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Invalid Termination Notice and Court Date Set

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  • Invalid Termination Notice and Court Date Set

    Hi,

    I wonder if anyone here can help with this. A friend of mine has used this site in the past and has said its a great place for getting the correct info.

    I have written regarding this problem on MSE however I think I have come to a dead end.

    Basically I have a car on finance (I haven't paid enough for them to ''have'' to get a Court Order).

    Having posted my documents on MSE I have been told that the Termination notice is invalid on several counts and that I should apply for a time order.

    Having been back and fore the Court and getting differing stories I eventually got the correct forms but before submitting them I had notice to attend Court on 22.01. (this Weds).

    Despite the Court date being set I did receive several calls from the Company asking for return of the vehicle and I have also had several visits from Repo agents - I have simply shown them the Court papers and they have left. The last one however was threatening and said he had a Court order and was a High Court Sheriff - I asked to see copies of the order - which of course he didn't have.

    When the Company called I offered to pay the arrears and continue with the agreement advising I didn't not believe that their charges were lawful or that the Termination notice is correct - they declined my payment.

    I advised that should they take the car that I will be left thousands in debt and the guy said no you won't we should be able to get £7,500 at auction for the car and there won't be many charges - I think this is a bit of a story in itself. The car is not worth 7.5k having done an online valuation and I actually owe more than what the car is worth so how will this benefit anyone - I will need to go down the bankruptcy route after repossession.

    When I go to Court on Wednesday I want to be certain of my facts and would be grateful if someone could point out to me what is not correct about the termination notice and what I can do to fight my case. I need a car - not necessarily this one to be able to work as I live in a remote area but finance would not be an option after this case if I should lose.

    Any advice would be appreciated.

    Thank you

    lostmyway
    Tags: None

  • #2
    Re: Invalid Termination Notice and Court Date Set

    Hiya, Welcome , To be able to help on the termination notice issue we'll need to see a copy of the termination notice. http://www.legalbeagles.info/forums/...r-details-safe!) or a link to your MSE thread Thanks 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


    • #3
      Re: Invalid Termination Notice and Court Date Set

      Yes be interested to see this, normally they do not need a court order to re-possess a vehicle if the debtor has paid less than one third of the contract price, after that they have to send a default notice and terminate as per section 87 of the CCA.

      Comment


      • #4
        Re: Invalid Termination Notice and Court Date Set

        Hi, I don't know if I have done this correctly but here goes

        http://www.consumeractiongroup.co.uk...2&d=1383133720

        http://www.consumeractiongroup.co.uk...3&d=1383133732

        If I have missed anything please let me know and I can upload again

        Thanks again

        Comment


        • #5
          Re: Invalid Termination Notice and Court Date Set

          Originally posted by lostmyway View Post
          Hi, I don't know if I have done this correctly but here goes

          http://www.consumeractiongroup.co.uk...2&d=1383133720

          http://www.consumeractiongroup.co.uk...3&d=1383133732

          If I have missed anything please let me know and I can upload again

          Thanks again
          Sorry, do you have links for the documents elsewhere or can you upload them here as non members are unable to view cag attachments.


          :
          #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


          • #6
            Re: Invalid Termination Notice and Court Date Set

            HI
            I cant see the termination notice there.

            How much had you paid off the car when they defaulted you, exactly what does it say on the particulars of claim from the creditor.

            Comment


            • #7
              Re: Invalid Termination Notice and Court Date Set

              More importantly did you receive a default notice under section 87 if the consumer credit act

              Comment


              • #8
                Re: Invalid Termination Notice and Court Date Set

                Some info here

                http://www.nationaldebtline.co.uk/en..._purchase_debt
                Last edited by andy58; 20th January 2014, 19:49:PM.

                Comment


                • #9
                  Re: Invalid Termination Notice and Court Date Set

                  Hi
                  Apologies for the delay - lost yesterday and only just resumed

                  Am uploading all the docs here again
                  Attached Files

                  Comment


                  • #10
                    Re: Invalid Termination Notice and Court Date Set

                    There are 4 of the documents I am going to scan the court papers in now and will forward those as these had not arrived when I asked for advice on MSE - will take me a few minutes

                    Comment


                    • #11
                      Re: Invalid Termination Notice and Court Date Set

                      I take it you have received a "return of goods order" ?

                      Comment


                      • #12
                        Re: Invalid Termination Notice and Court Date Set

                        Hi Yes I have

                        I am having problems converting these documents so can upload them individually if that is ok

                        Comment


                        • #13
                          Re: Invalid Termination Notice and Court Date Set

                          I am sorry - this isn't allowing me to upload documents - I have had several tries and have no idea what I am doing wrong

                          Comment


                          • #14
                            Re: Invalid Termination Notice and Court Date Set

                            Originally posted by lostmyway View Post
                            I am sorry - this isn't allowing me to upload documents - I have had several tries and have no idea what I am doing wrong
                            I am getting an error - website cannot display this page when trying to upload - is there anywhere I can send to attach to an email or pm please

                            Thanks

                            Comment


                            • #15
                              Re: Invalid Termination Notice and Court Date Set

                              Go to "go advanced" and click "manage attachments" upload, choose from my computer, browse and click on the file, click "upload", wait forever then it should appear in the box. Just check beforehand that it's in a permitted format (there's a list) otherwise convert it beforehand Good luck x

                              Comment

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