Moneybarn claimform - excess after car repossession

[dx100uk]

use the tips ive pointed too

and i'll post a few ideas up later.

[Octoberone]

How does the attached look?

Defence.doc

[dx100uk]

ive hidden that as word shows your pers details under properties.

 

just copy the text to here and then we can also edit it.

 

add in that that the claimant

failed to assist you at all during financial troubles,

you had paid more than One Third

and omitted to inform you that without your consent they couldn't repossess the car as they threatened and

spoofed you into handing it over under the voluntary surrender scheme, making you liable for full cost of agreement.

 

failed to inform you that you could have done a voluntary Termination under the CCA Act 1974, whereby the sum owed would only be 50%

 

also if you haven't

play on the fact that they harassed you via xxx phonecalls in xxx days, some rather intimidating and threatening upon what they could do if you didn't comply..short ans is they fleeced you!

[Octoberone]

They would win prizes for bullying and harassment!

[dx100uk]

you are filing a defence

NOTHING to do with the N9 thats the admittance form unless theres a section that says deny all the claim.

and the box you file your def into.

 

 

dx

[dx100uk]

you should be using N9D

 

 

but your text needs work to it.

[dx100uk]

what you have done is good but need to reply to each numbered para in their poc:

 

 

1. The Claimant entered into a Conditional Sale Agreement Regulated by the consumer credit Act 1974 with the Defendant Numbered XXXXX on 23 June 2015 for the Conditional Sale of a Toyota Aygo Fire (a/c) hatchback 5d Reg *****full details of which have been supplied to the Defendant

 

2 The date of maturity of the Agreement is 22 June 2020

 

3 The Defendant failed to make the repayments required. The CLaimant served Default Notice which was not remedied therefore the Defendant terminated the Agreement and reposessed the vehicle

 

4 Total rentals payable £12580.26 plus any extra charges

Total sum paid £1756.98

Sale proceeds £3000

Total sum outstanding is £8176.78 including extra charges full details of which have been supplied to the Defendant

 

5 The CLaimant claims

(i) the sum of £8,176.78

(ii) interest pursuant to the Agreement at the rate of 36.4% from 22 June 2020 the date of Maturity of the Agreement until full repayment. Interest to date hereof is £0.00

(iii) costs

 

 

I'm also conscious that it needs to be emailed [that I think you can do...ring the court and ask ..]

by 4pm today.

 

 

so try and answer each para, inserting what you have already put in your defence above.

 

 

I have a case in a local court tomorrow so might be around till after midday.

[dx100uk]

needs to explain VT properly you've said VS blue bit above.

 

did you get an email from Salford go ring them

[Octoberone]

Para 4 re-tweaked

 

1 An Agreement was entered into on 23 June 2015 between me and the Claimant

 

2 Unless redeemed prior to the maturity date

 

3 I am of the opinion that the Claimant contravened Principle 6 and clauses 7.3.3 and 7.3.4 of CONC (hereinafter referred to as “the Act”) when repossessing the vehicle from me in that they did not assist me at all during my financial difficulties,

made numerous demands in an underhand and threatening manner ultimately leaving me duped me in the belief that I had no choice than to submit to voluntary surrender leaving them clear to claim for the full cost of the Agreement

 

When I spoke with the Claimant’s collections department following the first default I offered to pay the missing instalment by way of an additional premium each month on top of the monthly sum.

 

 

I was advised that this arrangement would only be considered if I had become unable to work due to ill health or unemployment and that a relationship breakdown was no excuse as I was in full time employment.

 

 

Any attempt to explain my circumstances (which included dealing with my former’s partner’s mental health condition which affected his attitude to contributing to our living expenses) was met with a complete lack of empathy and I was advised I had no choice other than to pay in full.

 

The Claimant’s agents then persisted in making calls several times per day in an attempt to extract the full payment from me which caused me undue stress and anxiety.

 

At a later stage my employer attempted to mediate on my behalf in an attempt to halt any repossession proceedings. She offered to settle the arrears and deduct the continuing monthly instalments from my salary at source.

 

 

The Claimant’s staff member had no respect for her integrity as a lawyer and I consider that the wilful refusal to accept her proposal breached clauses 7.3.8 and 7.3.9 of the Act.

 

 

I was instead told that should I surrender the vehicle voluntarily I would not be charged for the collection otherwise I would be “tracked down” and pay all associated costs when caught.

 

4 The Claimant breached the Consumer Credit Act 1974 (hereinafter called “the CCA”) as they failed to advise me of my rights when telling me that I should surrender the vehicle voluntarily.

