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Date the claim was issued from the court - 23 July 2012
The full Particulars of Claim as detailed on the form:
1 - On 8th Aug 2011 the claimant changed its name from Duncton No Ltd. Co. House Reg No.****** to Moneybarn No1 Ltd. The defendant has been notified of this change.
2 - By a guarantee and indemnity in writing dated 14th March 2007 the defendants undertook that on demand in writing they would pay or discharge to the claimant all monies and liabilities which are due and owing from ******* to the claimant and all other costs, charges and expenses together with VAT.
3 - The sum due and owing from ****** to the claimant is £7109.75 pursuant to agreement no ****** between ******** and the claimant, the whole of which remains outstanding.
4 - By letter dated 21 June 2012 the claimant demanded from the defendants payment of the sum due. The defendants have not paid to the claimant the sum demanded or any part thereof.
5 - The claimant also claims the further sum of £893.49 in respect of interest pursuant to section 69 of the County Court Act 1984 from March 2010, being the date of maturity of agreement no ******* to the date herof - 834 days at the rate of £1.07 and continuing to the date of payment.
6 - Costs
Dated 09 July 2012.
I have submitted an Acknowledgement of Service stating that I admit some of the claim but not all hence giving some additional time to build my case.
Background to the debt/claim:
My wife and I acted as personal guarantors to assist some one getting a car, unfortunately the car was returned to the claimant after they got a job which included a company car. We knew nothing of this until March 2010, (2 years after the car was returned) when we received a letter from a DCA claiming the £7109 figure quoted in the claim. I explained the situation to the DCA and told them that I would not deasl with them but would deal with the creditor directly.
I spoke and emailed the creditor asking for a statement of account to see exactly what I was being charged for. Upon receipt of the statement i found a large sum (over £4000) added which could not be explained, i requested by email for an explanation and was told the sum was the cost of employing a trace company to find my wife and I in 2009. I did not believe this as my address and contact details had not changed and i had received no communication from the creditor or any third party. As a result of this I issued an SAR which requested all details of the account, copies of all correspondence and proof of employment of a trace company. what i received was a detailed statement of account but nothing else. As there was no proof supplied to justify the additional charge I made an offer to settle the account for £3600 to be paid in installment of £300/month as I disputed the additional charge. I've heard nothing from them until I received this County Court Claim in July.
Since receiving the CCC I have again contacted the company and explained the dispute and that I was not happy that the timescales involved in them making contact with me has meant that this has dragged on and the account would have been settled by now. During these discussions and email correspondence it has come to light with a new printed statement that the £7109 figure is actually built up of outstanding payments to maturity and a final balloon payment all in accordance with the signed agreement made between the company and the car buyer, I therefore asked for a copy of this agreement to check that they were charging me correctly. Upon receipt of the copy agreement I have found clause 9.2.5 states:
"by way of compensation for loss and or liquidated damages for breach of this agreement such repayments as have not yet accrued due, less (i) the net proceeds of sale if the vehicle is repossessed and sold within 3 months of the termination or if repossessed but not sold, its value at the expiration of the said period of 3 months as determined by the CAPBLACKBOOKPRICE adjusted for mileage and condition, and (ii) unless termination is pursuant to clause 12.2 of this agreement all the payments shown overleaf which would but for the said termination or total loss (as the case may be) have become due and payable down to the end of the full period of this agreement shown overleaf (including the balloon rental) less a rebate of 75% of that part of the finance charges shown overleaf which is attributable to such rentals calculated on the basis of rule 78 deferred by 2 months on payment".
Now my understanding after reading this clause is that there should be a 75% reduction of all the charges to give a figure of approx £1777 for me to pay as compensation for the breach of contract, have I read this correctly?
When I pointed this out to the company they admitted that there was a mistake in their calculation and offered to reduce the sum by 25% or £1777!!! They have also offered to waive any claim for interest charges but want a full and final settlement or the case goes to court.
I would appreciate your help and advice on this matter urgently.
Sorry for the long post but I wanted to give as much information as possible.
