming days as evidence of what I've said to him in the past - I guess he's probably writing it as we speak I'm surprised they'd not come out with the SAR.

[RCT40]

Thank you for the nitty gritty Andy. Although I guess if it comes to that, it really isn't the end of the world as I've not plans to sell my home in the foreseeable future.

[dx100uk]

all sounds like intimidation by the claimant to me

[RCT40]

all sounds like intimidation by the claimant to me

 

Thats about the size of it dx.

 

 

I did offer to drop my counter claim if he dropped his,

 

 

but he reckons he'd need £2k from me to cover his legal expenses

(which so far amounts to the initial claim, and the hearing

- I did try but I couldn't make £185 and £355 add up to £2,000 guess I'm rubbish at maths :) ).

[theoldrouge]

 

 

 

 

 

 

Apparently I'll be receiving copies of his diary in the coming days as evidence of what I've said to him in the past - I guess he's probably writing it as we speak I'm surprised they'd not come out with the SAR.

 

Sounds like it, wonder why he didn't disclose earlier if it's suddenly so important

[RCT40]

Sounds like it, wonder why he didn't disclose earlier if it's suddenly so important

 

I'll let you know what I have when I receive then, we have to file additional docs etc by 8th Feb. I was also told that I may be able to prove I paid deposit an 31st March, but I can't prove I drove it away - whatever that means - as suggested by DX and yourself though its all mind games.

[RCT40]

A side ways thought to gather more evidence, is it possible to sent the DVLA something along the lines of a SAR for the vehicle - I'd like to capture some details, such as when the vehicle was transferred into my name, and also details of when it was taxed for example?

[theoldrouge]

I'll let you know what I have when I receive then, we have to file additional docs etc by 8th Feb. I was also told that I may be able to prove I paid deposit an 31st March, but I can't prove I drove it away - whatever that means - as suggested by DX and yourself though its all mind games.

 

Was it the Perry Mason MD who said that to you?

 

Just a thought did you take any dated photos of your new car when you bought it?

[RCT40]

Was it the Perry Mason MD who said that to you?

 

Just a thought did you take any dated photos of your new car when you bought it?

 

It was the MD.

 

No photos unfortunately, which is unusual for me. All my letters have referred to collecting the car on 31st March 2012, these were written before I'd seen the agreements in October 2013.

 

I spoke to the DVLA yesterday, and the vehicle was taxed on 30th March 2012, now why would that be done if it was going out in April? I've sent in a request for information form today for the DVLA to provide this information officially, and they will also release the date the vehicle was assigned to me.

[theoldrouge]

It was the MD.

 

No photos unfortunately, which is unusual for me. All my letters have referred to collecting the car on 31st March 2012, these were written before I'd seen the agreements in October 2013.

 

I spoke to the DVLA yesterday, and the vehicle was taxed on 30th March 2012, now why would that be done if it was going out in April? I've sent in a request for information form today for the DVLA to provide this information officially, and they will also release the date the vehicle was assigned to me.

 

 

Yes noted that about the letters could prove very useful

[RCT40]

From 1 October 2012 onwards

 

If the creditor applies for or is given a CCJ against you on or after the 1 October, they can apply for a charging order straight away. This applies even if you are up to date with payments under the CCJ.

 

If the CCJ was made before 1 October 2012 but the order to pay by instalments was made or asked for on or after 1 October, the creditor may argue that they can apply for a charging order straight away. Some judges may accept this argument even though the original judgment was made before 1 October. This is a ‘grey’ area and you may need to get advice about what to do.

 

Hi Andy,

 

Out of interest, if judgement was entered against the claimant, and my counter claim allowed would I be afforded the same opportunity of a charge?

 

Thanks

 

RCT

[RCT40]

Yes noted that about the letters could prove very useful

 

I've been trawling my email and found, the confirmations from my insurance company when I did the change of vehicle after speaking to the salesman late afternoon on 30th March 2012.

 

I'm going to add to my evidence the agreement for the vehicle that I had from them in 2010. This agreement is very different from the one for the BMW and has a different agreement number. On the first vehicle I left a holding deposit, but couldn't pickup it up for almost two weeks, I also found the transaction in my online banking for payment of the deposit balance which shows as 25/9/2010 - and the agreements were signed on 24/9/2010.

 

As for the I don't need to send you an agreement, because you've got a pre-contract and your an existing customer and know the terms and conditions, would this be the right section to quote? http://http://www.legislation.gov.uk/ukpga/1974/39/section/61A

[AndyOrch]

Hi Andy,

 

Out of interest, if judgement was entered against the claimant, and my counter claim allowed would I be afforded the same opportunity of a charge?

 

Thanks

 

RCT

 

Yes...but only one of you can get judgment