 

 

At no time was the word “termination” used by the Claimant and neither my employer or I were at any time informed that if I was to offer a “voluntary termination” of the Agreement that 50% of the outstanding balance would be waived from the total sum due and owing.

 

 

By pursuing this course of action the Claimant duped me into ensuring that they would be in a position to maximise their claim.

 

I agreed that I would surrender the vehicle to the Claimant’s collection agent as I wished to incur no further expense and I was assured by the Claimant that the recovery fee would be waived.

 

 

The Court will see from the document dated 29 June 2016 that this was not the case and a recovery fee of £225 was added to my account

 

5 In addition to the recovery fee I am of the belief that the DD failure fees and auction fee have been incurred as unlawful penalties under the Act by the Claimant.

 

 

By disposing of the vehicle at auction at an undervalue I do not believe that the Claimant acted in my best interests.

 

 

As the original sum of the loan was £6,220.00 I would argue that if any sum at all remains outstanding it amounts to £1,474.02

 

 

representing the balance remaining out of the original loan once the sale proceeds and monthly instalments have been applied to my account.

 

 

This sum does not take into account the penalties totalling £353.50 applied which would reduce the sum in question further to £1,120.52.

[Octoberone]

I was about £295 under

[theoldrouge]

A few notes

 

Less than a third paid

Auction proceeds don't count

 

Conc is not an act

FCA guidance

 

You rely on s140a 1(b)

 

Don't admit any monies owing

It is denied

[dx100uk]

http://www.legislation.gov.uk/ukpga/1974/39/section/140A

[dx100uk]

POC:

1. The Claimant entered into a Conditional Sale Agreement Regulated by the consumer credit Act 1974 with the Defendant Numbered XXXXX on 23 June 2015 for the Conditional Sale of a Toyota Aygo Fire (a/c) hatchback 5d Reg *****full details of which have been supplied to the Defendant

2 The date of maturity of the Agreement is 22 June 2020

3 The Defendant failed to make the repayments required. The Claimant served Default Notice which was not remedied therefore the Defendant terminated the Agreement and repossessed the vehicle

4 Total rentals payable £12580.26 plus any extra charges

Total sum paid £1756.98

Sale proceeds £3000

Total sum outstanding is £8176.78 including extra charges full details of which have been supplied to the Defendant

5 The Claimant claims

(i) the sum of £8,176.78

(ii) interest pursuant to the Agreement at the rate of 36.4% from 22 June 2020 the date of Maturity of the Agreement until full repayment. Interest to date hereof is £0.00

(iii) costs

DEFENCE

 

 

1. It is not disputed that the defendant entered into the said Conditional Sale Agreement.

 

 

2. It is not disputed that the defendant fell upon hard times and payments were missed.

 

 

3. It Is denied the defendant owes any sum Claimed and refers to s140a 1(b) of Consumer Sources Book etc

 

 

now list you reasons you already have

as brief bullet points please

[dx100uk]

no cut it right back.

simple one line bullet points.

 

they can all be expanded upon at disclosure/witness statement stage.

 

so something like........

 

1 it is not disputed that the Defendant entered into the said Conditional Sale

Agreement

 

2 It is not disputed that the Defendant fell on hard times and payments were

missed

 

3 It is denied that the Defendant owes any sum claimed and refers to S140a

1 (b) of the FCA Consumer Credit Sourcebook ("CONC")

 

The Claimant contravened Principle 6 clauses 7.3.3 and 7.3.4 of CONC in that:

 

failed to assist the Defendant at all during a period of serious financial difficulty

by making numerous demands in an underhand and threatening manner

 

failed to advise the defendant concerning Voluntary Termination under the Consumer Credit Act

instead duping them into Voluntary Surrender leaving them liable to the full cost of the Agreement.

 

more to follow

 

dx

[dx100uk]

right let me go see if this needs fluffing up and legalising by the team

then i'll be back.

 

 

1 it is not disputed that the Defendant entered into the said Conditional Sale

Agreement

 

 

2 It is not disputed that the Defendant fell on hard times and payments were

missed

 

 

3 It is denied that the Defendant owes any sum claimed and refers to S140a

1 (b) of the FCA consumer crediticon Sourcebook ("CONCicon")

 

 

The Claimant contravened Principle 6 clauses 7.3.3 and 7.3.4 of CONC in that they:

 

 

failed to assist the Defendant at all during a period of serious financial difficulty

by making numerous unclear and questionable demands in an underhand and threatening manner

 

 

failed to advise the defendant concerning Voluntary Termination under the Consumer Credit Act

instead duping them into Voluntary Surrender leaving them liable to the full cost of the Agreement.

