returning Audi on Ballon CCA - help?

[angelsandacorns]

1. Bought audi on balloon CCA agreement It ended Feb 2012

Requested vehicle to be collected

They ignored request and then from then until now all default notices incorrect All their paperwork shoddy

 

2. Kept vehicle in storage for first 8 months Actually bought a lease Audi thinking they would collect.

 

3. They wrote to me Jan 2013 saying they wouldn't pay storage charges

Had to remove and asked garage where it had been kept to leave their awaiting audis collection

 

4. Wrote to audi numerorus times They failed to collect.

 

5. Had a court date booked 19th oct which I was happy to attend

Their sols cut a very late deal with my sols

 

Tuesday 18th Oct I told sols I wasn't happy that t's would net be crossed and i's dotted they weren't.

 

6 My sols agreed that I would deliver up vehicle

Had told her it hadn't been used for 4 years and would be unusable due to the amount of time lapsed

 

7 Audi collects keys for vehicle and sign off log book 24th oct

They go to collect at address given some 27 hours later Audi not there

 

Have reported to police but my solicitor says I am still now liable and in breach of agreement

 

Feel like my solicitor just wants to get rid of all case and me pay for everything !

 

because its been totally messed up I had a really good case prior to this rushed agreement

 

Can anyone help my solicitor doesn't want to!

[dx100uk]

request vehicle be collected...

 

 

so what did you do

request/invoke Voluntary Termination

[angelsandacorns]

Thank you for coming back to me It REALLY is very much appreciated

 

 

I haven't agreed to anything as yet with my solicitor because whilst she is pushing me and I mean really pushing me to say I have to pay for all the car and their fees now and I have essentially lost...

 

 

she advised I report to police and see if it had been impounded which I have done

The police say they have nothing on record for it being stolen and I am waiting from them to see if they impounded it

 

This is what was agreed very late on the evening 18th October 2016 before court the following day by the solicitors I didn't receive what she had officially agreed until the following morning

 

Their claim is dismissed.

 

80% of your costs less the costs orders they had against you.

 

The vehicle to be returned in 7 days

 

The consent order records the vehicle is at the garage and estimated mileage of 43,500 ( MOT shows 42,620)

 

The credit record aspect is best endeavours regarding credit rating. It is not subject to this claim . However as their claim has been dismissed ( which includes money claim) they will have to record accurate information at CRA or remove it entirely.

 

Summary assessment of costs by the court at the end of a trial/ hearing normally results in a reduction of 20% of the amount claimed

- so the reduction on the costs you have paid would have been around £1500.

 

 

Some costs were not recoverable such as my having to review the whole file and all pleadings etc because those costs formed part of Watson Ramsbottoms costs ( I.e claimant doesn't have to pay for a new solicitor duplicating work - just as you wouldn't have to if they had changed solicitors).

 

The claimant also had two costs orders against you in the sum of £1680 (plus interest at 8%) and for the cost of and incidental to the further amending of the defence John & I did I.e the claimant reviewing, advising and drafting the reply - (around £1500).

 

The costs risks John and I discussed with you yesterday of proceeding were:

 

1. They obtained an order for return of car and payment of shortfall of £10,000 and an order for costs ( including those already ordered ) of around £10 -£11, 000 ( car back and you pay them within 14 days £20,000-£21,000).

 

2. A split order where they either got the money judgment or possession and probably reflected in the costs order by a 50% order plus existing costs orders (though you may also have been awarded 50% costs which would reduce costs element) still leaving you either paying money claim of £10,000 and around £3-5,000 costs

 

3. We won on both money claim and possession claim but without declaration of unfair relationship ( I.e on technical statutory omissions in the notices). We would be awarded probably 80% of your costs paid less payment for the costs orders they already had ( so around £4,000 - £4,500 net) but they would be able to reissue for possession of vehicle after reserving a new default notice

 

4. We obtained a declaration of unfair relationship - we obtained costs ( again around 80% less costs orders ) and they would be unable to reissue.

 

Sorry, meant to add sol is blaming me for not checking if car was there but she didn't ask me to, and I thought Audi would have checked themselves..

[dx100uk]

sorry way above my head.

 

 

I think you need to explain the whole story using dated bullet points

as the difference in info from your first post

to the second

is huge

this has obviously been to court several times

[angelsandacorns]

I represented myself first time

Judge agreed that it could continue on the terms of an unfair agreement and maybe recover my storage costs too

 

I then went to a first solicitor who pleaded incorrectly

This came to light because I had another solicitor oversee it and the pleadings had to be changed! (I just had a sixth sense it was wrong)

 

The biggest problem here now is that Audi agreed to dismiss the claim on the basis the car was delivered back to them

 

 

To be honest my sixth sense was not to agree to a last minute bargain and I did say that to my solicitors, because that's when things get missed off or not covered off properly (as this is now the case)

 

Because they were unable to find the car

( the first time they tried to collect it was some 27 hours after collecting the keys and signing off the log book with me...)..

. where it had been left (by the garage after it had been stored for the first 8 months)..

. .they say I am now in breach

 

The problem is my solicitor didn't ask me go and check the car prior to agreeing to this agreement with them nor did Audi carry out any due diligence either.

 

 

Otherwise my solicitor said she would have pleaded this differently

My solicitor seems to think nothing can be done now and more or less tough luck for me !

 

 

If I'd known I had to check to see if it was still there and/or get a valuation I would have ! I

 

 

really believe there must be some better solution and it must be that there should be some point of law that the vehicle should have been collected by them upon immediate collection of the keys or that some due diligence should have been carried out by them prior to negotiating the collection of the vehicle

 

 

Unless that should have been my solicitor which is why she wants now for me to sort it out..

Hope that makes more sense and you can help ....