FCA Automotive Services/Stoneacre Car Finance agreement claimform

[WantJustice]

Hi

Have a debt that has not been acknowledged, nor a payment made, for 5 years and 10 months.

Have had various letters from a 'solicitors' about it (1 in 2020, 1 in 2022, and this newest one) but they have never sent me all of the paperwork I've requested, nor have they answered my complaint about irresponsible lending - yet still I have this (new) threat of pending court action.

One of the many issues is the copy of the original credit agreement.

On the original, it clearly states that the T&Cs (with a particular reference number) form part of the agreement, yet the T&Cs they've sent me have a different reference number.

To me, this means the T&Cs they've sent are incorrect because they are not the one's that form part of the (original) agreement.

I'm a little confused as they claim, what they sent, is the original agreement...Does this have any bearing at all?

I've written back to them explaining that they haven't sent what I requested, nor have they answered my original complaint but I'm very worried they will push this to the court.

Thoughts?

[dx100uk]

why are you entering into silly pointless letter tennis?

have you ever had  letter of claim?

whats the debt

who's the dca?

 

[AndyOrch]

Topic title amended for clarity.

 

Andy

[WantJustice]

OK,

After receiving a letter in 2020 from a solicitors, I sent a reply to the same  'solicitors' requesting all the documents regarding the debt, and for an answer to a complaint of irresponsible lending (was bringing home £850 a month but was given car finance by Stoneacre whereby payments were £245 pm), finally received some (not all) documents but no answer to complaint.

Fast forward to 2022 and another letter from same 'solicitors' demanding payment. Wrote back explaining not all docs received and no complaint answered. Heard nothing back.

Last month, another letter from a different paralegal (same firm of solicitors) which was, this time, a Threat of 14 Day Notice to Issue Claim Form. 

I have told them the same as I did previously but only recently noticed that the Ts & Cs they sent last time are different from the one's that form part of the original agreement.

I have also registered a complaint with the FOS re steven drake (solicitors)

[dx100uk]

can you answers my questions please?

dx

[WantJustice]

I don't understand your question about 'pointless letter tennis'

I don't think we've had a letter of claim as such, just this latest threat of one

I did mention it was for car finance through Stoneacre

Also said it was Stevensdrake chasing the £'s on behalf of their client (don't know who their client is though)

[dx100uk]

if you didnt get a letter of claim you should never ever reply to anyone or their wolves.

simply pointless letter tennis.

if its SB'd in 2mts (defaulted date from stoneacre default notice+14days or your last payment date, whichever is the latter)

until or unless you ever get a letter of claim from a sols representing the debt owner, (assuming this is a CCA Regulated agreement) you ignore everyone.

 that will come with a reply pack wanting things like I&E etc and gives you 1mth to reply (but come here 1st!!)  .

the sols client will be stated at the top of their letters....who is?

dx

 

 

[WantJustice]

Client is FCA Automotive Services

[dx100uk]

do you have your copy of the original agreement you signed?

when did you buy the car?

Stoneacre Car Finance are brokers and i suspect the agreement is not in their name, hence you've had no comms with them at all ?.

had you moved in that time?

can we have the original story of what happened to the car, why you stopped paying 5 years and 10 months. (feb 2018?) ago?

 

[WantJustice]

Yes I do, that's why I realised what the Ts & Cs they sent me differed to what I have (bearing in mind they told me what they sent were the original Ts & Cs)

Purchased 2015

Not moved, no.

Stopped paying because simply could not afford it. 

[dx100uk]

is the agreement covered by the CCA & HP?

who is the named creditor?

dx

 

[WantJustice]

It is covered by the CCA = How will I know if it's covered by HP?

Named creditor Fiat Financial Services (FCA Automotive)

FCA have changed their name for around the 5th time.

They are now CA Auto Finance UK Ltd apparently

[dx100uk]

scan it up 

read upload

HP is part of the CCA act 1974.

 

 

[AndyOrch]

12 hours ago, WantJustice said:

It is covered by the CCA = How will I know if it's covered by HP?

All HP agreements are covered by sec79 of the CCA1974.

 

Andy

[WantJustice]

Hope we're in the correct place.

Have, today, received a court order for a car loan debt taken out in 2015. 