 

 

breached clauses 7.3.8 and 7.3.9 of CONC following repeated and differing offers to resolve the matter by the defendant

even to go as far as disrespectfully dismissing offers directly from the defendants employers to deduct at source sums outstanding from their employees wages.

 

 

4. THe claimant has also unfairly levied numerous charges severely inflating the claimed sum.

unfair and unlawful Direct Debit Penalty Fees

 

Repossession Fee when None should be charged and was promised would not be levied.

 

adding additional fees for auction and refurbishment costs.

 

 

failing to ensure the vehicle sold for a fair price at auction, accepting a vastly under valued market sum for such a vehicle against the defendant best interests.

[dx100uk]

octoberone.

 

andyorch is going to help you mid morning Monday and he'll have it ready for say lunchtime

 

make sure you are around.

 

we need to introduce

 

http://www.legislation.gov.uk/ukpga/1974/39/section/100

 

cca section 100 as well.

[AndyOrch]

1. The Claimant entered into a Conditional Sale Agreement Regulated by the consumer credit Act 1974 with the Defendant Numbered XXXXX on 23 June 2015 for the Conditional Sale of a Toyota Aygo Fire (a/c) hatchback 5d Reg *****full details of which have been supplied to the Defendant

 

2 The date of maturity of the Agreement is 22 June 2020

 

3 The Defendant failed to make the repayments required. The Claimant served Default Notice which was not remedied therefore the Defendant terminated the Agreement and repossessed the vehicle

 

4 Total rentals payable £12580.26 plus any extra charges

 

Total sum paid £1756.98

Sale proceeds £3000

Total sum outstanding is £8176.78 including extra charges full details of which have been supplied to the Defendant

 

 

5 The Claimant claims

(i) the sum of £8,176.78

(ii) interest pursuant to the Agreement at the rate of 36.4% from 22 June 2020 the date of Maturity of the Agreement until full repayment. Interest to date hereof is £0.00

(iii) costs

 

########Defence#######

 

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

Paragraph 1 is admitted in that I did enter into a Conditional Sale Agreement XXXXX on 23 June 2015 to facilitate the purchase of a Toyota Aygo Fire (a/c) hatchback 5d Reg *****

 

Paragraphs 2 and 3 are noted insofar as the claimant was aware of my financial difficulties and mislead me with regards to voluntary termination and voluntary surrender.I am of the opinion that the Claimant contravened Principle 6 and clauses 7.3.3 and 7.3.4 of the consumer credit Sourcebook (hereinafter referred to as “CONC").

 

Paragraph 4 is noted but will rely on section 100 of CCA1974 PD 3 to mitigate the full amount claimed.It is averred that the Claimant having disposed of the vehicle for under market value of £3000 and not its potential value to sell at a reasonable market value for example an insurance value, yet they have have failed to mitigate their losses knowing full well that their unfair T&Cs of the agreement will cover any shortfall having accelerated the full interest charge over 60 payments.

 

It is denied that the Claimant are entitled to charge a recovery fee of £225.00 I was advised if I voluntary surrendered this fee would be waved.

 

It is denied that the total sum outstanding is £8176.78 including extra charges and any extra charges applied are considered unlawful and will be challenged as unfair pursuant to s140a 1(b) of the CCA2006

 

As the original sum of the loan was £6,220.00 I will contend that if any sum at all remains outstanding it amounts to £1,120.52.

 

Therefore for the aforesaid reasons the claimants claim is denied, it is denied that the Claimant is entitled to the relief claimed.

 

Statement of Truth

 

Signed

 

Dated 2nd June 2017

[Octoberone]

So all I need as my defence is only what is typed out above ?

[dx100uk]

yes and andy done a wonderful job there

 

 

just email it off [NOT THE RED BIT!]

 

 

put the claim number and defendants response in the email title.

 

 

it would also not hurt to snail mail a hard copy

post 31 has the form for that

[Octoberone]

He certainly has done a sterling job - there will be a donation to the pot on bonus day at the end of the month!

[AndyOrch]

So all I need as my defence is only what is typed out above ?

 

The secret is not to go into great detail at this stage..consider this defence your preliminary statement ...see how they respond..if they wish to go further then you can go into greater detail further into the process...dont show all your cards at stage 1.