Car Finance Deficit - Almost 6 years ago.

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

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.

Ah right ok, that makes sense. That's what I was trying to ask.

Right I'll get them typed up and sent off to the solicitor via recorded delivery ASAP.

[Guest]

Re: Car Finance Deficit - Almost 6 years ago.

Personally I would use separate envelopes and thus separate tracking details for future reference.

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

Personally I would use separate envelopes and thus separate tracking details for future reference.

Ok no problems.

"To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 2014."

What date do I put at the end ? Can I put 28 days from the date of service in there, which would be 03/08/2014 ?

[Guest]

Re: Car Finance Deficit - Almost 6 years ago.

An additional thought, since they mention it it would be an idea to include in the CPR a copy of the sale invoice presented by the auction, in order to confirm the price achieved on the sale of the vehicle

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

An additional thought, since they mention it it would be an idea to include in the CPR a copy of the sale invoice presented by the auction, in order to confirm the price achieved on the sale of the vehicle

Okay, can I just add this on to the CPR as a list of documents ? i.e. :-

"5. Sale Invoice presented by the auction"

[seduraed]

Re: Car Finance Deficit - Almost 6 years ago.

A work of explaination. The £1 fee is for a reconstituted copy of your original credit agreement . This needs to be supplied within 12 days otherwise they cannot enforce however once the document is produced enforcement can continue . It may be that the agreement cannot be found and thus the attempt at enforcement fails and the SB kicks in . Do not refer to the debt in writing at any time always refer to alleged debt. This to prevent you from aknowledging the debt and restarting the statute barred clock . Once the debt goes SB then in it cannot be revived as non SB.

[ironman]

Re: Car Finance Deficit - Almost 6 years ago.

You can only ask for documents under CPR 31.14 if they have been mentioned in the particulars of claim

Agreement
default and termination notice
statement of account

Auction details etc even though mentioned in the POC can be obtained at The case management hearing

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

You can only ask for documents under CPR 31.14 if they have been mentioned in the particulars of claim

Agreement
default and termination notice
statement of account

Auction details etc even though mentioned in the POC can be obtained at The case management hearing

Right okay, so I cant request them documents in the CPR as andy85 suggests then ?

Also what is a Case Management Hearing ?

[Guest]

Re: Car Finance Deficit - Almost 6 years ago.

I would, seems like a lot of depreciation there to me.

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

Okay I've got these:-

CPR Request:-

Dear Sirs,

Claim Number: #####

Request for documents mentioned in a statement of case under CPR 31.14

On 05/07/2014 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 03/08/2014.

1. Agreement / Contract
2. Default Notice 
3. Termination Notice
4. Formal Demand
5. Sale Invoice presented by the auction of the vehicle

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective. 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.


I look forward to hearing from you.

CCA Request:-

Dear Sirs,

Re:− Account Number #####

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Does everything seem ok ?

[Guest]

Re: Car Finance Deficit - Almost 6 years ago.

Seems OK to me , others may have opinions ?

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

Seems OK to me , others may have opinions ?

Okay, I'll send these on Tuesday Recorded Delivery First Class, my understanding is that the creditor should comply with the request within the time limits.

Meanwhile I will acknowledge the claim form online stating that I wish the defend the claim.

Again many thanks for everyones help.

I'll re-post when the requests have been complied with.

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

Just doing the acknowledgement of service.

Do I need to "contest jurisdiction" ?

[ironman]

Re: Car Finance Deficit - Almost 6 years ago.

No you do not contest jueisdiction

[exa3z]

Re: Car Finance Deficit - Almost 6 years ago.

Ok many thanks. I've acknowledged the claim stating that I intend to defend in full.

I will send the letters asap now.

Many thanks.