Court claim against me by Finance Company

[ncf355]

Hi,

I have had a claim issued against me with regards to return of a vehicle I have arrears on

They have issued a Default notice, which to me appears in order, with the exception it includes amounts for several £25 penalty charges - is this an issue that can damage the validity of the DN?

They then followed this with a written notice of termination and then followed again with a letter stating there agents would be in contact to retrieve the vehicle

The agreement is just over 2 years in to a 4 year agreement, with well over the 1/3rd paid, so I wrote explaining I knew my rights regards a court order being required, and in the same letter offered to re commence payments if the arrears could be divided across the remaining term

They ignored this, and issued a claim which has come through to me as a "Notice of Issue of Fixed Date (summons or originating application)"

So, what are the thoughts on my options?

[postggj]

Re: Car repossession - Default notice invalid?

what is the agreement

hp
fixed sum loan
conditional sale

[ncf355]

Re: Car repossession - Default notice invalid?

Hi,

conditional sale

Thanks

[ncf355]

Re: Car repossession - Default notice invalid?

Several other issues -

I believe there is a S140a argument as well due to -

a) the £25 per bounced DD, default notice service, non payment in month, etc

b) the penalty clause that allows them to charge me 12p/mile for every mile over 12k miles P/A (I have done hefty mileage, so they have put in a damages claim within the particulars but obviously only refer to the ecess mileage clause as they dont know my mileage - this excess charge would net them WAY more than the effect of the high mileage on the cars value (and I'm talking £K's here)

[dave27]

Re: Car repossession - Default notice invalid?

Hi,

conditional sale

Thanks

any chance of a peek

dave

[ncf355]

Re: Car repossession - Default notice invalid?

Here you go -

Default and termination first -

[ncf355]

Re: Car repossession - Default notice invalid?

And the actual court claim -

[postggj]

Re: Car repossession - Default notice invalid?

Good Afternoon

My Next Questio Is

On The Default Notice

Have They Claimed The Arrears Or The Full Balance

WHAT IS THE DATE ON THE DEFAULT NOTICE AND DATE TO RECTIFY THE DEFAULT BY

WHAT IS THE DATE OF THE TERMINATION NOTICE

[ncf355]

Re: Car repossession - Default notice invalid?

Cheers for the time on this -

They have claimed the arrears + the default charges

Dates to rectify were well inside the required 14 days (26th April sent, 16th May due)

Termination letter dated 19th May

[postggj]

Re: Car repossession - Default notice invalid?

Was The Creditors Name And Address As Well As Yours On The Default Notice

[ncf355]

Re: Car repossession - Default notice invalid?

Yes - headed paper, with their name+address at the base and mine at the top

The only things I can possibly see as an issue to them is the penalty charges included in the default amount (due to them not being the true cost to their business) and possibly (being very picky) the prominence (underline and bolding) of some of the text


Have to say, quite suprised more people haven't commented on this now?

[dave27]

Re: Car repossession - Default notice invalid?

is this agreement pre 7th april 2007.
did you ever have any face to face contact with your creditor and or dealer
when they signed the agreement, did they date it.

dave

[ncf355]

Re: Car repossession - Default notice invalid?

Hi,

no 2009

No face to face, all via post/tel and they have dated it

[dave27]

Re: Car repossession - Default notice invalid?

Hi,

no 2009

No face to face, all via post/tel and they have dated it

what length of time is given for your cancellation rights,

dave

[ncf355]

Re: Car repossession - Default notice invalid?

Just says "You will have for a short time the right to cancel"

No date or amount of days is specified?