Jump to content

 

BankFodder BankFodder


mummyemma

help writing a defence against a default

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4840 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

im trying to write a defence against a ccj that yes car credit filed against my husband. I know what i want to say but am unsure if i am wording it right. I wonder if anyone can help me or point me in right direction

 

thanks in advance

 

Emma


HFC - Data protection letter sent - 17/07/06

- prim letter sent for £900 - 27/07/06

- LBA sent 10/08/06 asking for £945

- letter from HFC offering £450

- Letter from HFC offering £946.36

- Settled in full before filing MCOL

Ikea - Data protection letter sent - 31/07/06

- prim letter for £580 - 10/08/06

-Letter from ikea offering £250 - refused

-LBA sent 26/08/06

- Settled in full before filing MCOL

Alliance and Leicester

- Prim letter sent for £815 - 10/05/07

- LBA sent for £815 - 31/05/07

- Letter from A and L offering £143.50

HSBC - Data protection sent 10/05/07

Share this post


Link to post
Share on other sites

Hi welcome to the site.

I am moving your post to Baliff and debt where you will get the info you need.

 

Maybe you could post a little more inf to help us help you ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Share this post


Link to post
Share on other sites

Not sure what info you need so let me know, but here is the story so far.

 

Returned a car to yes car credit in july 06. Heard nothing from them till court papers arrived in december. Basically they are saying that we must continue to pay them for the outstanding insurnaces.

 

My argument is we were mis sold the insurances and therefore shouldnt have to pay.

 

On the court papers it doesnt say that its the insurannces that are outstanding it just says we still owe them £1500 and have fallen into arrears.

 

We dont have the car, we had paid over half of the agreed term so therefore were able to return the car under the agreement. At no point have we had any letters from them stating we still owe them money.

 

Am very cross and not happy to pay, i hope some of that helps

 

Emma


HFC - Data protection letter sent - 17/07/06

- prim letter sent for £900 - 27/07/06

- LBA sent 10/08/06 asking for £945

- letter from HFC offering £450

- Letter from HFC offering £946.36

- Settled in full before filing MCOL

Ikea - Data protection letter sent - 31/07/06

- prim letter for £580 - 10/08/06

-Letter from ikea offering £250 - refused

-LBA sent 26/08/06

- Settled in full before filing MCOL

Alliance and Leicester

- Prim letter sent for £815 - 10/05/07

- LBA sent for £815 - 31/05/07

- Letter from A and L offering £143.50

HSBC - Data protection sent 10/05/07

Share this post


Link to post
Share on other sites

 

My argument is we were mis sold the insurances and therefore shouldnt have to pay.

 

On the court papers it doesnt say that its the insurannces that are outstanding it just says we still owe them £1500 and have fallen into arrears.

 

Emma

 

Are they claiming repayment protection insurance payments for periods after or before you voluntarily transfered the car? If they don't say what they are claiming the money for you could write to the court and ask for the claim to be struck out on the grounds that it discloses no reasonable cause for action against you.


"Why CCJ when you can CCA!"

Share this post


Link to post
Share on other sites

hi here are the particulars of there claim

 

By an agreement dated the 18/11/20333 claimant advance the defendent a sum of £5000. The agreement regulkated by the consumer credit act 1974 subject to the repayment of the principle sum and payment of intrest and charges. The loan was payable by monthly instalments of £215.84. The defendant failed to matian these payments and by the 30th July was in arrears of £431. On or about this date the claimant issued a defualt notice and required a remedy of the breach with 7 days. The defendent failed to comply and is now liable for the total balance outstanding under the agreement £1335.09 plus interests and costs.

 

I hope that helps. We asked for the account to be terminated in June they collected the car in July

 

Thanks

Emma


HFC - Data protection letter sent - 17/07/06

- prim letter sent for £900 - 27/07/06

- LBA sent 10/08/06 asking for £945

- letter from HFC offering £450

- Letter from HFC offering £946.36

- Settled in full before filing MCOL

Ikea - Data protection letter sent - 31/07/06

- prim letter for £580 - 10/08/06

-Letter from ikea offering £250 - refused

-LBA sent 26/08/06

- Settled in full before filing MCOL

Alliance and Leicester

- Prim letter sent for £815 - 10/05/07

- LBA sent for £815 - 31/05/07

- Letter from A and L offering £143.50

HSBC - Data protection sent 10/05/07

Share this post


Link to post
Share on other sites

Emma this a) looks like a loan and not an HP agreement and b) looks like the outstanding balance after auctioning the car is being claimed. a) being the case you cannot simply return the car after making half the payments and owe nothing b) being the case then they have quite a good case. However I suggest you do defend. Send in the acknowledgment of service form to the court and write to whoever is suing you (can't be Yes cos they don't exist any more) and ask them for a breakdown of their claim so you can file your defence - it's bound to include some unlawful charges so at very least you can get a much lower settlement figure. Send a copy of this letter with your acknowledgment of service to the court.


