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where does anything say its a penalty charge please? sit on your hands , stop begging to everyone await if/when you ever get a letter of claim. thread title updated -
By Unknown2024 · Posted
Hi all, new member, being advised by someone on another forum but looking for the opinion of others to help me decide what to do. Bit of a long one but I am looking for some quite specific advice or signposting to somewhere that may hold the correct information. Long story short, I bought an Audi on finance years ago and traded my old car in under the diesel scrappage scheme, brilliant. This allowed me to reduce the value of my brand new car by £7,000 Fast forward a few years later and I fell into hardship. Unfortunately I could no longer afford the car and despite my best efforts at trying to negotiate some kind of support from VWFS (Audi financial Services), the car was subsequently marked stolen and I was pulled over at the side of the road using Tactical Pursuit and Contain. My car was then recovered back to the finance company. I struggled for a while, bought an older car to get myself by and eventually got my finances back on track. Then in September of last year I became aware of a CCJ against me filed by VWFS, for the shortfall of the agreement minus the value of the car which was sold at auction. This caused me to do some research into my agreement, legislation and also consult some legal advice. Using another forum and speaking to retired vehicle finance lawyers, it turned out I may have some grounds to apply to set aside the CCJ at a Court hearing, so I drafted some documents and a witness statement and I was successful in setting aside the CCJ, on the grounds that VWFS had no evidence that I had traded in my old car as a part exchange. Now this is where things get complicated. My whole defence on winning the case against VWFS and disregarding liability for the shortfall rested on the fact that, with my old car as a part exchange, I had paid in more than a third of the agreement and VWFS could not repossess my car without a court order or they would be in breach of Section 90 of the Consumer Credit Act 1974 and I would be entitled to all sums paid under the agreement. I took this all the way, noting that the CCA 1974 and the Consumer Credit Agreement Regulations 2010 state that a deposit is defined as any exchange of goods or by any other means a reduction in value of a purchase by means of a transfer. I recently had my day in Court but as a litigant in person, was cross examined by an all singing all dancing Barrister and of course he persuaded the Judge that I had no case, and that my car traded in under the scrappage incentive was not to be classed as a deposit, despite it literally being written in legislation, amongst other reasons why I found the HP agreement to not be properly executed. I am now appealing this decision as I strongly believe the Judge has misinterpreted the law, What I really need for this to be successful is someone who is knowledgeable in the field of Vehicle Finance to help me understand if I have a possibility of overturning this case, as I have no doubt at all that my car should be classed as a part exchange and a deposit and it is blatantly written in the legislation that the finance companies are bound by. I would massively appreciate if someone can help me decipher this legislation and its application in the sense of my HP agreement, I simply do not understand how I can trade in my car and it not be classed as a part exchange, or a deposit. Similarly, if someone is able to find the exact wording of the terms and conditions of how the Diesel Scrappage Scheme was managed in 2018 that would be an absolute life saver! Thanks so much in advance, this is not a straight forward nor a well documented case but I believe I am onto something and I believe there will be other people in my position who have lost their cars without knowing this clause and could well be entitled to reclaim all sums under the agreement -
we know them well. you TOTALLY ignore them. NO DCA is a BAILIFF
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Thanks, I'll try it. -
pointless letter tennis. dx
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Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available
BankFodder posted a post in a topic,
We have finally managed to obtain the transcript of this case.
The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.
Frankly I don't think that is any accident.
One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.
Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.
We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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This is good ethical practice.
It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.
OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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