Urgent Statutory demand from Tesco credit card/natwest

[rory32]

Karen pm a moderator to get the posts joined together.

[Rhia]

Karen, sorry if I missed this but have you actually had a county court judgement made against you for this debt?

[charlie41dimmock]

Hi Rhia, yes my husband has I'm posting for him, kaz

[charlie41dimmock]

Karen pm a moderator to get the posts joined together.

 

have tried but their inbox is full

[MARTIN3030]

2 Threads merged.

If you want title change then pm me or another mod

 

 

 

Ps sorry inbox is full

you can always e mail me if its easier.Am happy with helping from there as long as it goes back here on the forum after.

[charlie41dimmock]

Thanks martin,

 

Bump

 

Can someone advise me on amending LBA (above)to fit my action, thanks karen

[1970]

I had a situation like this a few years ago. A debt collection company used to fill out stat demands and post them out with them even going through the court.

 

It's to scare you.

 

Don't be scared.

 

You'll get good help here.

 

1970.

[charlie41dimmock]

Bishops investigations statutory demand bancruptcy proceedings for a dept of 4 and a half k after giving back a car on hp and being sold at auction no info from 1st credit re how much car was sold for, where etc, so want to send LBA letter before action but have got stuck on amending wording , have amended some, see below-

 

Sorry to mislead this dept is for a credit card, not the car one (another story) have 3 things going on at natwest so got confused.

 

so want to send LBA letter before action but have got stuck on amending wording , have amended some, see below-

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

Your ref: 984362

 

 

I am very disappointed that you have failed to respond to my two letters of the 21 May 2007, copies of which are enclosed.

I now understand that the regime of 'fees' which you have been applying to my account are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

 

Additionally (if )you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

 

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6©, and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

what can I leave in or change as dont know what interest or costs occured and need this info to pursue claim,

thanks karen

[charlie41dimmock]

what can I leave in or change above as dont know what interest or costs occured and need this info to pursue claim,

 

thanks karen

[charlie41dimmock]

Hi, now been sent court papers for whole of dept of what they say we owe for the car after handing it back, 14 days are up to put in defence what do we do, we thought by giving it back dept would be finished, only one year left to pay of dept.

Help please, kaz

[TheVindicator]

Kaz, firstly, how much had you paid on the car? if you have paid half the amount under the agreement, and providing the car is in reasonable condition relative to age and mileage, you are not obliged to pay any more.

[TheVindicator]

woops - a little premature on the submit button there. if 1st credit (yes, i have heard of this outfit too) should prove they have sold the car for a reasonable price, and taken steps to obtain a reasonable amount for it (eg. they cannot sell a car worth 10,000 that you owe 6,000on for 2,000)

[charlie41dimmock]

woops - a little premature on the submit button there. if 1st credit (yes, i have heard of this outfit too) should prove they have sold the car for a reasonable price, and taken steps to obtain a reasonable amount for it (eg. they cannot sell a car worth 10,000 that you owe 6,000on for 2,000)

 

 

Hi, they would not tell us how much it was sold for auction, car was fine good condition, or where it was to be sold.

[charlie41dimmock]

Kaz, firstly, how much had you paid on the car? if you have paid half the amount under the agreement, and providing the car is in reasonable condition relative to age and mileage, you are not obliged to pay any more.

 

Sorry vindicator, bought car for 10,000, paid back 8k and still they want nearly 4k, and had car back to resell at auction. kaz

[payingonlyencouragesthem]

Sorry vindicator, bought car for 10,000, paid back 8k and still they want nearly 4k, and had car back to resell at auction. kaz

 

Did you have any arrears? You have to hand the car back as soon as you have made half the payments - you can't keep it for another 12 months without paying and then hand it back. You'll then have 12 months of arrears to pay. Return of Goods hearings are different from others - if they have got a valid agreement they could get a judgment quite quickly and easily. Have you CCA'd them to make sure they have an enforceable agreement?

