close premium finance help needed

[stadium_arcadium]

Hi Karen, yes, the next step will be a court date...and you should get a copy of their AQ. what date did the AQ have to be in by? Wonder if Close are anything like the banks and will leave theirs til the last minute?

Guess it's just a case of waiting now, though in the meantime request both a breakdown and a copy of the T&C's from Close...keep em busy;)

[karen654321]

I posted the questionaire of today. It had to be in by next week. Ive requested copy of terms and conditions again and also a breakdown of charges. Sent it recorded delivery also.

 

No doubt i wont hear anything again from them though.

 

will keep you posted.

 

thanks

 

karen

[stadium_arcadium]

Hi Karen, have you heard anything yet?

[karen654321]

Hiya, Not heard anything yet. I havent had a copy of there aq questionaire yet either.

 

will let you know as soon as i do.

 

thanks for keeping in contact

 

karen

[stadium_arcadium]

Hi Karen:)

 

Anything from Close or the court yet?? I know the courts are probably busy dealing with all the bank claim stays at the mo, but I would have thought you'd have heard something by now:?

[karen654321]

Hiya, I still have not had a copy of there aq questionaire. Today i received a general form of judgment or order.

 

It states.

 

Upon the courts own motion. The court has made this order of its own iniative without a hearing. If you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

It is ordered that

 

1. within 14 days of service of this order the defendant must file and serve

a a copy of the credit agreement and

b copies of all statements on the credit account from the date of the initial agreement up to 26 june 2007.

2 Upon filing the above, the matter to be referred to district judge dudley in boxwork for further directions.

 

dated 26 july 2007

 

 

I dont know why i havent had a copy of there aq questionaire and i dont know whether i should be phoning the court once this 14 days is up or do they keep check and make sure that the paper work is back in time?

 

Is this normal to get this general form of judgement or order?

 

thanks for help

 

karen

[stadium_arcadium]

Hi Karen, yes it's normal to have a form of judgement/order. The Judge is ordering Close to supply the information needed and requested by you. Close obviously haven't sent it. Once (if ever) he does have this, then he will be able to asses your claim and set a date for a hearing.

It's dated 26th July...2 days for postage...counting from the 28th the 14 days are already up. What's the date on the envelope? I'm just wondering if the delay is due to the courts or postal system.

My advice would be to ring the court, explain you have only just recieved the order, and ask them if they have received the docs requested, and whether Close have responded. Also ask if they have a copy of Close's AQ, if so could they send one to you.

YOu obviously don't object to the order:) so there's nothing you need to do except ring the court.

 

You are doing great Karen, keep up the good work!

[karen654321]

will give them a call now. thanks

[karen654321]

Hiya, Just spoke to a really helpful lady at the court. They have had both aq back so will send me a copy of cpf aq.

 

Although my letter (general form of judgment or order) is dated the 26/7/07 it wasnt sent out till the 6/8 so cpf have got till 22/8/07 to provide the info.

 

Apparantly i havent got to phone back on the 22/8 to see if its been provided the check and refer it to the judge if its not been returned.

 

Its getting a bit scary now knowing i will be going to court.

 

will keep you posted

 

karen

[stadium_arcadium]

Hya, there's still a big possibility you won't see the courtroom;) Close may well pay up once you get a date. try not to worry XX

In the meantime it will be a case of wait and see (well, til the 22nd at least) If they don't provide the info their defence may well be struck out!

[karen654321]

Hiya thanks for that. Do you think its worth phoning the court on the 22/23rd or would it normaly be looked at automatically. Im just wondering as it took so long for them to post out the general form of judgement whether its worth chasing it up next week?

 

karen

[stadium_arcadium]

Yes, it would normally be looked at automatically, will probably take a bit longer than normal due to the courts being so busy. It wouldn't hurt for you to chase them up towards the end of the week;)

It will be interesting to see what they put on their AQ.

[karen654321]

Hiya just an update. I still havent receieved the copy of there aq questionairre so i rang the court today who are going to forward another copy.

And cpf had sent all the documents in that was requested on the general form of order or judgement.

Im not sure if i get a copy of these.

The lady at the court said the next thing i should get is a date.

 

Will keep you posted

 

karen

[stadium_arcadium]

Hi Karen, thanks for the update, and your PM, I had a very nice break thanks:)

 

Sometime after you get a court date you will be asked to submit copies of everything you will rely on for your case, and cpf will have to do the same. It will be then that you will see their information. I guess it's just a case of waiting now. Do you have anyone who will go with you to court, if it gets that far?

