close premium finance help needed

[karen654321]

hiya keep checking my mcol... Nothings happened yet... will keep you updated.

 

karen

[karen654321]

Hiya, Checked the mcol today. Close premium finance are defending the claim. I presume i will get a copy of there defence through post.

 

Also am i right in thinking it will now get transferred to my local court?

 

I never recieved the breakdown of the charges that they promised me suprise suprise.

 

keep you posted

 

 

karen

[stadium_arcadium]

Hi Karen, yes you are right, it will get transferred to your local court. I wonder if they have put the breakdown in their defence.......LOL:p

And if you do end up in court with them it won't be intimidating, it's quite an informal set up, tables and chairs etc with just the people there that are needed. I went back last year to sit in on a directions hearing for bank charges. It was very insightful:)

When you said they could account for the £30 charge, was that in writing?...where in the country are you? (if you don't want to disclose this on here please PM me)

Thanks for keeping us informed:D

[karen654321]

Hiya, Received today my notice of tranfer proceedings, defence and allocation questionaire.

 

This is there defence

 

Close premium finance enables clients to spread the cost of their insurance premium by borrowing through a loan acount and then making repayments over an agreed instalment period, which is usually 6,10 or 12 months. The client enters into a running account agreement with close premium finance, which allows them to renew the loan agreement year after year.

Miss karen xxxxxxx entered such an agreement on 23rd june 2006 when her appointed insurance broker, maynard milton insurance services, arranged for finance to pay for a private car insurance policy to the value of £333.75, The loan was set up to be paid over ten monthly instalments of £42.02 with the first payment due on 24th July 2006.

 

The claimant frequently defaulted on repayments during the course of the loan agreement, On each occasion that a payments was returned unpaid a default charge was levied. Evidence for this can be provided if required.

 

The law allows us to impose default charges which are a "resonalbe pre-estimate" of our costs for dealing with an account once it falls into arrears. This includes the adminstrative, staffing and systems cost of communicating about the state of the account, answering and additonal queries there may be and/or renegotiating the loan.

 

The law also allows us to charge interest on any amount owing to us.

 

The terms and conditions of our agreement set out our legal position in relation to default. Under those terms and conditions, clients have agreed to reimburse us for all resonable costs and expenses directly or indirectly incurred by us in connection with any failrue by them to pay any amount due in respect of the account.

 

In addition, under those terms and conditions we are entitled to charge defulat interest on any amount which remains unpaid on an account after a default.

 

Our defualt fee has been calculated in view of our legal position and the costs we are legally entitled to recover under the law of contract and under the terms of the agreement between us and our client.

 

we also point out that we have not charged default interest in this case, despite our entitlement to do so. We are therefore unable to refund these charges, as they have been properly and resonably levied.

 

 

Not sure what to make of all that. Read it 3 times now.. Should i be worried.

 

Regarding the allocations questionaire ive nearly completed it but on the "other information" secion should i include anything on there or do i send any documents with this form back to the court?

 

Any help would be greatly appreciated.

 

Stadium it was actually over the phone that i was promised a breakdown i still have the guys name and then i wroted when it didnt arrive. It still didnt arrive.

Im in essex.

 

(sorry its long dont blame me blame close pf)

 

karen

[karen654321]

bump

[karen654321]

bumpty bump

[xrchris]

Its not necessary to keep bumping this post up just because it went from the top post down to post no 3.

[karen654321]

Thanks for your comments xrchris. Contents noted. I actually couldnt sleep last night worried about a possible court appearance. That was the reason i bumped this post.

[xrchris]

Sorry if my original post was a little short. Unfortunately for some of us those that provide assistance do so voluntarily and cannot be here 24/7.

I understand that going to court etc can be a stressful/worrying experience but there are many on here who are in the same position and its not fair to them/their case to needlessly 'Bump' over them.

 

What I am trying to say is that it would have been far better if you had actually posted that you really needed some urgent help/advice or reassurance rather than just a meaningless 'Bump'.

 

That being said I hope that the experience today isnt too stressful for you and you are successful in your claim. Good Luck.

[stadium_arcadium]

Hi Karen, I'm sorry I can't help much with this.... they keep referring to them as default charges, not admin charges, which is a help, I would think....reasonable pre-estimate eh? Thats a laugh! What did you put in your POC, did you ask then to disclose their costs? It's a shame you have no proof of what was said on the phone:(

I did have a good look to see if I could find a similar case in the threads, but couldn't. It may well be that they are just doing what the banks do...try and put up a fight but give in at the final hurdle. I'm not sure about the other information bit, nothing is required for bank claims, so I would say leave it blank (unless someone else knows different?)

 

Try not to stress too much, this all just seems pretty straight forward. Thank you for the click, much appreciated:)

I asked where you were cos I was thinking about a court buddy, but you are a bit far away from me..it hopefully won't come to that eh...if it does I'm sure there will be someone here that can go along with you for support. keep up the great work!

[karen654321]

Thanks for that stadium.

 

People probably read this and think silly woman its only a court case. But ive never actually been into a court and when the court papers come yesterday i was very stressed..

 

I spent ages yesterday looking through posts about allocation questonairre and couldnt find much about the other info so am going to leave it blank i think.

