ok i wrote to shoosmiths again and politely asked them to get a move on, and giving them till the 17th august to do so. now they have responded with a little more fire in their belly. i find their response a little confusing to say the least, looks like i'll have to take the bull by the horns and take them to court. any suggestions greatly appreciated. dave

i am a little confused with this one regarding "in the NEAR FUTURE" ????? any suggestions would be greatly appreciated dave

and then i got a reply from shoosmiths solicitors on the 23rd May 2012 saying we write further to the above matter and confirm that lombard north central plc have furnished us with a copy of your letter dated 1st May 2012, the content of which is noted. We confirm that we are reviewing the position with our client and anticipate being in a position to respond in the near future. In the interim we would be grateful if you would please refrain from issuing court proceedings dave

ok its been a while but i have been snowed under with work. i snt lombard a letter before action LETTER BEFORE ACTION 1st May 2012 Vehicle Registration: xxxxxxx Agreement Number: xxxxxxxxxxxx Case Number: xxxxxxxxxxx Dear Sir/Madam With reference to the above, Lombard North Central Plc, is now liablefor the return of the following: (1). Return of all instalments paid on the above agreement = £ xxxxxxxx (2). Return of all monies received at auction for the above vehicle = £xxxxxx (3). Return of deposit paid on the above agreement = £xxxx (4). 13.8% contractual interest as per the above agreement = £xxxxxxx SUB TOTAL 1 =£xxxxxx (5). Cost of a replacement Vehicle at the same spec and age of the abovevehicle (when it was repossessed). = £xxxxxx SUB TOTAL 2 =£xxxxxx (6). Return of Hammonds Uk (Agents) fees = £xxxxxx SUB TOTAL 3 =£xxxxxx (8). My wasted costs Due to your discontinuance of the above case,calculated at 2/3rds of your costs (as per summary judgement £XXXX) = £XXXX TOTAL = £xxxxxxx I hereby give you 14 days upon receipt of this letter before action inwhich to respond. If I do not receive a reply by 4pm Thursday 14th July 2011, Ireserve the right to instigate court proceedings against Lombard North CentralPlc, without further notice. However: In order to save time and costs, I am prepared to accept a oneoff (full and final) payment of £20K+ iSH If Lombard North Central Plc accepts the above offer within the timeframe set out above, I am also prepared to waive my right to pursue LombardNorth Central Plc for the entire loss of my business. Loss of earnings, Loss ofprofit, Nominal Damages, Special Damages, etc). I look forward to your reply Yourssincerely CAB1ne dave

"Nice" dave

i actualy qualify for fee exemption, would that count for any court or just county court. dave

it most certainly does, and thankyou very much for your input. looks like ive got my work cut out dave

i am sooooo glad that is only an example. i take it from the above example the POC has to mean what it says on the tin. dave

thanx for the reply dave

thanx for the reply andy dave

Hi all, Just a little background. 2006 I purchased with the aid of credit a vehicle for the sole purpose of setting up my own taxi business (sole trader). Everything was going quite well. 2007 I allegedly fell into arrears, FOS complaint (useless). 2009 Link financial became involved. Created havoc then bottled out 2010 Shoosmiths became involved. More havoc and started court proceedings against me. I would appreciate your help and advice on setting out a Particulars of Claim please. I’m will most likely have to take a creditor to court in order to claim back all monies paid on an agreement (From 2006) and a replacement vehicle (they repossessed the original one) or compensation to the value of. February 2011 Creditor took me to court for summary judgement which was…..DENIED I argued Wilson v First County Trust, to which the judge agreed. And told them that due to the conditional sale agreement being pre April 2007, lacking in prescribed terms and several other issues that came into play the case was set for fast track. The creditor then decided in May 2011 to discontinue the entire claim for commercial reasons. I wrote to the creditor in June 2011(Letter Before Action) asking for the following, Return of all instalments paid on the agreement Return of all monies received at auction for the vehicle Return of deposit paid on the agreement Contractual interest Cost of a replacement Vehicle at the same spec and age of the vehicle (when it was repossessed February 2010) Return of Agents fees Wasted costs And surprise surprise, not a sausage So I have sent them a little reminder today giving them another 14 days in an attempt to get some sort of response, (I wont be holding my breath) Any help you can give would be much appreciated. Dave

Oh, and make sure you give them the old account number / adress the cr*p belongs to. dave.

take all the cr*p back to your nearest o2 shop, get a reciept "DONE" dave.

"wow" what a carry on this is, i do wish you well in this fiasco and hope you achieve the result you are aiming for, just to throw you another spanner into the works, that may be of some use. section 74 "the law of property act 1925" and all its ammendmants (Regulatory Reform (Execution of Deeds and Documents) Order 2005 (2005 No 1906). with regard to the deed of assignment, after reading it several times i think the deed itself might be "toilet paper", wether it be a COMPANY, CORPORATION, INDIVIDUAL or by POWER OF ATTOURNEY, any instrument or document that is to be a deed, MUST be done so by so signing it in the presence of a witness who attests the signature”. An attestation clause is frequently found in legal documents that must be witnessed if they are to be valid, for example, a will or a deed. It states that the instrument has been completed in the manner required by law in the presence of the witness who places his or her signature in the designated space. this is what i can make of it, maybe someone more qualified could clarify this a bit more clearer dave

If a creditor has been in regular contact with a debtor during the 6 year period before it became statute barred, then we do not consider it unfair to continue to collect the debt'' you need to note the word BEFORE. however when it is statued barred and they still chase you for the debt, that is all they can do dave

"LMFAO" also, check out carey regarding varied agreements "DOUBLE STUFFED" or what dave

i never was good at maths dave

hi katnik. i had the same problem with halifax, demanding a shortfall of £26,000 after reposession, i ignored them aswell, and guess what ????? mortgage debts fall statued barred in 12 years (not 6) and guess what ???? i saved £26,000. 2012 could be a good year for you and your son (if you knew were he was). dave

thanx BD dave

i know it is "but" iam quite confident of a decent result, and very nervous all in one dave

thankyou cerb "that was quick" and citB (ignore my message) dave

can this thread be marked up as **WON** please so i can move on, after a lot of consideration and loads of reding up on recent cases (regarding pre 7th april 2007 agreements) i have decided to take them to court and change my status to claimant. new thread will be started soon. a great big THANKYOU to all the caggers out there with all the help they have provided. dave

ABSOLUTELY "BRrrrrrrrrILLIANT" DAVE

Errrrrm!!!!!!! confusing i always thought, as a defendant iam supposed to defend against a claim. Iam pretty sure the judge has got this ar$e about titt. the court is ordering me to re amend my defence and then ordering the claimant to reply to my defence with a claim. Even with me raising further allegations at the hearing and the judge making it perfectly obvious that he wanted it doing properly, he should of ordered them to re submit there claim first and then i submit my re amended defence. dave

not quite right dx, they can not repo off private property without a court order, section 92 cca 1974. the 1/3rd rule does not apply. dave