Court Claim - FCA Car Finance

[spagbog]

Can I just start by saying I was advised to come here by the person running Debt Camel. I believed I was going to get assistance elsewhere but that has failed to materialise. I digress...

Having read notes in the forum, I post this;


Received a claim? Yes

Issue Date: 02 May 2024

Have you Acknowledged the Claim?: Yes

Total Amount Claimed : £8000

Claimant's Name: CA Auto Finance (original agreement was with FCA Auto - they reinvented themselves as CA Auto)

Solicitors Firm: Stevensdrake
Original Creditor: FCA Automotive
Original Debt: Car Finance

Particulars of Claim:
By an agreement made between the claimant and the defendant, the Claimant loaned the defendant a sum of money. The agreement was Regulated.
The defendant failed to make payment of the sums due and the Agreement was terminated by the Claimant. On 7 Feb 2019 the balance due from the defendant was £xxx
The defendant as paid £0.00. THE CLAIMANT THEREFORE CLAIMS
1) £xxx 2)Contractual interest to the date hereof £0.00 3) Further Interest of £xx.x per anum (£0.00) per day until judgement or sooner payment. 4)Costs to be assessed.
CLAIMANT CLAIM £xxxx OUR REF xxx/xxxxxxxx DIRECT LINE 01293 xxxxxx

Is the debt Statute Barred? I believe it to be. Last payment (or acknowledgement): was Feb 2018. Default notice issued July 2018. 2nd Default Notice issued Jan 2019 (not sure why they issued 2)

List any letters you have sent (eg: CCA/ CPR ): Sent CCA request. Received reply. Sent CPR request...No response from that yet.

Any Other Information or Background Details:

Letter e/mail tennis played off and on since 2020. Have dealt with a number of different paralegals in that time, I made a formal complaint about irresponsible lending years ago and they have never answered that part of my complaint. Basically they gave me a loan of nearly £15k (over 5 years), with repayments (in total) of over £300 per month. I was working PT at that time, bringing home around £750 a month (which is all they took into consideration when agreeing the loan) - I had 3 younger children back then. I already had a car loan with them and they had invited me in to review as it had been 2 years. I got railroaded into agreeing a whole new agreement for a new (used) car. That car's original price for 'new' was around £7k, but the repayments totalled over double that. I somehow managed to make the payments for just over 2 years before I simply could not afford them any more.

They only ever partly answered my request for all documents (part of my 2021 complaint), even back then. Interestingly, when they sent me copies of the original agreement, they sent the incorrect Terms and Conditions, whilst claiming they were correct, they did this 3 times. This was part of the reason why I did not acknowledge the 'debt'. However, after my recent CCA request to the Claimant, they (themselves) sent the correct Ts and Cs. I've had 3 LBAs, with the last sent Nov 2023- to which I reminded them that they hadn't answered all of my complaint, nor had they supplied all the paperwork I requested. Fast forward to May 5th, and I receive court action in the post.

I appreciate I need to get defence in proper over the next few days but after being let down elsewhere, I'm a bit stuck. How 'legal' do I have to be with my defense? I am thinking of using SB'd and Irresponsible Lending- as well as anything else I need to say. I just need to get it sorted, worried also that hubby is going to have a breakdown over all this

[echat11]

Hi Spagbog

Welcome to LB

Try to stay calm.

I don't think the debt is statute barred, as the account wasn't Defaulted until July 2018.

It's important that you get your Defence in preferably today. Do all the things below, if they haven't been done since you received the Court Claim.

a) Send a SAR request to FCA Automotive they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) Send a CPR 31.14 request to Stevensdrake, they have 7 days to respond, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

c) Send a CCA request to CA Auto Finance , they have 12 days to respond, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) This is an example Defence, have a go, copy and paste back to this thread without personal details.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc.

Also remember a Court will only ever ask you to pay what you can afford, so if you are left with £1 a month, so be it.
This is a non priority debt.

[echat11]

In your Defence you are just addressing their Particulars of Claim, Responding to the 2 lines. Everything else will go in your Witness Statement which is way off.

By an agreement made between the claimant and the defendant, the Claimant loaned the defendant a sum of money. The agreement was Regulated. The defendant failed to make payment of the sums due and the Agreement was terminated by the Claimant. On 7 Feb 2019 the balance due from the defendant was £xxx The defendant as paid £0.00. THE CLAIMANT THEREFORE CLAIMS 1) £xxx 2)Contractual interest to the date hereof £0.00 3) Further Interest of £xx.x per anum (£0.00) per day until judgement or sooner payment. 4)Costs to be assessed.

[spagbog]

Hi Spagbog

Welcome to LB

Try to stay calm.

I don't think the debt is statute barred, as the account wasn't Defaulted until July 2018.

