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    • Thanks guys. So using the form that you have provided...   I am ticking box C to say that I dont know whether I owe the debt, box G to say that I am seeking legal advice and Box I asking for copies of the credit agreement, full summary of account detailing all interest and charges, details of the interest calculation, details of the administration charges, a copy of the notice of assignment and a copy of the judgement obtained in Dubai? Does all that sound right?   I was thinking that it might be in my interests to show them my income/expenditure as they will see that I am a single mum, working part-time and receiving benefits?
    • We have looked at the ticket options for the exact time travelled.   it is not possible to buy an on peak ticket at the time I left the departure station   There is no option   There is only one option.  The cheaper fare.  that is all I knew!!  The cheap fare.   So when I arrive and they detain me, threaten me with fines and force me to pay the higher 50% more fare. I found that very stressful as I suffer from anxiety anyway. I also would have had to pay a fine if I did not have enough cash in my pocket. (I found later that I needed my cash in town)   The box office confirmed they were overcharging at the turn-styles.   I walk back and tell them they over charged me again.   The ' turn-style crew '  agree to a refund , without checking. Thats odd isnt it !  They didn't need to check or to confirm. They knew I was entitled and agree to a refund.   Why did they not say.  "well, we need to check that first!!"  And if they can check. why did they not check before?    Then I complain that a refund is not adequate by itself to prevent this from happening again,  Yet....   Although a refund is imminent as they agreed. The supervisor again tries to blame me for not buying the ticket at the departure station.  Even though I had a permit to travel.   So you see what I am saying here? Do you see how hardcore they are to pass blame and fine people!!  Who trained these people?  am i expected to complain to company who oversees this nesense?   He then again lied, yes again, trying to inspire fear for a fine. (claiming I missed my first chance to buy) and said that the permit machine is always on, that it is irrelevant and useless and that I should have paid at the touch screen ticket computer, that it takes cash ( wrong!!). And smirking said it was his home station that he uses it all the time. I said that was not true and it is not my fault, he said it was my fault and when he could not lie any more, without warning, had me thrown out the station by security and I was told I could not even catch my train home!!!   Amazing!    They did everything to fob me off to overcharge me.  There is no cash facility at my home station, only the faulty permit ticket machine that seems to only take one type of coin,  that thankfully.......thankfully I had that particular coin, by chance, as the pound coins would not work..they were spat out. Else I would have been in serious serious trouble with these people. Much higher fines without a permit to travel.   (Important side note regards the elderly. As an adult with reasonably strong hands, even I find it ' very hard '  to remove the permit ticket made of thick card, it is very tough to do. How do elderly people remove the ticket or even a child? I really cannot see that happening. It really is that bad at my station)     I am not sure what a z ticket is, I have an M on mine.?   We have read the code of conduct and there are multiple references to the staff helping people get the right ticket. and considering there was only one ticket for a return that day, that should not have been a hard thing to do, at all.   Yet they have a button they can press to over charge  Who programmed that into their machine and told them to press it?   Thank you for reading.  
    • Hi all,   Could any of the site team (or experienced site membes) give me any guidance on the above defence .   I need to have it in by Friday at latest, and was hoping to submit tomorrow to make sure that its lodged in good time   Many thanks in advance x 
    • Sorry but sounds like early days if CWD and lately IDR. Been dealing with this since 2009 and still going on as well as those crazy collection agency’s in Dubai also still emailing to this day.    I set up a special email account where I have everything from CWD, IDR and all others so it’s all in one place and the laws that have been broken.  Upon discussions also with R. Sterling at detained in Dubai its also been helpful.    Currently with the FO with my complaints against the attempted collection of debt in the UK when it has not been passed through the correct channels regardless of what is in the T&C.    Personally I would not pay any ting until as people know that debt has been passed through the correct manner of courts in the UAE or indeed purchased by a UK company which then I will be happy to defend given the laws here and whT I have available.    Make sure to ask for everything when the time come all statements, extra charges terms at the time of supposed signing etc !    Listen to the team also 
    • I'm sorry the CAB have given me some terrible advice in the past, and some others on here.  Please do as Andyorch says above. do not use Moriaty's forms.  Do not fill in ANY income and Expenditure for Moriarty. They have no more right ot demand that from you than I do.
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mike2016

the car finance company repo'd my HP car from gated private dwellings - help

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I don't know if anyone can help me,

 

my car was repossessed today from the building i live.

 

It was in a gated parking

so not sure how they managed to get in and out to begin with.

 

I do understand that they had the right to reposes the car without a court order as i did not paid up to 1/3

 

however can they just come and take it, no default notice no notice nothing?

 

Also

they do seem prepared i think to return the car

 

when i spoke with them

they said we can work out a payment plan if i want

but i am wondering if is that easy for them to repossess the car.

 

Also what happens to things that were in the car,

 

anyone knows?

Thanks

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who?>

 

 

dx


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sounds like unlawful repo to me

can we just confirm.

 

this is your private gated drive?

 

or is it say a block of flat s

but its def where you live?

so they should have already sent a default notice giving your 14 days to rectify things before the repo.

 

as for your stuff demand it back.

 

you'll also have had a repo fee charged

they cant do that get it back.

 

now these repo agents

they ARE NOT BAILIFFS

and had no right to enter and take the car either

who were they?

