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Hi,
Please excuse the length of this post I will try to be as quick as possible. I am extremely grateful in advance for any advice given.
I had a hire purchase agreement originally with Renault Financial Services, which then became RCI Financial Services.
The agreement was to run until 2007 but shortly before this with a couple of payments to go my marriage broke down and I had a break down also. I suffered from severe clinical depression until about 14 months ago when my condition and my outlook finally started to improve.
RCI through Bermans LLP took me to court to reclaim the van. At the time of default I the total amount payable under the agreement was £17093.51 and the paid up amount was £16477.66 leaving an amount of £615.85 owed.
As I was so unwell for most of this period I only communicated with RCI once near the beginning of my breakdown to explain the situation. In November 2007 the gearbox of my 4 year old van gave up the Ghost and because of my depression and the overwhelming costs to repair the van I attempted to take out the gearbox myself to discover it was unserviceable. The total cost of repairing the van (materials only) is approx £1800. I only add this for information as the van is parked on my drive with a tarpaulin over it and it is non drivable.
In Sept 2008 Bermans proceeded against me at Brighton County Court claiming among other things that:
At the time I was still unwell although I had improved somewhat and was able to return to work. I tried desperately to contact Bermans to make an arrangement to pay off the dept thus saving the solicitors costs which as already stated ended up at £290 although the wanted nearly £500. I wrote to them by registered post and I telephone leaving multiple messages as well as emailing them to try and get the court date suspended or moved so that we could sort out the issues. I also pointed out that as my van was in a state of disrepair it would only add to the costs because it would have to be delivered to the auction site on a tow lorry.
Bermans ignored all my telephone calls, emails and my letter and I ended up in court and an order was made for the above 3 amounts. the Judge agreed that I could pay £75, then £100 a month until the order was satisfied. I tried in vain to explain to the judge that the figures were incorrect and that I only owed £615.85. I also explained my illness and gave the judge a copy of a doctors letter setting out my symptoms etc.
Unfortunately Sept 2008 was the start of the decline in my industry (construction industry) and as I was already out for some rime since my illness and no longer had a client base of any real value I struggled to keep up and only made the 1st payment of £75 and subsequent payments of £100 and £50 before lack of work and hardship intervened (total £225.00).
Fast forward to today and Bermans are taking me back to court in 5 days seeking a money order for £997.57 and interest to 12 sept 2008 of £111.29, additional interest from 12 Sept 2008 to present for £166.95 and costs of £290. They also want additional costs on the 15th for £247.
Before the last court date Bermans refused to answer any of my letters etc and wrote to me 8 months ago saying they would recover the van. However they have obviously sent someone round to look as they are now seeking a money order as they obviously realised that taking the van would aonly add to the costs.
There are a few issues I need help on:
I cant pay more than £800 at the moment. This amount already is likely to mean I am late on other more pressing payments I need to make to live on. but will this be enough to put a stop to the proceeding whilst I make counter claims to Bermans and explore the obvious Fraud in the court documents filed and the other issues such as the deposit and the enforceability of the contract.
I'm sure there are other issues but any immediate help with getting a postponement would be a great help. Obviously any fees I would have to pay to the court reduces the £800 I can pay to Bermans immediately.
Also I desperately want to avoid additional costs of £247 in what is already turned out to be a doubling of the original debt through miss statements and obvious fraud not withstanding my role in this farce.
Again I'm sorry this is so long and my apologies that there are only 5 days (4 tomorrow) but I still suffer from some degree from depression and big issues like this make it worse hence lateness. I will be so fantastically grateful for any help or suggestions.
Nick
Please excuse the length of this post I will try to be as quick as possible. I am extremely grateful in advance for any advice given.
I had a hire purchase agreement originally with Renault Financial Services, which then became RCI Financial Services.
The agreement was to run until 2007 but shortly before this with a couple of payments to go my marriage broke down and I had a break down also. I suffered from severe clinical depression until about 14 months ago when my condition and my outlook finally started to improve.
RCI through Bermans LLP took me to court to reclaim the van. At the time of default I the total amount payable under the agreement was £17093.51 and the paid up amount was £16477.66 leaving an amount of £615.85 owed.
As I was so unwell for most of this period I only communicated with RCI once near the beginning of my breakdown to explain the situation. In November 2007 the gearbox of my 4 year old van gave up the Ghost and because of my depression and the overwhelming costs to repair the van I attempted to take out the gearbox myself to discover it was unserviceable. The total cost of repairing the van (materials only) is approx £1800. I only add this for information as the van is parked on my drive with a tarpaulin over it and it is non drivable.