Try not to worry, I'm here if you need some support.

[karen654321]

Hiya thanks for that. Not had anything in the post yet. Been reading up on people that have been to court and it dont seem as bad as i first thought. Although i still feel a bit out of my depth with this.

 

will let you know as soon as i get a date.

 

thanks

 

karen

[stadium_arcadium]

Hi Karen, have you had a copy of their AQ yet? If so, what info did cpf put in it?

If it's at all possible, you might find a trip to the court, before your hearing, will help. Just for you to get a feel for the place, have a look around etc. I did that last year and found it helped alot, it didn't seem so daunting. And again, I would advise you take a friend for moral support, if you do have to attend. It's good that you have been reading up, the more info you gain the better you will feel about it all:-D

[karen654321]

Hiya, I have copied the other information section from cpf aq questionaiire

 

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

 

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

 

The law allows us to impose default charges which are a resonable pre estimate of our costs for dealing with an account once it falls into arrears. This includes the administrative, staffing and systems cost of communicating about the atate of the account, answering any additional queries there may be and/or renegoitating 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 failure by them to pay any amount due in respect of the account

 

Our default 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 are unable to refund these charges, as they have been properly and resonably levied.

 

 

Hmmm what do you think of that lot

 

karen

[iconoclash]

Hiya - been reading through with interest - I'd have thought that their blurb about 'our reasonable costs' is typical and similar to all the other institutions that are charging them. It still has to be shown as representative of their true costs etc...

quick update on my own probs with Close, I'm dealing with the actual insurers of the car, and since they wrote me a nice letter specifically informing that they would cancell my cover - I'm sure the judge will see it my way! (This is where they took money from my account for cover some six months later). Close were taking premiums from me initially but cancelled the arrangement as I refused to use a DDM and paid by cheque. I think the truth will out, as they say, and that Close or some other paid a year up and then charged me heaps of other stuff for the benefit of paying by mthly instalments, then when it all fell apart they recovered their money, illegally, from me. Outrageous and not in keeping with rules, most insurers after all, are not allowed to hold clients money.!

[karen654321]

Hiya campari, sorry to hear of your trouble with cpf. My claim is also with car insurance.

Are you claiming back from them? If so what stage are you at?

 

thanks

 

karen

[stadium_arcadium]

Hiya, I have copied the other information section from cpf aq questionaiire

 

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

 

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

 

The law allows us to impose default charges which are a resonable pre estimate of our costs for dealing with an account once it falls into arrears. This includes the administrative, staffing and systems cost of communicating about the atate of the account, answering any additional queries there may be and/or renegoitating 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 failure by them to pay any amount due in respect of the account

 

Our default 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 are unable to refund these charges, as they have been properly and resonably levied.

 

 

Hmmm what do you think of that lot

 

karen

I think it says near enough the same as their defence, nothing new in there, IMHO:rolleyes:

 

I'd have thought that their blurb about 'our reasonable costs' is typical and similar to all the other institutions that are charging them. It still has to be shown as representative of their true costs etc...

My thoughts exactly! I hope that cpf will have to disclose this info when the time comes.

 

Sit tight Karen, and wait for a date. If you need me for anything in the meantime, just shout:)

[hisholinessthepope]

I got exactly the same in a defence from Close today in reply to my county court claim.

 

I have previously written three times asking for a demonstration to these "reasonable pre-estimation of our costs" but got back the usual template reply with no demonstration. I am tempted to write to the court and request the defence be struck out any thoughts? My court has dispensed with AQ's and given me a date in November. My claim is for one charge of £30 so quite happy to wait till then in neccessary.

[stadium_arcadium]

Hi HHTP, they are fighting you all the way to court for £30??? Unbelievable!! If their costs for missing a DD are anything to go by, it has already cost them more than your one charge to file all this paperwork for court LOL.

On what grounds would you ask for a strike out? It might be worth a shot....did you ask for disclosure in your PoC?

[hisholinessthepope]

I did ask for it in my POC and also three letters before court action all requested a breakdown or build up to the their "reasonable pre-estimation of costs". All three letters were replied to by Close with no build-ups. So have asked court to strike out their defence as an abuse of process!

[stadium_arcadium]

Oh great, please let us know how you get on! Do you have a thread for this?

[hisholinessthepope]

No thread so far, apologies to Karen for the highjack.

 

Letter has gone to court, when I get a reply will start a thread and place a link in here, if no objections.