 

I will keep you updated. I presume the next think i will recieve is a court date. omg

 

karen

[stadium_arcadium]

After another search on the site I did find a couple of threads relating to Close and their extortionate charges....where members want to reclaim..either no one has gone as far as claiming them back or they've just not posted the outcome. I don't know what happened here but someone managed to get money back from Close (but they don't say what for) http://www.consumeractiongroup.co.uk/forum/vehicle-retailers-manufacturers/37213-missy-close-motor-finance.html

[karen654321]

Thanks for that stadium will go and have a read now..

[stadium_arcadium]

Thanks for that stadium.

 

People probably read this and think silly woman its only a court case. But ive never actually been into a court and when the court papers come yesterday i was very stressed..

 

I spent ages yesterday looking through posts about allocation questonairre and couldnt find much about the other info so am going to leave it blank i think.

 

I will keep you updated. I presume the next think i will recieve is a court date. omg

 

karen

The court isn't as daunting as you might think, but I totally understand why you feel the way you do, anyone would who's never stepped foot in one would be the same. You are not being silly, what you are doing isn't to be taken lightly, court is court, whether you are the claimant or not you should be prepared and know what you are doing. You are doing a fab job so far, be proud of yourself!

[stadium_arcadium]

Thanks for that stadium will go and have a read now..

There wasn't much to read really LOL....if you do a search for close premium, or close motor insurance (or any variation) you will come up with a few threads that will show you aren't the only one doing this....but so far I've not been able to find a thread that has gone as far as you have:???:

[xrchris]

People probably read this and think silly woman its only a court case. But ive never actually been into a court and when the court papers come yesterday i was very stressed.

 

 

I certainly dont think so - usually just a fear of the unknown and not knowing exactly what to expect. You will probably walk out of there, if it actually goes to court(remember many settle beforehand) wondering what all the fuss was about.

[stadium_arcadium]

Hi Karen, do you have a copy of their T&C's?

[karen654321]

Hiya, No i dont do i need them?

 

Also i still cant find much to do with allocation questionaire if anyone can confirm i dont sent anything with it in the post just the form and that i leave the other information part blank.

 

thanks in advance

 

karen

[shudder]

Heres T&C page for download if needed, sorry writing is so small but only copy available.

 

Send big files the easy way with sendspace. Files too large for email attachments? No problem!

[stadium_arcadium]

Hi Karen, sorry for not getting back to you sooner..... regarding 'other information'part, you should refer to any documents you think might help the judge manage the claim, and make reference to any documents you will be using (tho you don't need to include them with the form) I think also a request for the judge to order a form of basic disclosure. You have already asked them for a breakdown of their charges and they have not supplied. (did you ever request this in writing? if not maybe you should, and refer to the telephone conversation regarding it, in your letter)

 

They state in their defence:

Our defualt fee has been calculated in view of our legal position and the costs we are legally entitled to recover under the law of contract and under the terms of the agreement between us and our client.

and so refer to the T&C's.....of which you do not have a copy? I think you should request a copy asap and state in the 'other info' section that you are awaiting a copy of the T&C's.

T&C's have become very important in bank claims now, and I think the same applies here, as it's basically the same sort of claim.

 

How long have you got before the AQ needs to be returned?

 

This is purely just my advice, I'm no expert in this:) I have taken some info from the bank library AQ information section and tried to fit it in with your claim. I hope it is of some help.

I am willing to help and support you all the way with this, however and whenever I can. These charges are extortionate and whatever happens with your case will definately go towards helping others (myself included, as I intend to do this early next year:D )

[stadium_arcadium]

Heres T&C page for download if needed, sorry writing is so small but only copy available.

 

Send big files the easy way with sendspace. Files too large for email attachments? No problem!

 

Thank you, thank you shudder!! that is extremely handy!!!

 

There you go Karen, you won't need to ask them for T&C's.....wonder if they even have a copy? LOL.

 

I am going to go away and have a good read of them later:)

[shudder]

There isn't anything refering to specific figures only their right to make a charge.

 

From the brokers side I do tend to find Close Brothers one of the better premium finance providers although I do think their charges are excessive. We have even gone to the point of disclosing their charges in bold writing and in a bigger typeface on all our premium advices so the charge is more transparrent to the customers.

[karen654321]

Thanks so much again for all your help. Can i just write in the other info box that i have requested a copy of the t & c and that i have requested a breakdown of the charges twice and never receieved them?

 

Also you said about the basic disclosure. Do i just write that i want the judge to order this or is there any particular way of doing this.

 

I just havent got a clue have i lol

 

thanks

 

karen

[stadium_arcadium]

I think something along the lines of:

I respectfully ask the Judge to order a form of basic disclosure, as despite repeated requests, I have been refused a breakdown of the defendants costs regarding their penalty charges.

I have also requested a copy of the terms and conditions of the account, of which I have yet to recieve.

 

Still request a copy of T&C's from them, even though we have a copy from shudder they aren't very easy to read and you would need a clear copy on paper to take into court with you (if it gets that far)

 

I had a read of them last night, and I don't like them very much. I haven't got time right now to highlight the points that concern me, but will get back later today. If you get chance Karen, have a good read of those T&C's. There is no mention of any specific charges or costs, so I don't see how they can use it in their defence! ....a good thing I think:)

 

Thanks for the info shudder.

[karen654321]

Thanks for all the info again.. Great help. Questionaire now in the post. So will the next thing i get be a date?

 

thanks

 

karen