Car Finance Deficit - Almost 6 years ago.

[ironman]

Re: Car Finance Deficit - Almost 6 years ago.

you need to send a CPR 31.14 Request to the solicitors mentioned on the claim form by recorded delivery.

You need to be requesting a copy of the:

1/ agreement
2/ default and termination notice
3/statement of account

please confirm it is the finance company and not a debt collection agency, who is the creditor bringing the action on the court claim form

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

The statute bar date would run from the date they were first entitled to demand full repayment under the contract, or the last payment/ acknowledgement, whichever is the later. from the sounds of it they are taking this to be the termination date.

So it is literally right on the 6 year mark. Is there any chance of defending this at all ? I'm guessing you need all the paperwork to work this out ?

Are you sure you do not remember receiving any correspondence, particularly a default notice ?

I probably did when I stopped the payments and before the vehicle was re-possessed. But that was 6 years ago. I'd be damned If i can find it now.

you need to send a CPR 31.14 Request to the solicitors mentioned on the claim form by recorded delivery.

You need to be requesting a copy of the:

1/ agreement
2/ default and termination notice
3/statement of account

please confirm it is the finance company and not a debt collection agency, who is the creditor bringing the action on the court claim form

Could anyone point me in the right direction to a template letter for the CPR 31.14 please ?

Also, is there enough time to get this information back and file a defence if I work quick enough ?

Im pretty sure it is the actual finance company Marsh Finance that is bringing the action. The same company that I took the agreement out with in the first place.

[ironman]

Re: Car Finance Deficit - Almost 6 years ago.

i take it this is a money claim online claim?? if so you will have a password on the claim form to log on to the service

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

i take it this is a money claim online claim?? if so you will have a password on the claim form to log on to the service

Yes that is correct. So do you advise first that I reply to the claim and defend all to get an extension.

Then send off a CPR 31.14 requesting the agreement, default and termination notice and statement of account.

Once I have these I presume someone on here will advise me whether I can defend my case due to it being statue barred ?

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

you need to send a CPR 31.14 Request to the solicitors mentioned on the claim form by recorded delivery.

You need to be requesting a copy of the:

1/ agreement
2/ default and termination notice
3/statement of account

please confirm it is the finance company and not a debt collection agency, who is the creditor bringing the action on the court claim form

Would http://www.legalbeagles.info/forums/...ic-information this be ok ?

[Guest]

Re: Car Finance Deficit - Almost 6 years ago.

Would http://www.legalbeagles.info/forums/...ic-information this be ok ?

Yes delete section 3(assignment) and insert termination notice

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

Yes delete section 3(assignment) and insert termination notice

Ok super.

Do I send it to the Claimant, or the Claimants Solicitor ? or both ?

also I would send a request for a copy of the agreement under section 79 of the consumer credit act, there is a template for this also, you can send this to the solicitor as well, some may say to send it to the creditor however i find that sending it to their representative makes them aware of the sanction for not sending a copy within the time scale(12 days, they cannot enforce)

Is this handled by the above or is it a seperate thing ?

[Guest]

Re: Car Finance Deficit - Almost 6 years ago.

Also send

Please supply a true copy of my credit agreement and associated documents as required under section 79 o the consumer credit act.

I enclose the statutory fee of £1.

Yours xxxxxxxxxx

send recorded and enclose a postal order for £1

[Guest]

Re: Car Finance Deficit - Almost 6 years ago.

Ok super.

Do I send it to the Claimant, or the Claimants Solicitor ? or both ?



Is this handled by the above or is it a seperate thing ?

Separate thing but can both go to the solicitor

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

Separate thing but can both go to the solicitor

This be ok ?

http://www.legalbeagles.info/forums/...y-of-Agreement

[Guest]

Re: Car Finance Deficit - Almost 6 years ago.

This be ok ?

http://www.legalbeagles.info/forums/...y-of-Agreement

Yes fine HP comes under section 79

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

Yes fine HP comes under section 79

Ok thanks.

Do I still need to include the below in the CPR request then if I'm sending the above also ?

Also send

Please supply a true copy of my credit agreement and associated documents as required under section 79 o the consumer credit act.

I enclose the statutory fee of £1.

Yours xxxxxxxxxx

send recorded and enclose a postal order for £1

[Guest]

Re: Car Finance Deficit - Almost 6 years ago.

Yes the CPR es a different request.

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

Yes the CPR es a different request.

Ok, so to recap I send a CPR request and a CCA request, both with statutory fee of £1.

The CPR request will contain "Please supply a true copy of my credit agreement and associated documents as required under section 79 o the consumer credit act." also.

Both are to be sent recorded delivery to the Creditors Solicitor ?

Can I send both in the same envelope ?

Can I supply a cheque for £2 instead of two seperate ones ?

Many thanks for your help with all of this.

[Guest]

Re: Car Finance Deficit - Almost 6 years ago.

Ok, so to recap I send a CPR request and a CCA request, both with statutory fee of £1.

The CPR request will contain "Please supply a true copy of my credit agreement and associated documents as required under section 79 o the consumer credit act." also.

Both are to be sent recorded delivery to the Creditors Solicitor ?

Can I send both in the same envelope ?

Can I supply a cheque for £2 instead of two seperate ones ?

Many thanks for your help with all of this.

No the cpr request does not require a fee.

The CPR request is as stated in the template as is the cca request. If you are using both templates you do not need my wording for the cca request.