Assistance needed

[Mista Blake]

Re: Assistance needed

Hi Di,
This was a car Hire Purchase. The car was written off, insurance paid out and left a balance of finance on the account.
The loan was taken out in november 2009 sheduled for 37 months. What are the requirements for an agreement to be Statute Barred?
I did send Kearns Solicitors a formal CCA request 77-79 with a one pound postal order and a CPR 31.14 requesting documents.
I have filed my defense within 7 days of recieving the claim against me. As of yet I havent recieved a Directions Questionnaire by the court.
There wasn't any PPI with this HP agreement.

Kind regards
Blake

[Diana M]

Re: Assistance needed

Thanks for updating. More questions I'm afraid.

When the insurance paid out did they send the payment to you or did they pay it to the finance company?

I note you filed your Defence 7 days after the claim was issued but what date was that (when you filed your Defence)?

What is the claim Issue Date and how much is being claimed?

Di

[Mista Blake]

Re: Assistance needed

No problem lol
Insurance paid out March 2010, to myself and i forwarded the payment to the finance company.
I filied my defence within 7-days of the claim being made against me.
Claim was made on 16/01/2017 my defence was made on the 20/01/2017
The claim amount is 8,970.44 including court fee's.

Blake

[Diana M]

Re: Assistance needed

Insurance paid out March 2010, to myself and i forwarded the payment to the finance company.

Do you feel the insurance company may have undervalued the car in your insurance settlement? The vehicle appears to have been only four months old at that point. I know new vehicles depreciate the minute they leave the forecourt but it's hard to figure out why they say you still owed them £8.4k.

You'd only had the loan for less than a year before it was defaulted (according to that Kearns solicitors' letter) so I'm wondering whether they (loan provider) have done their sums right with the interest they've charged.

Was the insurance pay-out enough to cover the capital amount borrowed or near enough?

This whole area definitely needs looking into. It's essential for you (and the court) to see the original credit agreement and the Ts & Cs so they must produce them to justify this claim.

You've sent a CCA Request and a CPR 31.14 Request but so far no response, not even an acknowledgement?

I would also send a Subject Access Request to the original creditor (Ford Credit?) to get the full history of what went on.

Who 'sold' you the finance, was it a car dealer/Ford franchise?

Di

PS I warned you they'd be more questions

[Mista Blake]

Re: Assistance needed

I feel the insurance may have undervalued the car by maybe 1,000.00 at the most i'd say.
The insurance payout wasn't enough to cover the amount borrowed.
Kearns Solicitors has reply to my CCA request by sending me a copy of the agreement, as well as the letter above.
I'm sure the dealer was a Ford owned dealership if i remember correctly.

Blake