unknown cabot/mortimer CCJ filed at old address - old welcome returned car finance - now warrant/AEO

[dx100uk]

if you think section 18 is valid here

and/or the fact that the VT should have also rebated the ppi which it didn't..

then theres no harm in ringing the claimant solicitors

catch them off guard...

 

ring them up

state about your claim under section 18/ppi not rebated by the VT

and that you are going for a set aside as you'll obviously win

as the debt is solely insurance that should not have existed after VT .

 

they might agree to a set aside by consent, which costs you nothing!!

 

you actually only 'owed' 42.91 the sum the car got at auction would have easily met that cost and more!

as it not already noted then that figure must be before the sale

sadly its the usually welcome staff no caring a monkies then selling the debt on to a fleecer.

and them gettting a purposeful backdoor CCJ

as if this had gone to court

they would have lost hands down re the above.

[thefunkymonk]

Ok.

 

I dont think I had PPI with them. Aren't they other insurances which may or may not be an issue as far as that S18 is concerned.

 

I have had a discussion with them already about it being a VT but obviously not this section 18 stuff. Since then I have had all the SAE request stuff back that supports the position.

 

So they are expecting me ...and were asking me to send them my evidence (because presumably they couldn't get it direct from their own client)

[dx100uk]

same thing.

you got mugged

[thefunkymonk]

Ok... lets see how the next round goes. They are after payment number 2 and threatening to go back to court for the AOE order to be enforced according to the letter I got this morning.

[dx100uk]

scan it up to pdf

[thefunkymonk]

Here it is

187mortimerletter0001 (5).pdf

[thefunkymonk]

Spoken to them today.

 

Advisor informed me the debt being referred to as a "personal loan" but they had taken no action re getting information internally and want me to email in some bits and pieces.

 

It is like wading through a sea of morons with front line advisers talking generalities and escalation not much better and no continuity from one call to the next.

 

I have essentially emailed them what was posted above.

[dx100uk]

you shouldn't really be ringing them.without recording the call

 

 

so we now know we are right

its the loan for the ppi.

[thefunkymonk]

I remember ringing Welcome not long ago and asking re PPI to be told I didnt have PPI.

 

It is what these insurances are and whether they are reclaimable as though they were PPI plus the matter of this 47 quid and its potential to bite me on the bum re the dispute/original CCJ, that is the issue for me.

 

MC seem sufficiently set up to be incapable of dealing with this and negotiating around the facts of the case no matter the facts likely to be raised in any court action on my part.

[dx100uk]

they are the same as PPI as I've said before.and should have been rebated at VT

 

 

as for the £47, that's a shortfall as regard the car and nothing to do with a personal loan for insurances

and the vehicle auction covered that anyway

but that's not what these muppets are try to fleece you over

[thefunkymonk]

OK so IF i owed them the 47 quid ......presumably they couldnt just say .. oh well the ccj should still stand .. we just adjust the amount ....

[dx100uk]

doesn't work like that

did you ever scan up the CCJ.

did you eve get a copy of the claimform too?

dx

[thefunkymonk]

No have neither of those yet.

[dx100uk]

what date was the CCJ attained?

[thefunkymonk]

not that long ago but I will have to check when I get home .. prob within last 2 years.

[dx100uk]

you need to ring northants bulk

ask them to send you a copy of the claimform and the CCJ by PDF email

[thefunkymonk]

MC position is that the outstanding amounts are a personal loan and those sums are due.

 

So there is no offer to negotiate or settle.

 

Obviosuly if I am going to take them to court I need to be extremely sure that breakdown cover etc is as you say not recoverable by them once a vehicle has been Voluntarily Terminated.

[dx100uk]

need the scans of the claimform and the CCJ judgement please

 

 

two things strike me here

referring to the agreement uploaded earlier:

 

 

sheet 6 of 6

at the bottom says VT liability £594.68

bottom of comms log sheet 5 says the same.

 

 

bottom of page one makes interesting reading,

[thefunkymonk]

Sure but if I was them i would ignore that and simply rely on the law as it relates to selling breakdown cover and other insurances alongside a HP for a car.

 

That is all that will matter in front of a judge.

[dx100uk]

but the breakdown cover is useless as you'd handed the car back.

should have been rebated

and likewise the shortfall ins,

no car ..no need