Invalid Termination Notice and Court Date Set

[MissFM]

Re: Invalid Termination Notice and Court Date Set

Or attach it to an email to admin...

[Guest]

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

You must attend the hearing, t is very unusual in a case like yours that a judge will order the return of the vehicle, as long as you have some concrete repayment proposal, but you must attend

[lostmyway]

Re: Invalid Termination Notice and Court Date Set

Hi
thanks for the replies

I will be attending tomorrow but wanted to be able to sock it to them with the claim of invalid termination notice etc (if that is the case)

I have tried advance and upload but it comes up with

The website cannot display the page
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	Most likely causes: The website is under maintenance. The website has a programming error.
	What you can try:
	[IMG]res://ieframe.dll/bullet.png[/IMG] Refresh the page.Refresh the page.
	[IMG]res://ieframe.dll/bullet.png[/IMG] Go back to the previous page.Go back to the previous page.
	[IMG]res://ieframe.dll/down.png[/IMG] More information I'll email to admin as suggested - thank you so much for listening

[Guest]

Re: Invalid Termination Notice and Court Date Set

Why do you think the termination notice is invalid ?

[lostmyway]

Re: Invalid Termination Notice and Court Date Set

Hi,

having been on the MSE/CAG forum and having shown the docs there - they have advised that there were several issues with it - such as including penalty/late charges - it was a conversation that a couple of members were having between themselves and I never had it pointed out exactly what the real issue with it was.

I was told that should they take the car at that time then it would be unlawful and that I would be able to claim back any payments I have already made.

When I spoke to MB I offered to clear the arrears in full but this was declined - as my advice was that the termination notice was invalid so termination had not taken place therefore payment of the arrears and tehn monthly again from that point should have been an option to me.

The person that I spoke to from MB was not helpful (I didn't really expect them to be) and simply kept saying you need to surrender the car and continued to say this even after I advised him that a Court Date had been set. He said but that would all stop if you hand the car back, to which I replied I think it a much better solution for all (both in a business sense for them and of course for me to avoid racking up huge debt) for me to pay and resume.

Stalemate really however they continued to instruct repo agents to knock the door every couple of weeks (different ones)

Thanks

[Guest]

Re: Invalid Termination Notice and Court Date Set

I have had a look at the default notice and the termination notice and they seem fine to me. There is the correct time to remedy given and the charges I presume are in line with the ones mentioned on your agreement ?

Not that you cannot challenge these as being penal;ties, however I would do this at a later date.

The issue is this , if you go into that court room and give the impression that you are trying to evade repaying the debt through some technicality the judge may say, sorry but hand the car back and we will issue an order for full repayment of the debt then you can dispute the ballance.

This is the reality, by all means mention that you think the charges are unfair or excessive if you like, but you must stress that you are eager to repay the debt and have the means to maintain a repayment plan if you are to keep the vehicle.

The matter of repayment of sums under the agreement on improper collection is not relevant in your situation as you have stated it on here.

[lostmyway]

Re: Invalid Termination Notice and Court Date Set

Hi,

Thanks for that - at least I know what I am trying to achieve today. I am not and have not tried to evade paying - at the end of the day I have the vehicle - I need it - I have to pay for it. Of course I want to avoid it being taken as they will sell it at auction I presume and I will end up in debt to the tune of thousands I presume.

I will let you know how I get on when I return however I am less confident now as I was pinning some hope on the advice given to me in CAG along with the hope that a Judge would allow me to pay the arrears (lump sum and then back to monthly), however 1 conversation I had with one of the staff at MB said that ''if'' they allowed payment of arrears and resume contract then I would need to pay the costs of the repo agents that have attended (even though they didn't remove) so that will put a spanner in the works as that could be quite a lot as I have had several visits.

Wish I had found you all sooner

Thanks

[Guest]

Re: Invalid Termination Notice and Court Date Set

Hi,

Thanks for that - at least I know what I am trying to achieve today. I am not and have not tried to evade paying - at the end of the day I have the vehicle - I need it - I have to pay for it. Of course I want to avoid it being taken as they will sell it at auction I presume and I will end up in debt to the tune of thousands I presume.

I will let you know how I get on when I return however I am less confident now as I was pinning some hope on the advice given to me in CAG along with the hope that a Judge would allow me to pay the arrears (lump sum and then back to monthly), however 1 conversation I had with one of the staff at MB said that ''if'' they allowed payment of arrears and resume contract then I would need to pay the costs of the repo agents that have attended (even though they didn't remove) so that will put a spanner in the works as that could be quite a lot as I have had several visits.

Wish I had found you all sooner

Thanks

The judge may well allow you to do just that, Yes they are right i that you cannot be charged for repossession costs, as the vehicle cannot be re-possessed without your consent or an order of the court after you have paid one third of the agreement value. This does not prevent them "asking for the return of the vehicle" but they cannot levy a charge for this.
I see no evidence of these charges in the DN however, and from experience I have found that they will say anything in order to secure the vehicle, in short they lie.

[lostmyway]

Re: Invalid Termination Notice and Court Date Set

Hi,

Back from Court. Solicitor there for their side and was very helpful - working out a plan for payment of the arrears - lump sum as I had offered but of course with their charges there is another amount which she suggested as £30 p/month. All good so far.

Got into Court and she turned into a different person - I think the Judge must have seen the expression on my face as I turned and looked at her whilst she was making her statement.

Anyway - got to my turn and I'm thinking this is not going well - so I threw in what she had suggested outside the Court room. She had also told me that if I had paid the arrears (MB declined my offer when I spoke to them) then I would have paid 1/3 and my position would have been different (in law anyway), so I made a point of bringing this to the Courts attention - I also had dates of my conversations with them and why I felt I had done everything I could to rectify this and avoid additional costs and wasting Court time.

The Judge said he thought I deserved a chance and agreed to suspend the Return of Goods order. So a result I would say.

Can I just thank everyone for listening

[Guest]

Re: Invalid Termination Notice and Court Date Set

Well done.

So hopefully yo now have a repayment plan you can comfortably afford ?

when the dust settles you need to request a statement of the account, see if any of those charges can be challenged