Taking Rent2Buy your car to court - agreement unenforceable***Claim Struck Out***

[Bailey2004]

Anyone?

[honeybee13]

Have you started a draft that we can have a look at?

 

 

HB

[AndyOrch]

REPOSSESSION: YOUR RIGHTS

If the Hirer does not keep their side of this agreement but has paid at least one third of the total amount payable under this

agreement, that is £2,240.00 the creditor (r2byc) may not take back the Vehicle against the Hirers wishes unless he gets a

court order. (In Scotland he may need to get a court order at any time.) If r2byc does take the Vehicle without the Hirers

consent or a court order, the Hirer has the right to get back any money that they have paid under this agreement.

 

Coincidentally you have paid that amount exactly so becomes protected goods...so you either come to an agreement with regards to the arrears with the claimant or you could apply for a time order although they have in effect terminated the agreement and see if they progress to a return of goods order...which is unlikely...or you accept the the claim and CCJ for the arrears.

 

Im not sure how that could be worded as a defence or is a valid defence.

[theoldrouge]

What are your aims here?

 

Do you wish to keep the car and are you in a financial position to do so?

 

Would you be able to make a satisfactory offer for a time order?

 

The agreement is of course non compliant with both s99/100 cca1974 and the 2010 cca regulations

 

They cannot make up your termination rights

Under s99 you can terminate from day one of the agreement

 

However they have terminated a non compliant agreement

[Bailey2004]

I only need to keep the car until December when my new car car gets delivered. I’d rather not have a CCJ if at all possible. I havent started on a defence yet, I wouldn’t have a clue where to start!

[dx100uk]

go ring the court

have they paid the fee?

 

opps to late today its passed 4pm...

[dx100uk]

you have two lines of defence

 

the agreement is null and void as above..thus you are entitled to keep the car and get all you payments back?

 

the outstanding sums are penalties unlawfully levied ?

 

if either of those can be used here is another matter but as its the company that's taking you to court IMHO both are valid...

 

thoughts anyone?

[Bailey2004]

So should I be doing a counter claim too?

[AndyOrch]

No...just concentrate on the defence for now.

[Bailey2004]

Okay, so what how would I word the defence? Just put that the agreement was unenforceable from the outset due to being non compliant with both s99/100 cca1974 and the 2010 cca regulations?

[AndyOrch]

You could just put that...but it wouldnt be CPR compliant...what would you state if the judge asks are you in arrears do you owe this amount ?

[Bailey2004]

I would say no, because the agreement is null and void? Seriously, I need help, I need as much help as possible as I really dont know what to say and put for the defence. I’ve got 2 days to get it in.

[AndyOrch]

Defence ....Check for accuracy and edit if necessary.

 

 

Bailey Defence..pdf

[Bailey2004]

Cant open the attachment. Invalid Attachment specified. If you followed a valid link, please notify the administrator

[dx100uk]

try now

[Bailey2004]

done, it, thanks. Looks good to me. Thank you Andyorch

[Bailey2004]

Hi,

 

So the claim against me has been thrown out as they didn't pay the listing fee - please see this thread 

 

https://www.consumeractiongroup.co.uk/topic/410847-rent2buyyourcarcom-claimform-arrears-on-terminated-car-finance/#comments

 

I am now wanting to start a claim to get back all money I paid out on the unenforceable agreement I entered into with them. 

 

Any help with wording of the claim would be much appreciated.

 

A copy of the original agreement can be seen on the original thread.

 

Thanks

[AndyOrch]

Thread moved to General Legal Issues Forum and thread title updated

Well done Bailey

 

Andy

[dx100uk]

he wants all his moneyback thus wanting to take them to court for an unenforceable agreement now this claim failed.

?

not sure that a struck out claim means theres now a reason for a voided agreement under the CCA mind now though?

 

[AndyOrch]

Who said its unenforceable ?

[dx100uk]

Me, old rouge and yourself in defence point 5?

 

[AndyOrch]

So it is...... ...but has yet to be determined by a Judge...who would no doubt decide that  Bailey had the use of the vehicle  during the term of the agreement and therefore benefited.

 

Too risky....I would be happy with this result and leave it at that.