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Urgent Help Court papers served to old address and thats not all....

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  • Urgent Help Court papers served to old address and thats not all....

    Hi

    Need help - received court papers kindly sent to old address by solicitor acting for OC.

    Except bit confused.

    OC was bought out by another bank. Letter sent.

    DN - served - 21st Nov '09

    TN - Sent - Jan

    May '10 - received letter from DCA informing me they had purchased debt and OC transferred all rights and interest in agreement incl. outstanding balance.

    Present day - court papers received from OC.

    Is this correct. Or should the DCA be taking me to court. I am well confused.

    POC state - DN sent first class 15 Dec '09 ??????

    And term letter 6/1/10

    Ok so, correct me again, if Default Notice sent was sent our 15th December as they state in POC 1st class, then by my calculations 14 days takes me to 7th Jan taking into account bank hols and that is taking them at their word a DN was actually sent out and sent out 1st class.

    Can anyone assist ???

  • #2
    Re: Urgent Help Court papers served to old address and thats not all....

    Originally posted by fallenangel View Post



    Ok so, correct me again, if Default Notice sent was sent our 15th December as they state in POC 1st class, then by my calculations 14 days takes me to 7th Jan taking into account bank hols and that is taking them at their word a DN was actually sent out and sent out 1st class.

    Can anyone assist ???

    Hi fallenangel,

    When calculating the 14 days from service, you cannot include bank holidays or weekends.

    So, assume sent 1st class on the 15th, deemed served on the 17th, plus 14 days to rectify, takes you to the 31st.

    The onus is on the creditor to prove service, but there have been some very disconcerting results in the courts of late so just tread carefully.

    Hope this helps.

    F x

    Comment


    • #3
      Re: Urgent Help Court papers served to old address and thats not all....

      Originally posted by fluffystuff View Post
      Hi fallenangel,

      When calculating the 14 days from service, you cannot include bank holidays or weekends.

      So, assume sent 1st class on the 15th, deemed served on the 17th, plus 14 days to rectify, takes you to the 31st.

      The onus is on the creditor to prove service, but there have been some very disconcerting results in the courts of late so just tread carefully.

      Hope this helps.

      F x
      Hi

      Thanks, yes i understand that, much appreciated but what i don't understand is whether they have the legal right to be pursuing me or not ??

      Any suggestions??

      Comment


      • #4
        Re: Urgent Help Court papers served to old address and thats not all....

        Which DCA and OC are we talking about ? And do the account numbers on the claim scan with the accounts ? (ie there arent two different accounts with the same OC)

        If the DCA had indeed purchased the debt and it was assigned correctly then yes they should be the ones taking you to court, if we know who people might know how these particular companies work.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Urgent Help Court papers served to old address and thats not all....

          Originally posted by Amethyst View Post
          Which DCA and OC are we talking about ? And do the account numbers on the claim scan with the accounts ? (ie there arent two different accounts with the same OC)

          If the DCA had indeed purchased the debt and it was assigned correctly then yes they should be the ones taking you to court, if we know who people might know how these particular companies work.
          Thanks

          Think I am confusing everyone.

          Here is the situation

          I take out car loan with Mrs Bank

          Then Mrs Bank meets Mr Bank and they get married.

          Mrs Bank then takes Mr Banks name and now Mr bank writes to me to tell me they own my debt and I now pay them.

          So, now i am with Mr Bank - ok no problem, but I miss 3 payments.

          So Mr Bank get Mr nasty chaser to write to me. I ignore.

          I pay Mr Bank as usual but Mr Bank send me default notice


          But then Mr Bank again get Mr Nasty Chaser mark II to write to me and they arrange a home visit.

          Mr Bank send me termination notice.

          I still pay Mr bank

          3 months later Mr Nasty Chaser mark II sends me a letter informing me they have purchased the debt from Mr bank and they own the legals rights etc etc.

          So I try to pay Mr bank but now can't!!!

          Now Mr Bank serves me court papers.

          So now ................help!!! Please
          ------------------------------- merged -------------------------------
          If your still cofused please asl me specific question.

          I have default notice.

          I have termination notice

          I have letter after termination telling me they have changed my account number

          i pay by debit card.

          Letter received from debt collector informing me they purchaased the debt including legal rights etc.


          2 months later bank taking me to court for repo of car

          I believe the HP agreement is unenfoceable although the copy I have is VERY hard to read.

          My questions still remains who has the rights to take me to court ??? The Bank or the debt collector who purchased the agreement.
          Last edited by fallenangel; 2nd September 2010, 11:12:AM. Reason: Automerged Doublepost

          Comment


          • #6
            Re: Urgent Help Court papers served to old address and thats not all....

            lol thanks for that.