In Sept 2008 Bermans proceeded against me at Brighton County Court claiming among other things that:
The paid up sum is £16,095.74 and the unpaid balance of the total price is £997.57
Statutory interest hearof £111.29. continuing at £0.21 until payment.
Costs pursuant to the agreement (these ended up being £290).
At the time I was still unwell although I had improved somewhat and was able to return to work. I tried desperately to contact Bermans to make an arrangement to pay off the dept thus saving the solicitors costs which as already stated ended up at £290 although the wanted nearly £500. I wrote to them by registered post and I telephone leaving multiple messages as well as emailing them to try and get the court date suspended or moved so that we could sort out the issues. I also pointed out that as my van was in a state of disrepair it would only add to the costs because it would have to be delivered to the auction site on a tow lorry.
Bermans ignored all my telephone calls, emails and my letter and I ended up in court and an order was made for the above 3 amounts. the Judge agreed that I could pay £75, then £100 a month until the order was satisfied. I tried in vain to explain to the judge that the figures were incorrect and that I only owed £615.85. I also explained my illness and gave the judge a copy of a doctors letter setting out my symptoms etc.
Unfortunately Sept 2008 was the start of the decline in my industry (construction industry) and as I was already out for some rime since my illness and no longer had a client base of any real value I struggled to keep up and only made the 1st payment of £75 and subsequent payments of £100 and £50 before lack of work and hardship intervened (total £225.00).
Fast forward to today and Bermans are taking me back to court in 5 days seeking a money order for £997.57 and interest to 12 sept 2008 of £111.29, additional interest from 12 Sept 2008 to present for £166.95 and costs of £290. They also want additional costs on the 15th for £247.
Before the last court date Bermans refused to answer any of my letters etc and wrote to me 8 months ago saying they would recover the van. However they have obviously sent someone round to look as they are now seeking a money order as they obviously realised that taking the van would aonly add to the costs.
There are a few issues I need help on:
1. At the time of the original court date I couldn't find documentation to back up my claim that all I owed was £615.85 but now I have found the letter from RCI stating that the total amount was £17093.51 and the paid up amount was £16477.66, leaving the £615.85 as I have already stated, not the £997.57 as stated in Bermans submission to the court.
2. In Bermans Court submission of Sept 2008 they included a very poorly photocopied copy of the signed agreement. I am now sure that this is forged in that my signature from correspondence either to Bermans or RCI after the date of the agreement has been put onto the photocopy or document issued to Bermans. I have a copy of the original front page of the agreement and they do not match in placement and style. How can I now pursue this obvious fraud? Is called fraud in the factum or something?
3. I paid the £2344.79 deposit for the agreement by credit card but looking at the CCA act it states that only a bank note or cheack can be taken by a creditor in discharge of any sum payable CCA S123. S124 talks about consequence of breaches to S123. Does this make the agreement unenforcable or help my case in any way. I have no intention of deliberately not paying but I only want to pay what I owe which is £615.85 and I've already paid £225 off of that.
4. Since I have already paid £225 regardless of the other issues how can I stop the case on the 15th (5 days) from going ahead or get it postponed whilst Bermans and myself work through these issues. I am in a situation where I can afford to pay immediately to Bermans (I suppose without prejudice) £800, which is £83 short of what they originally claimed but a dammed lot more that the £615.85 the RCI documentation says I owe.
I cant pay more than £800 at the moment. This amount already is likely to mean I am late on other more pressing payments I need to make to live on. but will this be enough to put a stop to the proceeding whilst I make counter claims to Bermans and explore the obvious Fraud in the court documents filed and the other issues such as the deposit and the enforceability of the contract.
I'm sure there are other issues but any immediate help with getting a postponement would be a great help. Obviously any fees I would have to pay to the court reduces the £800 I can pay to Bermans immediately.
Also I desperately want to avoid additional costs of £247 in what is already turned out to be a doubling of the original debt through miss statements and obvious fraud not withstanding my role in this farce.
Again I'm sorry this is so long and my apologies that there are only 5 days (4 tomorrow) but I still suffer from some degree from depression and big issues like this make it worse hence lateness. I will be so fantastically grateful for any help or suggestions.
Nick
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