FCA Automotive services (now CA auto finance) Claimform - Shortfall after Car Repo.

[BankFodder]

Please follow the instructions above – but also can you tell us what pre-action protocol the claimants followed.

How long ago did they contact you and warn you about the forthcoming action – and please post up their communication to you about this in PDF format.

Also, if you were in the middle of an FOS investigation and the lender knew about this, then it seems to me that they are not treating you fairly and you would have the basis of a counterclaim under the conduct of business rules – COBS which requires that they treat you fairly and communicate with you fairly.
That, apart from anything else.

Also, I notice that you haven't identified the lender. Is there a reason for that? Are you trying to protect them?

[BankFodder]

As long as you are honest and straight dealing then there is no information here that would ever prejudice you. Don't forget at court cases you would be required to disclose in advance any information you are going to rely upon so there is no question of ambushing the other side.
Disclose information here and we can help you.
Interesting that you are proposing to rely on CONC. It has been so long since I put that out I had forgotten all about it. It will be very seem to see what you say about it and what they say about it.
However does a breach of the CONC rule confer a direct flight of action to private citizens? You need to check this because there are lots of FCA regulations which sound great but actions in respect of those can only be taken directly by the FCA and there are no private rights of action.

Even if you are able to cite CONC in a counterclaim, you should absolutely cite COBS because there is definitely a right of action for individuals in respect of failure to treat you fairly or communicate with you fairly. There is nothing to stop you relying on both of these sets of regulations in a counterclaim – and you should do.
I suggest that you draft your defence and also your counterclaim and post it up here so we can have a look.

Don't worry about the other side seeing it. Who cares? What can they do if they suddenly see it a week or so before they actually receive it through the post?

If you have to rely on surprise and ambushed then frankly it means that you don't have much of a case to argue