Jump to content


  • Tweets

  • Posts

    • Oh yeah, I messed up the numbering. So should I keep paragraph 1-3, then use my original ones for the CCA? No CPR / NOA or DN. Thank you for your patience. I don't really fully understand all this legal stuff.   Revised draft defence:   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.    2. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars.   3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served over six years ago.    4. On the 04/08/2018 I sent a formal request for a copy of the Credit Consumer Agreement to the Claimant pursuant to section [77 or 78] of the Consumer Credit Act 1974 along with the statutory £1 fee. <---- do i need to delete 77 or 78? 5. On the 12/08/2018, the Claimant sent confirmation they were unable to provide a copy of the agreement and that any account they had was unenforceable so therefore the Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.    Thanks
    • Ok, you haven't got the set aside yet so you can't file the 'full blown' defence we would normally file upon receipt of a claim form, you need to await the set aside and if a subsequent hearing is requested to file what you have.   your 1st no.5. Is about the only relevant bit above. But no a cpr is not a cca and you didnt send a cpr or any other request for noa or dn?   DX
    • DRAFT DEFENCE The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is noted. I have had an agreement in the past with Shop Direct Finance Company Limited but I do not recognise the account number referred to by the Claimant.  2. Paragraph 2 is noted but not admitted. The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the claimant and is therefore put to strict proof to verify the alleged statement of its particulars. 3. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served over six years ago.  4. On the 04/08/2018, I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. <<- is this the CCA request? 5. On the 12/08/2018, the Claimant sent confirmation they were unable to provide a copy of the original agreement and that any account they had was unenforceable so therefore, the Claimant has failed to date to respond to the CPR and remains in default of the section 78 request. <<- their response to CCA request 3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment / balance / breach requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant should prove the allegation that the money is owed. 5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.  6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I believe the facts stated in this Defence are true.
    • just copy and past the text into a msg box here then its far easier to edit/quote for us please   dx  
    • Hi dx   Thank you very much. That has been a great help. I have been searching the forum, but wasn't finding anything that I thought was relevant to our situation.   Find attached v2 of draft defence.   Have I missed anything? are the other documents ok?   Thanks cag-ddv2.pdf
  • Recommended Topics

  • Our picks

errors on agreement, log book, vehicle


Notty
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5351 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I purchased a vehicle, 3 years ago, on a 7 year unregulated hire purchase agreement. I want to send the vehicle back but I have found out that I don't actually have any consumer rights. This of course was not explained to me at the time of purchase. Up until Friday Black Horse had told me that if I paid 50% I could return the vehicle with nothing more to pay & no penalties. That is what I'd been doing with just £5,000 to go to reach half way. I've paid for 3 years almost £20,000. Balance was £39,750 (with £10,550 interest) but settlement figure is still £26,000 with penalties on.

Found out yesterday this is only applicable on a REGULATED agreement.

On an UNregulated agreement I can be charged up to 5 months interest as a penalty + all costs of returning the vehicle. I'm currently in arrears which I was going to clear on Monday but with all this I feel I need to get some clear guidance. I have all the emails & lists of problem I encountered with the vehicle from day one. When the dealer eventually agreed to take it into the workshop I called on the Friday to check all was ok with the appt. on the following Monday & was told they'd gone into liquidation that morning! So tey never did the work they promised & there is no UK distibutor for parts either. Pretty awful when you've just signed up for the amount of HP!!

 

During a recent MOT the mechanic pointed out that the chassis number on the log book is different to the one on the vehicle. On double checking the agreement yesterday there is another chassis number making three different chassis numbers!

I have spoken to Consumer Direct (oft helpline) who think that if there are errors in the chassis numbers I could possibly return the vehicle, without anything further to pay & reclaim the money I have paid over the last three years!!

Someone else has said this could come under the Supply of Goods and Services Act 1982

Does anyone know if this is the case or know anything about this??

I always thought if your chassis number didn't match the log book there is no way you could even sell the vehicle?

 

The dealer went into liquidation 8 weeks after I purchased the vehicle, so I can't go back to them for advice. But my feeling is I've been misled as there was an exact same vehicle which had gone off road with a broken chassis.

The vehicle I thought I was buying had an awning but I got a vehicle without an awning. Now all this with the chassis number I do feel very worried & don't know where to get the right advice. I kept being brushed off when I said about the awning he laughed & said he could fit one for £900!

 

Consumer Direct have put me in for a call from Trading Standards, as you can no longer call them direct anymore at the local council.

I'll wait to see what they say. I'll keep you posted. I'm just so worried about the heavy mob from BH turning up to take the vehicle!

Any advice or thoughts would be very welcome

 

Thank you

Link to post
Share on other sites

first thing i would do is stop paying anyinstalments and notify your creditor of this. Then get the car check by the police to make sure everthing os Kosha, if its not get onto the trading standards and a solicitor

Link to post
Share on other sites

Hi thank you for replying. I put a call in to trading standards because you have to go through Consumer Direct first, they filter their calls. You're supposed to get a call within 3 days. My call should have been Tuesday at the latest. No call. Black Horse have rung each day, I'm sure he thinks I'm telling fibs!

SO called trading standards again yesterday - said hopefully I'd get a call today. Waited all day & nothing again. nightmare!!

Of course you can't call them yourself & when they do call I've been told they don't always leave a message - how mad is that.

So I'm still waiting. Was supposed to clear the arrears on Monday, but haven't paid anything.

 

I'll keep you posted.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...