[charlie41dimmock]

Did you have any arrears? You have to hand the car back as soon as you have made half the payments - you can't keep it for another 12 months without paying and then hand it back. You'll then have 12 months of arrears to pay. Return of Goods hearings are different from others - if they have got a valid agreement they could get a judgment quite quickly and easily. Have you CCA'd them to make sure they have an enforceable agreement?

 

Hi, yes husband was in arrears as he lost his job and was working for a lot less money, they were informed of this, they pressured him into surrendering the car back, or threatened court action. Have CCA'd Bishops investigations, no reply to that just passed it over to someone else, ie court papers from Sechiari, clark & mitchell, litigation recoveries centre o/b, herts. For Black Horse, Cardiff.

Haven't sent LBA as didn't know what to edit out.

[charlie41dimmock]

Re: yorkiebarkid V bishops investigations/ist credit

Did you have any arrears? You have to hand the car back as soon as you have made half the payments - you can't keep it for another 12 months without paying and then hand it back. You'll then have 12 months of arrears to pay. Return of Goods hearings are different from others - if they have got a valid agreement they could get a judgment quite quickly and easily. Have you CCA'd them to make sure they have an enforceable agreement?

 

Hi, yes husband was in arrears as he lost his job and was working for a lot less money, they were informed of this, they pressured him into surrendering the car back, or threatened court action. Have CCA'd Bishops investigations, no reply to that just passed it over to someone else, ie court papers from Sechiari, clark & mitchell, litigation recoveries centre o/b, herts. For Black Horse, Cardiff.

Haven't sent LBA as didn't know what to edit out.

[payingonlyencouragesthem]

Re: yorkiebarkid V bishops investigations/ist credit

 

 

Hi, yes husband was in arrears as he lost his job and was working for a lot less money, they were informed of this, they pressured him into surrendering the car back, or threatened court action. Have CCA'd Bishops investigations, no reply to that just passed it over to someone else, ie court papers from Sechiari, clark & mitchell, litigation recoveries centre o/b, herts. For Black Horse, Cardiff.

Haven't sent LBA as didn't know what to edit out.

 

They probably will have the agreement and it will, unfortunately be enforceable. I had these people after me for a car and I got Laiste to check the agreement and it was fine. You need to ring Sechiari and ask for settlement terms. The problem is this mob won't accept an installment plan that isn't backed by a CCJ so if you want to avoid the latter you'll need to borrow some money from elsewhere. I think you'll probably find they will settle for less than £3k. If you fight them in court you'll get a lot of charges knocked off but I feel you'll probably need around £3k in that instance too.

[sequenci]

Was the car returned under a voluntary termination clause (s99 CCA) ?

[charlie41dimmock]

Was the car returned under a voluntary termination clause (s99 CCA) ?

 

Hi, yes I think so, hubby had to fill out some paperwork to show what mileage and condition of car was like, a geezer from ist credit came round, he then said car would be auctioned off for 'the best price possible', yeah right, and we hear accordingly, and said hubby had to make an minimum dd payment monthly until then, which was £10.00, which he did for a few months, then stopped as we couldn't afford it. Heard nothing until this year when sent them a cab letter re financial difficulties then next thing, stat. demand and now the court papers.

[charlie41dimmock]

RE-black horse car loan-ist credit-court papers

 

Also just realised no SAR or CCA forms have been sent for this black horse car loan, as copies cannot be found only for the tesco credit card (SAR, CCA sent) so post shouldn't have been joined, confused so am I.

 

SO can I still send them even tho the court is involved and the time limit is up to defend?

[charlie41dimmock]

Bump

[charlie41dimmock]

Bump

 

RE-black horse car loan-ist credit-court papers

 

 

As no answers to my dilema, if not heard nothing by tomorrow will send the forms anyway, kaz

[charlie41dimmock]

Have now received a judgement by the court for full amount and have only 2 days to come up with first payment of £255.

 

As if we have that kind of money!!!

 

Have sent in defence see what happens, they mention a fee just sent it on its own