It's important that you get your Defence in preferably today. Do all the things below, if they haven't been done since you received the Court Claim.

a) Send a SAR request to FCA Automotive they have 30 days to provide all the data they hold on the account. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

b) Send a CPR 31.14 request to Stevensdrake, they have 7 days to respond, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

c) Send a CCA request to CA Auto Finance , they have 12 days to respond, make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

d) This is an example Defence, have a go, copy and paste back to this thread without personal details.

https://legalbeagles.info/library/gu...-court-claims/

Don't speak to creditors, solicitors etc over the phone, everything in writing. Keep on top of this, especially dates for filing defence etc.

Also remember a Court will only ever ask you to pay what you can afford, so if you are left with £1 a month, so be it.
This is a non priority debt.

Hi..thank you so much for all this. Is it too late to send SAR request? Bearing in mind that FCA Automotive no longer exist as a company....I sent CCA (received reply) and CPR31.14 - They have not responded to the CPR31.14, it's been 21 days since I sent it.

[echat11]

The CPR31.14 should be sent to Stevensdrake, not FCA Automotive.

Send a SAR to CA Auto Finance.

Get them posted, see what they send back.

Go to (d) give your Defence a go, copy and paste back to this thread without personal details, I'll take a look.

Then if it's o.k., you can send the Defence to the Court via MCOL.

What they have sent and haven't sent will be reflected in your Defence.

Also what they have sent, needs to be compliant, so look for anomalies.

[spagbog]

Just one other thing. FCA Automotive Services UK Ltd are now CA Auto Finance UK Ltd, and the latter are the name on the Court Claim. I have never received a NOA re this. Does that have any bearing in this?

CPR did go to Stevensdrake

Also....Point 4 states 4.It is [admitted/denied – Only deny opening the account if you genuinely believe you did not open the account, otherwise admit.] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit.

I didn't enter into an agreement with the Claimant...not sure what to say here

[echat11]

Just one other thing. FCA Automotive Services UK Ltd are now CA Auto Finance UK Ltd, and the latter are the name on the Court Claim. I have never received a NOA re this. Does that have any bearing in this?

CPR did go to Stevensdrake

It all depends on how they became owners of the debt, is it simply a change of name? etc. It's not straightforward, but it needs to be looked into. Their PoC was lacking basic detail.

I've had a brief look, it looks like a name change. Both companies are 'active' on companies house 'I'm not sure why', but there might be a valid reason.

[spagbog]

OK, Almost done. Just confused with what I actually type for this...

Statement of Truth

[I believe][the (claimant or as may be) believes] that the facts stated in this [name document being verified] are true. I understand] [The (claimant or as may be) understands that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

And I do not mention anything about Irresponsible Lending at this point?

[echat11]

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

No Irresponsible Lending can go in your Witness Statement (You applied, it should have been a 'no' because of affordability etc.

Witness Statement is a long way off, but start working on it now, chronological order, numbered, short paragraphs. (As you learn more and get more info you can add to it.

Some examples: -

https://legalbeagles.info/forums/for...ness-statement

There is the opportunity of mediation, but that also is a long way off.

[spagbog]

Thank you so much for all this - so just before I post my defence here...In respect of the CCA request. They have sent copy of agreement and Ts and Cs but they did not send a current statement of account- does that mean they have not fully complied or do I not worry about stating that in my defence as they have sent enough?

[echat11]

Thank you so much for all this - so just before I post my defence here...In respect of the CCA request. They have sent copy of agreement and Ts and Cs but they did not send a current statement of account- does that mean they have not fully complied or do I not worry about stating that in my defence as they have sent enough?

They would normally send that as part of their CPR 31.14 response.
But your Defence will state that they haven't responded to your CPR 31.14 request.

[spagbog]

In a Northampton Civil National Business Centre.
Claim number
CA Auto Finance UK LTD
Claimant.
and
Defendant

DEFENCE
1, The defendant received the claim (*******) from the Northampton Civil National Business Centre on the 4^th May 2024.

2, Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.

3, The claim is for a loan agreement regulated under the Consumer Credit Act 1974.

4, It is admitted that the defendant entered into an agreement with FCA Automotive Services UK LTD for provision of credit.

5, The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.

6, The claimants Particulars of Claim states the agreement was entered into on the 26^th November 2015.

7, The defendant contends the alleged debt is statute barred by virtue of section 5 of the Limitations Act 1980 in that no payment or acknowledgement has been made for over 6 years.

8, The Claimant's statement of case does not state that the account was assigned from FCA Auto Services to CA Auto Finance UK LTD. The defendant does not recall receiving any notice of this assignment.

9, The Claimant is required to prove that the Default relied upon complied with the requirements of S88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

10, On the 13^th May 2024 the defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Stevensdrake. The defendant requested the Claimant provide copies of the Default Notice, the Notice of Assignment, The Statement of Account and Termination Notice.

11, Stevensdrake has not sent any of these documents to the Defendant.

12, The Defendant respectfully requests the Court orders the Claimants to provide the necessary documentation in order for the Defendant to fully plead her case else the Claim should stand struck out.

13, in the event that the relevant documents are received from the Claimant, the Defendant will then be in the position to amend her defence and would ask that the Claimants bear the cost of the amendment.