The car loan was issued solely to my (vulnerable) wife, based on her annual income (at the time) of around £9000. The loan repayments were set at around £240 pm (plus a last balloon payment of roughly £3500 - after 5 years). The loan total given to her, with interest, was £14,318. Irresponsible lending at its best? We had 3 young children at the time. 

We tried keeping up with the payments but after the last payment we made (Feb 2018), we simply could not afford to pay. My wife got the odd letter/threat but nothing until a solicitors' letter arrived. She wrote back, making sure it was clear that she was not acknowledging the debt, but requested all the necessary paperwork. A few weeks later they sent her some (not all) of the paperwork, but the Terms and Conditions document was incorrect, it was different to the original. With that in mind, we just let it be. 

They didn't write for two years, until they demanding payment again. Wife wrote back (again not acknowledging the debt) and told them the paperwork they sent 2 years previously was incomplete AND it had the wrong Ts & Cs. Nothing again for a year until a new person wrote- they were told the same and hadn't heard anything again until the court order arrived today.

Will ignore the fact that the court order say Miss and not Mrs but just looking for a steer on how to respond. Does she simply quote the Limitations Act in her defence? Does she mention that they've never sent the requested docs to prove the debt, let alone sending the wrong Ts and Cs. She has 14 days to respond but like to get it done well before then.

Thank you

Edited May 8 by WantJustice

[T911]

Interesting this one. I have no real knowledge to give but I wish you and your wife luck. The guys here are ace so Im sure you'll be sorted in no time.

[lolerz]

This a claim form from the courts or a letter before claim from the sols?

 

[WantJustice]

It is a claim form from the courts

Edited May 8 by lolerz
Quote removed

[lolerz]

Related to this?

https://www.consumeractiongroup.co.uk/topic/463749-fca-automotive-servicesstoneacre-car-finance-agreement-and-steven-drake-sols-letters-cca-recon/#comment-5236961

 

[WantJustice]

Oh God yeah, that skipped my mind. Sorry.

 

[lolerz]

Threads merged, topic title updated and moved to the Financial Legal Issues subforum.

Please complete this: 
 

 

 

[WantJustice]

 Which Court have you received the claim from ? Civil National Business Centre, Northampton

Name of the Claimant ? CA Auto Finance UK Limited

How many defendant's  joint or self ? One (self)

Date of issue –  02 May 2024

Particulars of Claim

What is the claim for –

Unpaid car loan

1. By an agreement in writing dated 26 November 2015 and made between the Claimant and the Defendant, the Claimant loaned the Defendant a sum of money. The agreement was Regulated.

2. The Defendant failed to make payment of the sums due and the Agreement was terminated by the Claimant.

3. On the 7 February 2019 the balance due from the Defendant was £8,196,38. The Defendant has paid £0.00.      

THE CLAIMANT THEREFORE CLAIMS 

1. £8,196,38

2. Contractual interest to the date hereof £0.00

3. Further interest at 10.70 per annum (£0.00) per day until judgement or sooner payment.

4. Costs to be assessed.

CLAIMANTS CLAIM £8,196.38                                        

What is the total value of the claim? £8751.38

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Car Loan

When did you enter into the original agreement before or after April 2007 ? After

Do you recall how you entered into the agreement...On line /In branch/By post ? In Branch

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Creditor was FCA Automotive Services UK Limited

Were you aware the account had been assigned – did you receive a Notice of Assignment? No and No

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No

Why did you cease payments? Unaffordable

What was the date of your last payment? Feb 28 2018

Was there a dispute with the original creditor that remains unresolved? Yes (irresponsible lending and they did not supply all documents when CCA sent. The Terms and Conditions they sent as part of the request were different to the original Ts and Cs.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

[dx100uk]

21 minutes ago, WantJustice said:

What was the date of your last payment? Feb 28 2018

so the debt is statute barred then

more than 6yrs since your last payment?

 

[WantJustice]

I believe it to be, yes. no payment or acknowledgement of any debt to them since Feb 2018

Edited May 9 by WantJustice

[dx100uk]

they mention terminated in the POC, but thats a red herring and means nothing.

did they ever send a Default Notice to you please?

and do you have it?

dx