Court Claim - FCA Car Finance

[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 - 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.

Not all heroes wear capes....Thank you echat. Thank you, thank you, thank you.

[echat11]

Update when you get a response.

The Claimants have 28 days to respond to your Defence. You may also get further info with the requests you have made.

[spagbog]

Update when you get a response.

The Claimants have 28 days to respond to your Defence. You may also get further info with the requests you have made.

OK, So the solicitor has finally come back, way, way past the 28 days they had after receiving my request for all the docs (I sent it recorded in May) All they have sent is a few things that I requested and, as I said, not everything I asked for.

They end the letter with telling me I'll be asked shortly by the court to complete Directions Questionnaires.

What do I do now echat11 ?

[echat11]

OK, So the solicitor has finally come back, way, way past the 28 days they had after receiving my request for all the docs (I sent it recorded in May) All they have sent is a few things that I requested and, as I said, not everything I asked for.

They end the letter with telling me I'll be asked shortly by the court to complete Directions Questionnaires.

What do I do now echat11 ?

Wait for the Court to send you the Directions Questionnaire.

[spagbog]

Questionnaire has arrived. It seems simple enough to fill in but then I wonder if I tick if I agree it goes to mediation.

[echat11]

Questionnaire has arrived. It seems simple enough to fill in but then I wonder if I tick if I agree it goes to mediation.

Yes, you want Mediation, but that's providing you've received the requested documents.

Mediation is 'good' as it allows the parties to settle the matter without a Hearing.

If you haven't received all the documents state that 'you want Mediation, but the Claimant hasn't provided the requested documents'.

[spagbog]

Yes, you want Mediation, but that's providing you've received the requested documents.

Mediation is 'good' as it allows the parties to settle the matter without a Hearing.

If you haven't received all the documents state that 'you want Mediation, but the Claimant hasn't provided the requested documents'.

Sorry Echat, not been able to access for a few days.

Ok, so I'll fill in the hard copy and send back to court. I'm assuming all my defense etc will have to be supplied at a later date, on a different form? This being the part about irresponsible lending etc.

I am still waiting for 2 documents of which I asked for. They have said one of them will come from Creditor but they haven't mentioned the other one at all.

Just one other thing, if by going to mediation...could it be determined (whilst in mediation) that they might not want to go to court and it be decided to drop the case?

Thank you so so much for everything thus far.

[echat11]

Sorry Echat, not been able to access for a few days.

Ok, so I'll fill in the hard copy and send back to court. I'm assuming all my defense etc will have to be supplied at a later date, on a different form? This being the part about irresponsible lending etc.

I am still waiting for 2 documents of which I asked for. They have said one of them will come from Creditor but they haven't mentioned the other one at all.

Just one other thing, if by going to mediation...could it be determined (whilst in mediation) that they might not want to go to court and it be decided to drop the case?

Thank you so so much for everything thus far.

a) I'm assuming all my defense etc will have to be supplied at a later date, on a different form? This being the part about irresponsible lending etc.

You mean your Witness Statement, and evidence, yes that comes later.

b) I am still waiting for 2 documents of which I asked for. They have said one of them will come from Creditor but they haven't mentioned the other one at all.

O.K.

c) Just one other thing, if by going to mediation...could it be determined (whilst in mediation) that they might not want to go to court and it be decided to drop the case?

That's the whole point of Mediation, see if the case can be settled.

https://www.youtube.com/watch?v=tKesfMqSOfQ


Make sure you send a copy of your filled in Directions Questionnaire to the Court and the Claimants solicitor, make sure you get Proof of Postage.

[spagbog]

echat11 OK, so finally received copy of their N180 (they filed it late after a warning from the courts). Do I now wait for something from the courts?

Solicitor just sent me a threatening, intimidatory email stating they anticipate receiving instructions to apply for a summary judgement on the grounds I have no defense....(they have no idea what my defense is!!)...also they offered a 15% discount if I settle now, as long as I make 3 payments of roughly £2500 a month...again, how do they have any clue what I could afford, even if I did lose the case?

I'm still waiting for some paperwork not provided with my SAR request, which (by the way) took them 9 weeks to produce. Not withstanding the last payment made was Feb 2017.

I really felt their email reeked of them trying to 'bully' me and I'm considering reporting them for that. However, do I stay waiting for a date from the court or should I be doing something before that?

[echat11]

echat11 OK, so finally received copy of their N180 (they filed it late after a warning from the courts). Do I now wait for something from the courts?

Solicitor just sent me a threatening, intimidatory email stating they anticipate receiving instructions to apply for a summary judgement on the grounds I have no defense....(they have no idea what my defense is!!)...also they offered a 15% discount if I settle now, as long as I make 3 payments of roughly £2500 a month...again, how do they have any clue what I could afford, even if I did lose the case?

I'm still waiting for some paperwork not provided with my SAR request, which (by the way) took them 9 weeks to produce. Not withstanding the last payment made was Feb 2017.

I really felt their email reeked of them trying to 'bully' me and I'm considering reporting them for that. However, do I stay waiting for a date from the court or should I be doing something before that?

You need to concentrate on what you need to do, don't worry about their threats etc.

The next step maybe Mediation if both parties has agreed to it (a free service outside of the Court process).

[spagbog]

You need to concentrate on what you need to do, don't worry about their threats etc.

The next step maybe Mediation if both parties has agreed to it (a free service outside of the Court process).

Just received this in the post....

It is ordered that...

1. The case is struck out following non-payment of the hearing fee by the claimant

2. The hearing on the xxxxxxx 2025 has been vacated.

I'm going to assume that's it? Amongst other things, I pointed out (after they sent their bundle) in my own bundle that the Default Notice they were using was, in fact, void. Can I chalk this down to a victory for the good guys?

[atticus]

You can, unless and until the claimant applies to have the claim reinstated.

[echat11]

Great result, well done on it.

[spagbog]

You can, unless and until the claimant applies to have the claim reinstated.

Is there a time limit for them to do that? Also, how does that work with the statute barred clock?

What's the point of the courts striking it out if they can simply get it reinstated? I mean, after reading other posts on here, I left it as late as possible to send my defense, not allowing them any time to react to it- surely them getting it reinstated could be seen as giving them time to do just that.

I'd best not 'celebrate' then. Not that I was, I was just relieved it was all over....

[echat11]

Is there a time limit for them to do that? Also, how does that work with the statute barred clock?

What's the point of the courts striking it out if they can simply get it reinstated? I mean, after reading other posts on here, I left it as late as possible to send my defense, not allowing them any time to react to it- surely them getting it reinstated could be seen as giving them time to do just that.

I'd best not 'celebrate' then. Not that I was, I was just relieved it was all over....

A case that has been "struck out" by the court can generally not be reopened unless there are very good reasons and the claimant can demonstrate a significant error or exceptional circumstances, usually requiring a formal application to set aside the strike-out order; essentially, it means starting a new claim from scratch if they want to pursue the matter further. The Court wouldn't be impressed with, 'we didn't pay the fee in time' isn't a good reason.