            Yep get that, for arguments sake, just so I understand it really, this is the situation;

            You have a debt with GE Money (finance on a car). Santander took over GE money, so GE money debts are owned by Santander. You dont pay Santander so its defaulted, the terminated and sold to a DCA, then Santander take you to court.


            Yes, the DCA should be taking you to court as they own the debt, unless Santander have bought it back or there was some issue with assignment.

            Can you scan the default, termination and assignment docs and post up ? and a scan of the N1 form from the court would help. If the orginal agreement is illegible to you it will be worse scanned, but would be useful to have that too.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Urgent Help Court papers served to old address and thats not all....

              Found your docs elsewhere ( court papers received from original creditor but debt legal rights assigned - adivce and help please! )- you need to edit them (use paint or something to delete address company names etc as your ink is a bit see through and you left phone numbers/car reg etc on) but I'm quite chuffed I guessed the creditors right lol. Assuming they are your docs, thats a nice comprehensive POC, but doesnt anywhere mention assignment of the debt to close finance. Also, as you say they have the DN date incorrect.

              Ref the NOA. it may be that it is faulty as it stands and Santander do still legally own the debt. Have you checked with Santander at all since getting the NOA from Close ?

              You'll certainly want to bring up the close finance letter in the defence. Sounds like something has gone wonky at Santander on your case a CPR request (as you have sent) should sort out the original docs and correct the dates in their claim (which loooks like an amended standard template they use so it may be they didnt amend properly)

              Its a moneyclaim but if they get repo of the car the money claim bit will be reduced accordingly.

              It is much easier to talk about the actual companies involved than mr bank and mrs bank tho else we'll just be getting in a pickle.

              If you prefer though we can stick with the Mr & Mrs and I'll take off bits re Santander (as it was just a guess in my last post)
              Last edited by Amethyst; 2nd September 2010, 14:16:PM. Reason: burgered something up, sorry, cheers itwasn'tme xx
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: Urgent Help Court papers served to old address and thats not all....

                Their figures in the claim seem a little wonky too.

                Car price £18890

                Less deposit paid £3424

                plus interest £4624

                only gives £20190 tho if you add the deposit back on again gives the £23614 ???

                They have said ''the hire purchase balance of 23614 was payable by 59 consecuitive monthly payments of £334.72 plus final payment of 632.72''
                which comes to £20381 ???

                On the agreement it looks more like the final payment figure is £285.80 ? (giving £20033 overall)

                They have put similar of page 2.

                The cash price of the vehicle according to all that is £22314 ? ( I cant make that figure out at all on the agreement)

                How much was the car ?
                Last edited by Amethyst; 2nd September 2010, 13:28:PM.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: Urgent Help Court papers served to old address and thats not all....

                  Originally posted by Amethyst View Post
                  Found your docs elsewhere ( court papers received from original creditor but debt legal rights assigned - adivce and help please! )- you need to edit them (use paint or something to delete address company names etc as your ink is a bit see through and you left phone numbers/car reg etc on) but I'm quite chuffed I guessed the creditors right lol. Assuming they are your docs, thats a nice comprehensive POC, but doesnt anywhere mention assignment of the debt to close finance. Also, as you say they have the DN date incorrect.

                  Ref the NOA. it may be that it is faulty as it stands and Santander do still legally own the debt. Have you checked with Santander at all since getting the NOA from Close ?

                  You'll certainly want to bring up the close finance letter in the defence. Sounds like something has gone wonky at Santander on your case a CPR request (as you have sent) should sort out the original docs and correct the dates in their claim (which loooks like an amended standard template they use so it may be they didnt amend properly)

                  Its a moneyclaim but if they get repo of the car the money claim bit will be reduced accordingly.

                  It is much easier to talk about the actual companies involved than mr bank and mrs bank tho else we'll just be getting in a pickle.

                  If you prefer though we can stick with the Mr & Mrs and I'll take off bits re Santander (as it was just a guess in my last post)

                  Amethyst - thanks I love you! Not literally.

                  I appreciate your help as been going out of my mind. I dont mind discussing as Santander as was just trying to make it crystal clear and felt all I was doing was managing to confuse people.

                  Yes sent CPR yesterday, just waitinig to hear

                  Original agreement is completely unreadable as you have seen.

                  In what way do you think the Assigmnet from Close would be not right.

                  Really appreciate your help thanks as really worried


                  Just so you know, I also tried to pay Santander three times, over phone, and in branch but they could not find my account and refused payment.

                  Back in June I sent Close section 77 request but heard nothing.

                  Sent a SAR request to Sandander but only received back the agreement - hard to read and statement. Nothing else.