14, It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth
I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[echat11]

In a Northampton Civil National Business Centre.
Claim number
CA Auto Finance UK LTD
Claimant.
and
Defendant

DEFENSE
1, The defendant received the claim (*******) from the Northampton Civil National Business Centre on the 2^th May 2024.

2, Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.

3, The claim is for a loan agreement regulated under the Consumer Credit Act 1974.

4, It is admitted that the defendant entered into an agreement with FCA Automotive Services UK LTD for provision of credit.

5, The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.

6, The claimants Particulars of Claim states the agreement was entered into on the 26^th November 2015. (is that date given in the Particulars of Claim?)

7, The defendant contends the alleged debt is statute barred by virtue of section 5 of the Limitations Act 1980 in that no payment or acknowledgement has been made for over 6 years. (so you are leaving that in).

8, The Claimant's statement of case does not state that the account was assigned from FCA Auto Services to CA Auto Finance UK LTD. The defendant does not recall receiving any notice of this assignment. (it might just be a name change)

9, The Claimant is required to prove that the Default relied upon complied with the requirements of S88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.
(did you receive a default notice at the time?, if not you really need to include the complete wording)

10, On the 13^th May 2024 the defendant sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Stevensdrake. The defendant requested the Claimant provide copies of the Default Notice, the Notice of Assignment, The Statement of Account and Termination Notice. (did you ask for the CCA as well?)

11, Stevensdrake has not sent any of these documents to the Defendant.

12.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. (include this)

13, The Defendant respectfully requests the Court orders the Claimants to provide the necessary documentation in order for the Defendant to fully plead her case else the Claim should stand struck out.

14, in the event that the relevant documents are received from the Claimant, the Defendant will then be in the position to amend her defence and would ask that the Claimants bear the cost of the amendment.

15, It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.


Go through the above, are you happy to leave the CCA bits out?

If you about tomorrow morning then I check your responses. You can lodge it with the Court tomorrow.

[spagbog]

6, The claimants Particulars of Claim states the agreement was entered into on the 26^th November 2015. (is that date given in the Particulars of Claim?) <<< Yes it is

7, The defendant contends the alleged debt is statute barred by virtue of section 5 of the Limitations Act 1980 in that no payment or acknowledgement has been made for over 6 years. (so you are leaving that in). <<< Yes, I'm hoping it's ok to do so.

8, The Claimant's statement of case does not state that the account was assigned from FCA Auto Services to CA Auto Finance UK LTD. The defendant does not recall receiving any notice of this assignment. (it might just be a name change) <<< I guess it might be but I'll leave that as is if that's ok

9, The Claimant is required to prove that the Default relied upon complied with the requirements of S88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983. (did you receive a default notice at the time?, if not you really need to include the complete wording) <<< I received a default in July 2018 but I believe they didn't legally give me enough time to pay. The Default Notice they are using is dated Jan 2018 but I don't ever remembering receiving that, so it could be 'manufactured'.

10, On the 13^th May 2024 the defendant sent a request for inspection of documents mentioned in the Claimant's statement of case under Civil Procedure Rule 31.14 to Stevensdrake. The defendant requested the Claimant provide copies of the Default Notice, the Notice of Assignment, The Statement of Account and Termination Notice. (did you ask for the CCA as well?) << I requested the CCA separately.

I'll add point 12

THANK YOU SO MUCH!!!

[echat11]

6, The claimants Particulars of Claim states the agreement was entered into on the 26^th November 2015. (is that date given in the Particulars of Claim?) <<< Yes it is - O.K. (next time, copy stuff verbatim)

7, The defendant contends the alleged debt is statute barred by virtue of section 5 of the Limitations Act 1980 in that no payment or acknowledgement has been made for over 6 years. (so you are leaving that in). <<< Yes, I'm hoping it's ok to do so. I don't think it is Statute Barred, because they didn't default the account until July 2018. But keep it in, if you wish.

8, The Claimant's statement of case does not state that the account was assigned from FCA Auto Services to CA Auto Finance UK LTD. The defendant does not recall receiving any notice of this assignment. (it might just be a name change) <<< I guess it might be but I'll leave that as is if that's ok - o.k.

9, The Claimant is required to prove that the Default relied upon complied with the requirements of S88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983. (did you receive a default notice at the time?, if not you really need to include the complete wording) <<< I received a default in July 2018 but I believe they didn't legally give me enough time to pay. The Default Notice they are using is dated Jan 2018 but I don't ever remembering receiving that, so it could be 'manufactured'. - Include the complete wording from the example defence.

10, On the 13^th May 2024 the defendant sent a request for inspection of documents mentioned in the Claimant's statement of case under Civil Procedure Rule 31.14 to Stevensdrake. The defendant requested the Claimant provide copies of the Default Notice, the Notice of Assignment, The Statement of Account and Termination Notice. (did you ask for the CCA as well?) << I requested the CCA separately. - You should have requested it in your CPR 31.14 request, because they state it in their CPR Particulars of Case..

I'll add point 12 - ok.