FCA Automotive Services/Stoneacre Car Finance agreement claimform

[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

[AndyOrch]

16 hours ago, WantJustice said:

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

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

Do you still have a copy of the Default Notice ?

 

 

.

[WantJustice]

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

[dx100uk]

ok are we going to keep teeth pulling or are you going to scan them up please?

read upload carefully

 

[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

[dx100uk]

the first dn was void as it only gave 14 days not accounting for postage time so you didnt get it with 14 days remaining hence the 2019 one.

pop up on the bulk court website detailed on the claimform.
[if it is not working return after the w/end or the next day if week time]
.
When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word.

You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.

 then log in to the bulk court Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
defend all
leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit the website
..
get a CCA Request running to the claimant
.
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
..
Leave the £1 PO unsigned and uncrossed
.
get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.
.use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt] 
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

on BOTH type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

there is not harm in filing our DN late SB defence now too.

alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment
.
1 The Claimant's claim was issued on dd/mm/yyyy.

 2.The date last payment made was the dd/mm/yyyy 

 3.The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

 5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

dx

 

[WantJustice]

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

[AndyOrch]

You say the default is still showing on your credit files which would signify that the second DN was registered therefore the debt can't be statute barred....legally.

However the second DN materialised with the LBC and was never served on you in 2019?

[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.

[AndyOrch]

Don't submit a defence just yet until I have chance to look at this in detail.

[dx100uk]

On 05/12/2023 at 19:01, WantJustice said:

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]

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

[AndyOrch]

Yes they have steered clear of referring to a default notice or breach of the agreement.

[dx100uk]

defence not due till/by 4pm 3rd june.

dx

 

[AndyOrch]

When you get chance please upload a redacted copy of the agreement and also this termination notice included within the LBC.

[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

[AndyOrch]

What was the agreement start date you have obscured on the Termination Notice ?

How much was added from the previous loan ?

[WantJustice]

Agreement start date 27/11/15

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

Edited May 14 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.

[dx100uk]

correct thats all they are duty bound to supply.

what else were you expecting it to provide?

dx

 

 

[AndyOrch]

Current statement of Account ?

[WantJustice]

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

[AndyOrch]

Then only partially complied.