 

tell us about the finance too please

 

you say its under 1/3rd

how far are you in

and how many payments have you missed.

 

dx


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Hi, I did missed 3 payments i'm not saying that is not my fault but i was planning to make an offer to them on my payday next week. Obviously too late. When i spoke to them he said we tried to call you and you didn't answer so we did make attempts to contact you, i said but have you send me anything in writing? He said i can confirm that the correct process was followed sir.

 

Then he said that because i only have missed my monthly regular payments and i haven't entered into any sort of payment plan with them and failed that as well (not sure if that makes sense) then is not all that bad and we might be able to come up with a repayment plan and get my car back.

 

Sorry i can't remember out of the top of my head how far on the loan i need to check but is definitely less than 1/3.

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load of cobblers

they must send a default notice

unlawful repo

and even more so a they entered a secured gated area

without a court order.

 

 

time to get serious.

 

 

can you answer my questions please


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Sorry i also should have said about the place i live.

 

It is a block of flats behind that is a big private carpark which is gated.

 

The only way to get into it is from the front entrance go all the way to the back (walking)

or with a car from the gate and you need to have the security fob to open the gate.

 

the third payment was due on the 11th

if they had issue me with a default notice

they should have allowed me 14 days i believe?

 

even if they claim to have issue me with a default notice (which they haven't)

the timing is not right.

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so he tailgated someone

CCTV?

 

 

and this is the address that is registered on the agreement?

 

 

do you still have the agreement

if so scan it up to PDF please upload

 

 

so

no default notice served

no termination notice served.

powerless repo firm entered gated and private area

with no security keyfob

and took the car without even trying to contact you

which they must do and show default notice.

 

 

all of this could actually invalidate the whole agreement

meaning you get the car and aLL your moneyback.

 

 

let me go check a few things.

 

 

dx


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The only point i am having trouble with is the issue of the repo on private land.

 

Normally that would be so and they would need an order from the court but:

 

Can this car park be classed as not private although gated as it is attached to a block of flats so has access to the general public?

Something like a supermarket car park

 

Just throwing ideas into the wind at the moment

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There are specific circumstances in which a finance company must obtain a court order in advance in order to be able to repossess your car.

.

For example, if the car was repossessed by virtue of a hire purchase agreement

and you have paid more than one third of the total price of the car under the agreement

then this means that the car becomes protected goods.

.

The consequence of this is that a lender is required to obtain a court order to repossess the car

– if they do not then you may well have a valid compensation claim as a result.

.

Where the value of the car is less than one third paid

or if you gave valid consent for the car to be taken

then this protection may not be available to you.

.

The relevant section of the legislation is section 90 of the consumer crediticon Act 1974

and this applies to repossessions that have taken place within the last six years.

.

In addition to being able to claim compensation for an unlawful car repossession,

where a car has been taken without a court order in circumstances that require one

.

then you might also be able to obtain a release from the liability in the contract

(for example the hire purchase agreement), which effectively means that the debt ceases to exist.

.

Compensation can include the amount you have already made in hire purchase payments to the finance company,

as well as the cash received by the finance company if the car was sold on after it was repossessed.

 

 

................


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I'm assuming he did try to knock the door but there was no answer after the dog barking as there was no one home apart from the dog.

I have not spoke to anyone, i have not seen anyone, i still have the keys to the car.

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ah post welcome along[2 puns in one]

what do you reckon?

 

 

unlawful or what?

 

 

dx


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Butting in again with my two pence worth,

 

a court order is needed if you have not paid a third off private land.

 

It is the designation if this is truly private land that is the cause of debate being open to the general public??

 

Like i said, just throwing curve balls and exploring all options

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I was more thinking of the no DN or TN issue?

 

 

dx


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I was more thinking of the no DN or TN issue?

 

 

dx

 

But then a Default notice is needed to terminate the agreement, not to repo the car

 

Has the agreement been terminated??

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sorry can i ask something really silly? in theory they do own the car so is not theft is it? they just take possession or something they owe?

 

no the agreement has not been terminated

at least not yet

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I was under the impression they must serve a DN to repo a car even under 1/3rd

but that hey don't need a court order ?


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sorry can i ask something really silly? in theory they do own the car so is not theft is it? they just take possession or something they owe?

 

no the agreement has not been terminated

at least not yet

 

 

the car is mentioned on the agreement yes?

 

 

dx


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Then they do not need a default notice to remove the vehicle unless the vehicle is on designated private property where a court order will be needed.

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i would say this is private property surely?

gated

key fob entry?

 

mike 2016

 

so how does joe public get into the car park?

can they ?

 

you say the car park at the back and behind security gates

 

but access to the properties for the public is not?


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It's a hire purchase agreement between me and them and on the description of the goods it mentions the car.

However is very very basic.

it does not say much.

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There is no access to public unless somebody let you in.

 

Front door there are buzzers with the flat numbers and doors are locked.

 

Back is gated as described above.

 

I am assuming he was waiting for somebody to come in and open the gate and that's how he left.

 

But does that make it legal?

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there we go ta.

 

 

so that invalidates the whole agreement under

section 90 of the consumer credit Act 1974


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not sure if that makes any difference to the argument, my flatmate just went outside and photograph the entrance of the building has a a sign that says "Private No Right of Way"

 

Also can i please ask what is the right way forward? Court Action or Financial Ombudsman?

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