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?

[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)

[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)

[WantJustice]

Client is FCA Automotive Services

[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. 

[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

[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

[WantJustice]

It is a claim form from the courts

Edited May 8 by lolerz
Quote removed

[WantJustice]

Oh God yeah, that skipped my mind. Sorry.

 

[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

[WantJustice]

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

Edited May 9 by WantJustice

[WantJustice]

Having looked through the paperwork, I note they have sent 3 seperate LBCs.

Two are in the name of FCA Automotive (1st one issued 21 Jan 2020, 2nd one 21 Sept 2022) and the last one (issued 12 Sept 2023) is under CA Auto Finance UK Limited.

In the first one, they did send a copy of the default notice, but this was not sent with the 2nd LBC and neither was it sent with the last one either. . 

A quick look at the default notice and I see it states the agreement start date was not the same day as the original agreement was signed. It's a day different but do not know if that makes any difference.

Also, I note we received a letter on the 16 Nov 2023 which states of a 14 day notice of intention to issue claim form. Heard nothing since that, until this court claim arrived. 

UPDATE

I went rooting through an old box of paperwork I have and I've found the original Default Notice. It is dated **/**/201*, however.. The copy of the Default Notice that they sent with the LBC has a completely different date on it

Can they issue 2 default notices for the same debt? Where they have changed the date on the copy, they have also changed the amount owed through failed payments and how much is required to be paid by a certain date.

In addition, they sent (with the 1st LBC) a copy of the termination of the agreement, which I cannot find the original.

However, the termination date is 3 days after the date given on the (doctored) Default Notice, by which monies are to be paid by.

So, they gave until the 'x' date to pay the arrears, then terminated the agreement 3 days later. I bet a dollar to a dime they've doctored the termination date also.

Edited May 10 by WantJustice

[WantJustice]

Yes. Both the original and the one they've doctored

[WantJustice]

The 2nd page of the 2019 Default notice is exactly the same as the 2nd page of the July Default

2018_Default.pdf DeFault18.01.19b.pdf

[WantJustice]

Thank you dx100, I'll get all that done tonight.

[WantJustice]

I'm very confused if I'm honest, the more I actually look into it.

On the (court) Claim form it states the loan was terminated 7 Feb (2019) yet on Equifax it states the loan was defaulted on 26th Feb (2019). But the 2nd default was actually dated 30th Jan (2019)

The last time I sent CCA request they didn't send all the docs I asked for and the Ts & Cs they did send (which they said were the actual Ts and Cs for the loan) are different from the original Ts and Cs...surely that can't be right.

Also, they never answered or dealt with my irresponsible lending complaint.

Anyway, I'll get on with doing what dx100 has advised,

Appreciate all the help.

[WantJustice]

Not forgetting additional confusion about it changing from FCA Automotive Services UK Limited to CA Auto Finance UK Limited without ever being informed.

OK, all done as requested. Defence left blank for now.

Just one small question in relation to the CPR31:14....

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

and it says * delete if not mentioned in the Particulars of claim.

I'm not  sure if I ask for everything or nothing as I can't see any of the list mentioned in the POCs

[WantJustice]

 Had a previous car loan with this lot. Included in the amount (prior to added interest) on this agreement, is the outstanding balance from the previous loan. This outstanding balance had already been subject to hefty interest on the 1st loan, yet on this agreement they added interest to it again!

Also, where it states that the particular Ts and Cs (ref # removed) form part of the agreement, the Ts and Cs they've sent, which they say are part of the agreement, but they are not- they have a different reference number to the Ts and Cs which form part of the (original) agreement.

agreeandterm.pdf

[WantJustice]

Agreement start date 27/11/15

Amount added from previous loan (before interest was, again, added to it) was, £3441.62

Edited Tuesday at 17:27 by WantJustice

[WantJustice]

Just received reply from my s77 request.

They have sent copy of original agreement and copy of the Ts and Cs - nothing else.

[WantJustice]

No, in the envelope was just the copy of the original agreement and a copy of the Ts and Cs.