                  Just I sent another letter asking for more info?????

                  Thanks
                  ------------------------------- merged -------------------------------
                  And thanks I will try harder to obliterate details!
                  Last edited by fallenangel; 2nd September 2010, 17:01:PM. Reason: Automerged Doublepost

                  Comment


                  • #10
                    Re: Urgent Help Court papers served to old address and thats not all....

                    lol thanks x

                    Yip, can you clear up the actual price agreed to pay for the car - was it £18990 or £23214 ?
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: Urgent Help Court papers served to old address and thats not all....

                      Originally posted by Amethyst View Post
                      lol thanks x

                      Yip, can you clear up the actual price agreed to pay for the car - was it £18990 or £23214 ?

                      Yes sorry just trying to deciphre

                      Total cash price of car is £18990

                      Comment


                      • #12
                        Re: Urgent Help Court papers served to old address and thats not all....

                        Is that what the actual ticket price of the car was ? ie thats what you agreed to pay (whether through finance or anything else) THEN paid the deposit to come off of that (which means the credit should have been around £15566) OR was the price you agreed to pay £23614 which you then paid a deposit on which makes the credit needed £18990.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Urgent Help Court papers served to old address and thats not all....

                          Docs for info. (save trapsing back over to find them)


                          ASSIGNMENT
                          http://i948.photobucket.com/albums/a...ofassignp1.jpg

                          http://i948.photobucket.com/albums/a...rofasignp2.jpg

                          ORIGINAL AGREEMENT

                          http://i948.photobucket.com/albums/a...ementPage1.jpg
                          http://i948.photobucket.com/albums/a...ementPage2.jpg


                          Particulars of claim
                          http://i948.photobucket.com/albums/a...h/POCPage1.jpg
                          http://i948.photobucket.com/albums/a...h/POCPage2.jpg
                          http://i948.photobucket.com/albums/a...CFinalPage.jpg

                          N1 Claim
                          http://i948.photobucket.com/albums/a...aimformjpg.jpg
                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #14
                            Re: Urgent Help Court papers served to old address and thats not all....

                            Originally posted by Amethyst View Post
                            Their figures in the claim seem a little wonky too.

                            Car price £18890

                            Car price £18990

                            Less deposit paid £3424

                            Less deposit £3242


                            plus interest £4624

                            HP charges £4325.20 - maybe hard to read
                            + option fee of £289 = £4624.20


                            only gives £20190 tho if you add the deposit back on again gives the £23614 ???

                            They have said ''the hire purchase balance of 23614 was payable by 59 consecuitive monthly payments of £334.72 plus final payment of 632.72''
                            which comes to £20381 ???

                            Yes correct 59 payments of £334.72 + final payment of £334.72 + 289 (option fee) = £623.72
                            On the agreement it looks more like the final payment figure is £285.80 ? (giving £20033 overall)

                            They have put similar of page 2.

                            The cash price of the vehicle according to all that is £22314 ? ( I cant make that figure out at all on the agreement)

                            How much was the car ?

                            Ok, so now I am lookiing more closely at figs

                            Cash price £18990.00

                            Less Deposit £3242.00

                            = total loan £15748.00

                            Therefore - 59 payments x £334.72 = £19748.48
                            Plus, final payment of £623.72

                            Equals total payments of £20372.20

                            plus deposit - £3242.00

                            Equals total amount payable of £23,614.20 - including deposit.

                            Which i believe is correct.

                            I think figs all ok
                            ------------------------------- merged -------------------------------
                            Originally posted by Amethyst View Post
                            Is that what the actual ticket price of the car was ? ie thats what you agreed to pay (whether through finance or anything else) THEN paid the deposit to come off of that (which means the credit should have been around £15566) OR was the price you agreed to pay £23614 which you then paid a deposit on which makes the credit needed £18990.

                            Yes ticket price of car was £18990

                            then I paid deposit which was previous car traded in.

                            so amount of credit was £15748 - which was the amount I borrowed.
                            ------------------------------- merged -------------------------------
                            Originally posted by Amethyst View Post

                            Ref the NOA. it may be that it is faulty as it stands and Santander do still legally own the debt. Have you checked with Santander at all since getting the NOA from Close ?
                            No never checked with Santander, just sent them SAR request but only got hard to read agreement and list of payments I made.

                            Although, I have tried to pay but been unable as they could locate my account.
                            Last edited by fallenangel; 2nd September 2010, 18:26:PM. Reason: Automerged Doublepost

                            Comment


                            • #15
                              Re: Urgent Help Court papers served to old address and thats not all....

                              Excellent Thanks (did I mention I was crap at maths? lol) that agreement really is hard to read xx

                              Am happy with those figures now.
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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