Court Claim - FCA Car Finance

[atticus]

Setting aside a strike-out is NOT starting a new claim.

If a new claim is started, any available limitation defence (with a 'c') can be used.

[echat11]

Setting aside a strike-out is NOT starting a new claim.

If a new claim is started, any available limitation defence (with a 'c') can be used.

Essentially, carry on with the case.

[spagbog]

Essentially, carry on with the case.

Thank you for your replies...

May I just ask then...Part of my defense was that the default they wanted to use was void, as per the 1974 CCA...If they got the SO set aside, can they magically produce another Default Notice that isn't void or would they have to use the same 'bundle' as they had originally?

I like to think the reason they didn't bother paying was because they realised (on receiving my bundle) that their Default Notice was void.

Wondering if I should contact the original creditor to get default removed from my credit report?

[atticus]

If a document can be found, it may be used. Explanation may be necessary.

[spagbog]

Essentially, carry on with the case.

HI..Me again

After I submitted my defense, they failed to pay the court fees toward the end of Jan and case thrown out.

Today I received a copy of their N244 form (dated over 2 weeks after they should have paid fee) claiming an admin error for not paying fee. Apologising and they want it reinstating. Can I appeal this? Personally I think it's a delaying tactic because they f***ed up with the default notice and if judge allows it to go ahead, they will magically come up with 'new evidence'...

How do I respond (if at all) to this? It doesn't give me anything to fill in etc but I want to appeal the fact they have left it so long to put in this N244. It's been a one big mess around as I've had to take a day off from work for the original date of court hearing and now I believe they are trying to pull a fast one. It's not as if this is their first 'admin error' either, the last 7 years has been littered with them.

Help please as I think I'm going to have a breakdown. I thought it was all over.

[spagbog]

Hi

Hoping someone can assist.

The court case is set for a couple of weeks time...I'm in a real state

Both the DNs they have sent are invalid. I have already made the point that they are and that they cannot issue a 2nd DN for the same debt (which they have done), but I have just come across the following...can I use this as well?

A default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

Failure of a default notice to be accurate invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255

[echat11]

Hi

Hoping someone can assist.

The court case is set for a couple of weeks time...I'm in a real state

Both the DNs they have sent are invalid. I have already made the point that they are and that they cannot issue a 2nd DN for the same debt (which they have done), but I have just come across the following...can I use this as well?

A default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

Failure of a default notice to be accurate invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255

Yes, you can.

Update the thread once you've done your document for the Hearing.

[spagbog]

Yes, you can.

Update the thread once you've done your document for the Hearing.

Sat here in tears...happy tears because I won the case!!

The Claimant was relying upon the Termination Notice sent in 2019, stating this is when Statute began. I argued the TN should not be able to be used as it was issued on the back of 2 Default Notices that did not comply with the CCA...the judge agreed I did find a very important and relevant point in the original Ts and Cs which sunk them completely re this...

They kept trying to say the DN does not have to give 14 days but the judge did not accept that, reminding them that they MUST give 14 days as it's written in the CCA. At one point the solicitor asked the judge if he could be excused for two minutes to go and consult with his client and the judge said absolutely not, we're in the middle of litigation!! lol...

Anyway, all's well that ends well. Thank you to those of you who helped, especially ECHAT11.

Was in the courtroom for about 75 mins so a little nervous, but the Judge was superb- completely restored my faith!

[echat11]

Well Done. great result, thanks for letting us know.

That's 'hilarious' - 'At one point the solicitor asked the judge if he could be excused for two minutes to go and consult with his client and the judge said absolutely not, we're in the middle of litigation!! lol...'