Termination and issuing of a default

[orfoster]

Re: Termination and issuing of a default

The case that I found (Chartered Trust Plc v King (2001) WL 172107) suggests that in the case that taking the car wasn't right anyway? Even though it appears consent was given this person was away when it was taken. It was similar in this case, given she didn't sign and normally would have. That's my thought anyway.

Effectively we are looking for ammunition to get the default taken off the credit file.

[Guest]

Re: Termination and issuing of a default

I see, in that case I cannot help, the default marker is a record of payment, if payments are missed the marker must record the fact correctly, the creditor cannot legally remove them unless you can show that the payments were made or not due.

Good luck

Andy

[orfoster]

Re: Termination and issuing of a default

Hi Andy,

I understand the position, in terms of negotiating something that's what I'm getting at. The fact is that the car was taken unlawfully and as you said it would be down to the courts opinion as to whether it was or not and we are clear that it was hence the fact they have nothing signed, the danger for them here is that we could reclaim all payments made thus surely making default null? Or simply remove the default of CRA's.

In the case I've mentioned above it is the same situation where the court took a view which is something we would rely on.

Hope this clarifies things.

We aren't arguing whether we consented to the car being VT but that they took the car in an unlawful way.

O