Thanks,
Chris.
The full Particulars of Claim as detailed on the form:
1 - On 8th Aug 2011 the claimant changed its name from Duncton No Ltd. Co. House Reg No.****** to Moneybarn No1 Ltd. The defendant has been notified of this change.
2 - By a guarantee and indemnity in writing dated 14th March 2007 the defendants undertook that on demand in writing they would pay or discharge to the claimant all monies and liabilities which are due and owing from ******* to the claimant and all other costs, charges and expenses together with VAT.
3 - The sum due and owing from ****** to the claimant is £7109.75 pursuant to agreement no ****** between ******** and the claimant, the whole of which remains outstanding.
4 - By letter dated 21 June 2012 the claimant demanded from the defendants payment of the sum due. The defendants have not paid to the claimant the sum demanded or any part thereof.
5 - The claimant also claims the further sum of £893.49 in respect of interest pursuant to section 69 of the County Court Act 1984 from March 2010, being the date of maturity of agreement no ******* to the date herof - 834 days at the rate of £1.07 and continuing to the date of payment.
6 - Costs
Dated 09 July 2012.
I have submitted an Acknowledgement of Service stating that I admit some of the claim but not all hence giving some additional time to build my case.
Background to the debt/claim:
My wife and I acted as personal guarantors to assist some one getting a car, unfortunately the car was returned to the claimant after they got a job which included a company car. We knew nothing of this until March 2010, (2 years after the car was returned) when we received a letter from a DCA claiming the £7109 figure quoted in the claim. I explained the situation to the DCA and told them that I would not deasl with them but would deal with the creditor directly.
I spoke and emailed the creditor asking for a statement of account to see exactly what I was being charged for. Upon receipt of the statement i found a large sum (over £4000) added which could not be explained, i requested by email for an explanation and was told the sum was the cost of employing a trace company to find my wife and I in 2009. I did not believe this as my address and contact details had not changed and i had received no communication from the creditor or any third party. As a result of this I issued an SAR which requested all details of the account, copies of all correspondence and proof of employment of a trace company. what i received was a detailed statement of account but nothing else. As there was no proof supplied to justify the additional charge I made an offer to settle the account for £3600 to be paid in installment of £300/month as I disputed the additional charge. I've heard nothing from them until I received this County Court Claim in July.
Since receiving the CCC I have again contacted the company and explained the dispute and that I was not happy that the timescales involved in them making contact with me has meant that this has dragged on and the account would have been settled by now. During these discussions and email correspondence it has come to light with a new printed statement that the £7109 figure is actually built up of outstanding payments to maturity and a final balloon payment all in accordance with the signed agreement made between the company and the car buyer, I therefore asked for a copy of this agreement to check that they were charging me correctly. Upon receipt of the copy agreement I have found clause 9.2.5 states:
"by way of compensation for loss and or liquidated damages for breach of this agreement such repayments as have not yet accrued due, less (i) the net proceeds of sale if the vehicle is repossessed and sold within 3 months of the termination or if repossessed but not sold, its value at the expiration of the said period of 3 months as determined by the CAPBLACKBOOKPRICE adjusted for mileage and condition, and (ii) unless termination is pursuant to clause 12.2 of this agreement all the payments shown overleaf which would but for the said termination or total loss (as the case may be) have become due and payable down to the end of the full period of this agreement shown overleaf (including the balloon rental) less a rebate of 75% of that part of the finance charges shown overleaf which is attributable to such rentals calculated on the basis of rule 78 deferred by 2 months on payment".
Now my understanding after reading this clause is that there should be a 75% reduction of all the charges to give a figure of approx £1777 for me to pay as compensation for the breach of contract, have I read this correctly?
When I pointed this out to the company they admitted that there was a mistake in their calculation and offered to reduce the sum by 25% or £1777!!! They have also offered to waive any claim for interest charges but want a full and final settlement or the case goes to court.
I would appreciate your help and advice on this matter urgently.
Sorry for the long post but I wanted to give as much information as possible.
Thanks,
Chris.
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