"Why CCJ when you can CCA!"

Share this post


Link to post
Share on other sites

Have done an acknowledgement of service and wrote to direct auto as it is now. Under my agreement i can return the car as long as i have paid half which i have done.

 

The letter direct auto claim to have sent states that although car agreement has been terminated we still owe the insurances - it is these that i believe I have been mis-sold ( i have now got a copy of this letter).

 

So the claim is for the outstanding insurance not the car. Sorry i may not have been clear. But then going on what they have written on the particulars its not very clear either.

 

I have all the orginal agreement in front of me so if you need anymore info please yell.

 

Emma


HFC - Data protection letter sent - 17/07/06

- prim letter sent for £900 - 27/07/06

- LBA sent 10/08/06 asking for £945

- letter from HFC offering £450

- Letter from HFC offering £946.36

- Settled in full before filing MCOL

Ikea - Data protection letter sent - 31/07/06

- prim letter for £580 - 10/08/06

-Letter from ikea offering £250 - refused

-LBA sent 26/08/06

- Settled in full before filing MCOL

Alliance and Leicester

- Prim letter sent for £815 - 10/05/07

- LBA sent for £815 - 31/05/07

- Letter from A and L offering £143.50

HSBC - Data protection sent 10/05/07

Share this post


Link to post
Share on other sites

Right I have done some further reading of my credit agreement with them. Basically the £5000 that they talk about in the particulars of claim is just for the car and nothing else. Under my agreement it states that i may return the car as long as i have paid half which i have and i return the goods which I have. So i am very confused and really unsure what to do.

 

I have started my defence please please can someone help. This is what i have so far

 

I terminated my agreement with the claimant on 26th June 2006 under

the terms of my agreement. I returned the goods on the 17th July and had paid half the amount payable under the agreement. I recieved no further contact from the company until I recieved this claim.

I therefore believe that i did not fail to maintain my instalment plan as i had terminated my agreement with the claimant as is my right to set out in the orginal agreement. Under the agreement I was required to have pad half the the total amount payable and return the goods. I have complied with both parts of this. I have had no contact at any point from the claimaint asking for repayment of outstanding monies.

 

Help please i havent got long to file a defence

 

many thanks

Emma


HFC - Data protection letter sent - 17/07/06

- prim letter sent for £900 - 27/07/06

- LBA sent 10/08/06 asking for £945

- letter from HFC offering £450

- Letter from HFC offering £946.36

- Settled in full before filing MCOL

Ikea - Data protection letter sent - 31/07/06

- prim letter for £580 - 10/08/06

-Letter from ikea offering £250 - refused

-LBA sent 26/08/06

- Settled in full before filing MCOL

Alliance and Leicester

- Prim letter sent for £815 - 10/05/07

- LBA sent for £815 - 31/05/07

- Letter from A and L offering £143.50

HSBC - Data protection sent 10/05/07

Share this post


Link to post
Share on other sites

Emma, from what you say, you volunteered to return the car after you had

completed at least 50% of the payments. Under the Consumer Credit Act

there is nothing further for you to pay, unless there were arrears or there

was damage to the car.

I am assuming that the arrears they are claiming are for the months of June

and July? Well, providing that when your previous payment in May took you past the 50% mark, and you told them that you were returning the car,

there is nothing else for you to pay.

Your defence is therefore that by early June, you had paid at least 50% and

wrote to the company voluntarily cancelling the contract as was your right

under the Consumer Credit Act, and also under the companys' own T&Cs.

You therefore have no further liability to the company and you ask that the

case be struck off. In addition, if they have placed a default on your account,

that it be erased. Don't mention anything about insurances in your defence,

since they do not state them in their submissions.

 

I have included a pdf file below from the OFT concerning voluntary terminations which might help if you do end up in Court. The only worry is

whether you have completed 50% of the payments.

 

Good luck with your case.

