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Hi Everyone,
I successfully defended a possession order for car finance and the judge granted me permission to submit a counter claim to rescind the agreement due to unfair contract terms. He encouraged me to include refund of all payments, interest, mental health damage etc. I am drafting the particulars of claim which I think I am pretty close to finalising. I do have a few questions about the document:
1. I have started by saying it is an agreement under the CCA
2. I've provided background stating the laws I'm relying upon
3. I've set out the claim amounts being the refund of payments plus 8% simple interest, payment because they took a car in deposit and repossessed a car unlawfully (now the possession order has been set aside)
4. Mental health payment under Equalities Act 2010 using vento scale.
Is there anything else I should include? Would anyone be willing to review it for me?
Thanks so much
I successfully defended a possession order for car finance and the judge granted me permission to submit a counter claim to rescind the agreement due to unfair contract terms. He encouraged me to include refund of all payments, interest, mental health damage etc. I am drafting the particulars of claim which I think I am pretty close to finalising. I do have a few questions about the document:
1. I have started by saying it is an agreement under the CCA
2. I've provided background stating the laws I'm relying upon
3. I've set out the claim amounts being the refund of payments plus 8% simple interest, payment because they took a car in deposit and repossessed a car unlawfully (now the possession order has been set aside)
4. Mental health payment under Equalities Act 2010 using vento scale.
Is there anything else I should include? Would anyone be willing to review it for me?
Thanks so much
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