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    • Defence submitted. On my clear score report there doesn't seem to be any date of default noted, nor can I see where that might appear. When they responded to my CCA and CPR requests they didn't give me a default date either. So, what happens now? Is it likely that I'll actually have to go to court over this?
    • Hi Andy, thanks for the reply. I guess I will need to get copies of the agreement to check that, which may take some time.   What do you suggest I should I do in the interim, as I'm conscious the clock is ticking on needing to AOS?
    • Hi everyone    ive had a card in an envelope hand delivered today from Resolvecall asking me to contact them urgently.   i want to ignore it but I’m not sure that’s the best thing to do?   i had some issues some years ago which have now all been resolved to my knowledge. Anything that I may have overlooked will be way over 6 years, I now have a very healthy credit rating with nothing on any of my credit files.   I have no idea what these people want and this is the 1st contact.    can someone point me in the direction?   thanks    mike 
    • I've been reading up on cases, especially the HSBC vs. Carey. Am I missing something?  It appears to be the conclusion that the decisions in this case meant that regardless of what date  credit agreements were entered into, a claimant no longer needs to produce a signed copy - or even original copy.  It appears that a reconstituted copy of agreement is acceptable by a court and any judge that seems to be swaying towards using it as a reason to find against a claimant could easily be reminded or prompted by their solicitor.  How do I defend my case to be any different?  It will clearly be a case of :   It looks like you probably had a credit card. They've produced a copy of original agreement and added your name and address - so that's good to go. They've got a statement showing a balance outstanding. Therefore, game up - why are you even bothering to defend?     I am working on my "Formal defence"    Can I just ask for some "bullet points"   So far - my main arguments will be that the requested "credit agreement" is not a credit agreement - it is a barely legible application form - which does not bear any account numbers which correspond with the statements produced by the claimant nor match the agreement number included in the original claim (POC).  Secondly, as helpfully highlighted by DX, their WS is relying on a screenshot of "the claimant's predecessors system screen" to show that a default notice was issued on 08/06/2010; clearly there is no copy of said Default notice. Other items I have up my sleeve - should I include? - are the discrepancy in the amounts owing between the Assignment notices - Lloyds stating a figure in excess of £6k (dated 29/6/19) and a letter from Hoist informing me of this assignment but stating an outstanding amount of £4.5k (the amount of the claim).  Clearly, the lack of reference numbers - i.e. their claim does not match the 16 digit credit card number shown on the numerous statements they have included in their WS. And do not match a number shown on the blurry application form. Also, the application form is dated 1998, the first statement they provide is 2010 - can I use this gap/lack of evidence in my favour? I notice on my "illegible" application form there was a reference to "credit card payments insurance" (I assume this is PPI) - during my research, I'm sure I read that any t&c provided should also include this - I notice their seven added pages make no reference to PPI - which even if I didn't take it out would surely have been needed to be included?   So - just to summarise - is it the "poor quality credit agreement"; the fact that they haven't even declared that they are producing reconstituted copies of t&c and the lack of default notice having been issued - well lack of copy?   On the flip side - where do I stand in terms of the payments I was making - allegedly to this account - via Robinson Way? Is that a case of acting dumb/naive?   Thanks very much everyone.   Barafear.    
    • it sometimes takes a good while for all related entries to be removed.   dx
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knighteen80

Took a car as a swap - found out is on finance HELP !!!!

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Hi folks my name is George and I'm new, unfortunately bad circumstances brings me here

 

I had my car on advertised for £7000 and got a text asking would i swap it for a newer car worth almost the same value,

 

 

the ad had a hpi check on it but i paid for one of my own for peace of mind,

it came back all clear,

 

 

i went to sell it on

someone done a hpi and it is saying there is outstanding finance

the finance was taken out on october last year

so there wont be very much of it paid,

im worried the finance company can come and lift it as its in my name,

 

 

its taxed and insured to my address,

i cant get in contact with the guy i got it off

his phone is dead

 

 

i do know the location of my old car but its not the guy that i swapped he must have sold it on..

 

 

.. do i call the police and tell them my car is stolen or do i contact the finance company and try and lay claim to the car?

 

 

PLEASE HELP/ADVISE ASAP AS I WOULD LIKE TO RING THE FINANCE COMPANY ARMED WITH SOME KNOWLEDGE !!!

 

Thanks very much any help greatly appreciated

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What hpi check did you use?

A full hpi covers cases like this.

Also on your v5 there's the name and address of previous keeper who most likely is the same guy who swapped car with you.

Report to the police, this is fraud.

Police won't do anything but you need the reference number for the hpi company.

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What hpi check did you use?

A full hpi covers cases like this.

Also on your v5 there's the name and address of previous keeper who most likely is the same guy who swapped car with you.

Report to the police, this is fraud.

Police won't do anything but you need the reference number for the hpi company.

 

The HPI guarantee might cover this ...... but only if the OP complied with its terms, such as:

https://hpicheck.com/support/faqs/guarantee

If you are buying the vehicle privately, you must buy it from the keeper, at the address shown on the V5. You must also check the identity of the seller.

 

The OP has said the other party's phone is dead : not if they know their name & address and if those match what was on the V5 and where the car was bought from.

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