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Challenging RFS through courts HELP !

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  • Challenging RFS through courts HELP !

    Hi All,
    I'm new on this sorry.
    I bought a vehicle in 2006 and maintained HP payments regularly for the following 14 month I missed ONE payment (bereavment)realised a couple of months later when I got a letter stating charges (National postal strike backlog). tel the comp asked for a breakdown ofthe charges - details were incorrect so I disputed the charges - boy did I get a shock at the stance they took - several call handlers refused to accept ANY payments unless full charges were paid. I eventually received a default notice so but each time I raised the money the figure went up - prevented me from paying. I contacted Trading Standards and they intervened , within hours accepted payment . I thought this was the end of it but when I tried to make a payment by phone the call was terminated - heard nothing for 12 months - went through the default process (hadn't put any money aside) and it has eventually gone to court for an order to repossess. In the meantime I sent my docs off to Contract checker whose Legal 1 team printed out how the agreement was unenforceable HOWEVER they would not act for me in court on a no win no fee . I attended court and have 3 times since, i had to compile my own defence using the Unenforceable Agreement S61 and the Unfair Relationship S140 a CCA as amended 2006. Obtained trading standards docs, countless letters, emails sent to the director of RFS re the handling of my case, etc,etc. The solicitors acting for them have since offered out of court arrangement wherby they will suspend order to return goods and I pay the payments where I left from PLUS a few grand in costs I RESPECTFULLY REFUSED, solicitor suggested I put forward an offer of arrangement before court date 17th Sept , Thanks for reading ( not eligible for legal aid)
    Last edited by happiness; 6th August 2010, 23:34:PM. Reason: no response so shortened

  • #2
    Re: Challenging RFS through courts HELP !

    BUMP

    Comment


    • #3
      Re: Challenging RFS through courts HELP !

      wondering why no one has offered any advice here ????????? would appreciate it

      Comment


      • #4
        Re: Challenging RFS through courts HELP !

        Hi happiness

        For any one here to help on the CCA aspect we'd need to be able to see a copy of the agreement, or an explanation of why you argued it was unenforceable. Also what the court have actually awarded to RFS/you.

        Sounds like the lenders have acted against the lending code and oft debt collection guidance in a big way. This would have all been avoided if they had accepted payments when you tried to make them - was this bought up in court or was that concentrating on the CCA aspects ?

        Ame
        xx
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Challenging RFS through courts HELP !

          Hi Amethyst
          thanks for replying first court appearance I forced my verbal explanation on the judge as the claimants solicitor presented it as simply non payment - I was directed to submit my defence which I did, next appearance judge had no record of defence and solicitor denied receiving (found my proof of both since - didn't think to take on the day) I was asked to submit again with any proof - I have done and since had the offer mentioned above.
          Contract Checker / Legal 1 Solicitors provided a report which in brief states the agreement is defective , I will attempt to scan and attach this and the HP Agreement now.
          Thanks again

          Comment


          • #6
            Re: Challenging RFS through courts HELP !

            Thanks that will help. Any probs uploading its fine to email them to me ( admin@legalbeagles.info ) to put up.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Challenging RFS through courts HELP !

              [ATTACH]3348[/ATTACH]

              [ATTACH]3349[/ATTACH]
              Last edited by Amethyst; 7th August 2010, 21:52:PM.

              Comment


              • #8
                Re: Challenging RFS through courts HELP !

                Hi Happiness, Have removed the first piccie as it had your address on, do you want to edit and put it back up anon otherwise I can do that tmw. xx

                Interesting letter from the contract check people. Some of those figures are a tad picky really (but yes inaccurate for CCA purposes though not iredeemably unenforceable IMO) - what did court come back with about the arguments on those ? Also is there a third page to the contract checkers letter?
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment

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