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    • no read it properly they have bought the debt. you've already received their notice of assignment.   std letter they send to every CCA request in reply if you go read like threads.   dx  
    • and the claimant has to have a copy of yours omit phone/email/sig on their copy. get it done don't await the deadline date.   as you'll see in another idem claimform thread just below yours the idem N180 no to mediation and wanting 1 month needs to be objected to.    
    • issuance of a claimform pauses the sb clock.   surely you cant say they are in default of your sec 78 as they have complied, better to say they have not fully complied.   the DN is NOT covered by a CCa request.   ive removed your earlier upload as crossing thru with a felt pen dos not obscure your details and  your name is clearly visible as well.        
    • Whoops........... I think I might have missed that bit off 😆   Here it is in its entire form:   1.    The defendant opened a studio regulated consumer credit account under reference ********* on 30th November 2011. 2.    In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated.  3.    The agreement was later assigned to the claimant on 25th September 2015 and written notice given to the Defendant. 4.    Despite repeated requests for payment, the sum of £716.38 remains due and outstanding.  And the Claimant claims; a) the said sum of £716.38; b) interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.157, but limited to one year, being £57.31; c) costs.     Defence   The Defendant contends that the particulars of claim are vague and generic in nature. 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.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.  It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   Paragraph 1 is admitted insofar that a contractual relationship in the past with Studio did once exist but I do not recognise the account number referred to by the claimant.   Paragraph 2 is noted but not admitted. The claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the nature of the alleged breach and service and copy of a Default Notice pursuant to CCA sec 87.1.   I am unaware of any legal assignment or Notice of Assignment allegedly served 25th September 2015 pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974.   On the 30th September 2019 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. To date the claimant has failed to comply to my CPR 31.14. The claimant also remains in default of my section 78 request and are therefore unable to enforce any agreement until such compliance.   On the 7th October 2019 Lowell provided a photocopy of an agreement and statement.  They confirmed that they have requested a copy of the Default Notice from the original creditor and this will be sent to me upon receipt.  To date, 23rd October 2019, I still await their compliance.   It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/agreement/balance/breach requested by CPR 31. 14 and sec 78 CCA1974 and therefore the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement with the Claimant; and b) show and evidence the nature of breach and service of a default notice pursuant to section 87(1) CCA1974 c) show how the Defendant has reached the amount claimed for; and d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. If there is anything that needs amending or changing please let me know. The debt becomes SB on the 23rd Nov, so if I can drag it out to then I am guessing that there is nothing they can do?
    • Hi thanks all off you for your help.   I'm having rest now.
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Bailey2004

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

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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.


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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


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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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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!

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go ring the court

have they paid the fee?

 

opps to late today its passed 4pm...


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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?


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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?

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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 ?


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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.

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

 

 

Bailey Defence..pdf

  • Confused 1

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try now


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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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

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Thread moved to General Legal Issues Forum and thread title updated


Well done Bailey

 

Andy


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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?

 


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Me, old rouge and yourself in defence point 5?

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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So it is......:wink: ...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. 


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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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