 

http://www.oft.gov.uk/NR/rdonlyres/1742CF1C-E663-4B61-BD55-717AD727BCFF/0/oft761.pdf

 

You can quote section 100 and 101 of the CCA 1974

 

 

100.—(1) Where a regulated hire-purchase or regulated conditional sale agreement is

terminated under section 99 the debtor shall be liable, unless the agreement provides

for a smaller payment, or does not provide for any payment, to pay to the creditor the

amount (if any) by which one-half of the total price exceeds the aggregate of the sums

paid and the sums due in respect of the total price immediately before the termination.

(2) Where under a hire-purchase or conditional sale agreement the creditor is

required to carry out any installation and the agreement specifies, as part of the total

price, the amount to be paid in respect of the installation( the " installation charge")

the reference in subsection (1) to one-half of the total price shall be construed as a

reference to the aggregate of the installation charge and one-half of the remainder of

the total price.

 

(3) If in any action the court is satisfied that a sum less than the amount specified

in subsection (1) would be equal to the loss sustained by the creditor in consequence

of the termination of the agreement by the debtor, the court may make an order for the

payment of that sum in lieu of the amount specified in subsection (1).

(4) If the debtor has contravened an obligation to take reasonable care of the

goods or land, the amount arrived at under subsection (1) shall be increased by the

sum required to recompense the creditor for that contravention, and subsection (2)

shall have effect accordingly.

(5) Where the debtor, on ,the termination of the agreement. wrongfully retains

possession of goods to which the agreement relates, then. in any action brought by the

creditor to recover possession of the goods from the debtor, the court, unless it is

satisfied that having regard to the circumstances it would not be just to do so, shall

order the goods to be delivered to the creditor without giving the debtor an option to

pay the value of the goods.

101.~(1) The hirer under a regulated consumer hire agreement is entitled to terminate

the agreement by giving notice to any person entitled or authorised ~o receive the

sums payable under the agreement.

(2) Termination of an agreement under subsection (1) does; not affect any liability

under the agreement which has accrued before the termination.

(3) A notice under subsection (1) shall not expire earlier than eighteen months

after the making of the agreement, but apart from that the minimum period of notice

to be given under subsection (1), unless the agreement provides for a shorter period, is

as follows.

(4) If the agreement provides for the making of payments by the hirer to the owner

at equal intervals, the minimum period of notice is the length of one interval or three

months, whichever is less.

(5) If the agreement provides for the making of such payments at differing intervals,

the minimum period of notice is the length of the shortest interval or three months,

whichever is less.

(6) In any other case, the minimum period of notice is three months.

(7) This section does not apply to—

(a) any agreement which provides for the making by the hirer of payments which in

total (and without breach of the agreement) exceed £300 in any year, or

(b) any agreement where—

(i) goods are bailed or (in Scotland) hired to the hirer for the purposes of a

business carried on by him, or the hirer holds himself out as requiring the goods

for those purposes, and

(ii),the goods are selected by the hirer, and acquired by the owner for the

purposes of the agreement at the request of the hirer from any person other than

the owner's associate, or

57

© any agreement where the hirer requires, or holds himself out as

requiring, ,the goods for the purpose of bailing or hiring them to other persons

in the course of a business carried on by him.

(8) If, on an application made to the Director by a person carrying on a consumer

hire business, it appears to the Director that it would be in the interest of hirers to do

so. he may by notice to the applicant direct that this section shall not apply to

consumer hire agreements made by the applicant, and subject to such conditions (if

any) as the Director may specify, this Act shall have effect accordingly.

(9) In the case of a modifying agreement, subsection (3) shall apply with the

substitution, for " the making of the agreement " of " the making of the original

agreement ".

Share this post


Link to post
Share on other sites

Hi lookingforinfo,

 

thank you very much for your PM and your message. I have def paid over half the payments, so feeling a lot more hopeful. I believe that you are right when you say they are claiming for the months June and July although they are never helpful but i have a statement of all payments and not one has been missed. I better get writing a bit more. Oh and yes they have applied a default to the account so will ask for that to be removed.

 

Many thanks

Emma


HFC - Data protection letter sent - 17/07/06

- prim letter sent for £900 - 27/07/06

- LBA sent 10/08/06 asking for £945

- letter from HFC offering £450

- Letter from HFC offering £946.36

- Settled in full before filing MCOL

Ikea - Data protection letter sent - 31/07/06

- prim letter for £580 - 10/08/06

-Letter from ikea offering £250 - refused

-LBA sent 26/08/06

- Settled in full before filing MCOL

Alliance and Leicester

- Prim letter sent for £815 - 10/05/07

- LBA sent for £815 - 31/05/07

- Letter from A and L offering £143.50

HSBC - Data protection sent 10/05/07

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...