yes, noticed it last year when i checked my credit file for the first time in a good few years! (it's three years old) and i didn't even know i got it! so i want to go and defend myself as not only is the agreement crap, the default notices don't comply, and the vehicle was actually a lemon which i surrendered and stopped paying.

Hi all/Postggj, Got a date for a hearing for my judgement to be set aside.........apart from what went on the N244 form and what i got from the SAR.....what should i be concerntrating on at the hearing.......how do i go about explaining the agreement is crap?? What i'm hoping for is no-one for Yes Car even turns up!! (that's the easy option) My hearing is 21st April at 1230 Any advice for the hearing greatly appreciated..............

right quick update, due to work and other problems over christmas, finally got round to sending the pack to the court, couldn't send it to my local court, as it had been dealt with by Northampton BCC, i received a notice from them this morning :- "To all parties This claim has been transferred to the ******* County Court for that court to deal with the defendant's application for judgement to be set aside. That court will send you and the other parties notice of the time, date and place of hearing." i'm hoping it won't take too long. I'll keep you updated.

No, no wasn't implying that or 'aving a pop, just stating that they wouldn't be able to wriggle of saying it if it went any further as it's sooo documented

the procedures haven't changed, i've got this from him word for word, the note taker took down, i took it down and my friend so it's all there! I haven't heard yet, i'm looking for another job and the woman who's taken all my duties has now been made Office Manager! although it hasn't been officially announced, she introduced herself as this at a meeting, so i'm out of there whatever the result, and i will be making a claim, don't care how long it takes, although if the above is anything to go by, i reckon there solicitor will settle before then anyway!!

Right got all that.

just reading the regs you posted a while ago, i've copied and pasted it to a blank word document, but i'm just reading through it again, does it need editing or is it good as is?

same as the SAR - Horsham RH12 2RG? i've put in the defendants name box as well.

Finally, have i got send anything to Yes Car or do i put ther address in the defendants name on the top of the form

Right-o thanks very much for this post, i'll get this filled in and i'll check back on friday. :)

Post this looks great, quick questions The regs regarding the defauts can i cut/paste them into sec 10 on the form or simply print out and attach seperately? On the form on sec. 10 what am i relying on? 'the evidence set out below' ? And also i want this heard by a district judge yes? and who should be served with this application? I gather from the notes that all i need to put in sec. 3 of the form is: i wish to aside this judgement because i believe i wasn't given an oppurtunity to defend myself?

Yes i need the letter and how to fill in the form as well,, and a little advice on how to contact CRA's afterwards and how long the whole process is likely to take?

Midden, i had trouble in the past meeting my commitments with the car due to living and paying for two places at once (long story!!) but anyway, just as they were repoing the car i paid over £900 in arrears then a couple of weeks later the car broke and no-one (not even the allocated repair centre) would touch it, so it sat on my drive and i refused to pay ( i'd had the car less than 12 months) then they finally repo'd it about a month later.

Hi post, my eyes wee heavy too, so i hit the hay. to continue... I've got an N244 form downloaded already, i want the CCJ set-aside, i'm fine with paying 75 quid. like those regs.

Thanks Midden/Post Notice had my name and address on, doesn't have DAF/Yes name or address just a telephone number and fax number at the top. the date of the Default notice is 17/02/2006, can't remember when i physically received it through the post. just been through the bundle again and found a second default notice, dated 04/08/2005 same layout no address for Yes/Daf on the notice i will post this if you need to look at it, but it is exactly the same layout as the one posted.

dated 17/02/2006

Above is the credit agreement, and both pages of the default notice Yep. would like this set-aside please. took ownership of the car on 28/01/2005 car was repo'd on the 27/03/2006

after speaking to you on this forum i've got back everything that DAF has on me as per the Subject Access Request

Yep. Had a car with Yes Car Credit, i defaulted a couple of times, and ended up paying them over £900 in arrears, then shortly after that the car suffered a major breakdown, i'd asked Yes at the time of purchase for 3 yrs breakdown, but when i took it to Nationwide repair centre they refused to fix it, i stopped paying and signed and returned a surrender notice, they came to collect the vehicle, had a few letters from them asking for the money, then DLC got involved, issued another default notice, then i changed jobs, i faxed DLC from work telling them that under the sale of goods and another act, i will not be paying for the vehicle as it was not fit for the purpose (didn't even have it for 12 months before it broke) i moved house shortly after that......3 years later tried to get a mortgage and found that DAF had got a CCJ against me, i checked my credit file and there it was, i received no paperwork relating to court or i would have gone to court and explained this to the DJ and i would have won! but i wasn't given the opportunity. this is preventing me from getting a mortgage, and may prevent me from volunteering with the local police

Hi Midden, not my real name, postggj has been spot on so far, and i've been pm'ing as well, but it's the usual story if you're good at something word spreads and you become very popular...i can appreciate how busy he is. i'll bear the site team in mind but i;m prepared to wait a little longer for him, as i believe it'll be totally worth it in the end!

Loads of stuff, i've uploaded some to photobucket if you need to look at anything let me know and i'll post the link Daf contents picture by philballard30 - http://i928.photobucket.com/albums/ad121/philballard30/DAFcontentspge.jpg also theres an account summary, an events record (screen dump of everything the company has done with me. a quality assurance checklist, a payout checklist, the finance application form, copy of credit agreement. BUMP Bump.... i must emphasise that there is an application in with a constabulary and it's in the initial stages...they don't take too kindly to their potential officers having CCJ's......the CCJ in my opinion was issued illegally as i've checked with Northampton BCC and they've told me the date of the judgement and i would have moved house by then.... and anyway i would have been prepared to go to court to defend myself as Yes Car Credit sold me a lemon which broke within the first 12 months and no-one would repair it even though i bought extra cover for mechanical breakdown. i'm very much prepared to pay the £75 for this and stand in front of a DJ for it. Still here Post

Ok Post, 'Yes' have finally got back to me, i'm at work at the moment but an envelope has arrived today, what should i be looking for or what's my next move?

Well, it's been nearly a month ( i sent the SAR on the 11th of Aug, was recieved by Yes on the 12th) and i have had no correspondence, nothing to say they've received it or even that they're having difficulty finding my records! (this is gonna be easier than i thought!) i will keep you posted, countdown until the 23rd Sept then that will be 40 days gone!

Ok Post, i've read that thread and i've put together my SAR, i'll send it tomorrow, registered with a £10 po

Thanks Kh41, mines sitting at Northampton BCC as £6.5k ccj, thought something didn't sit right so i checked my CR and there it was!! i'm trying to, but i think i might be able to prove i was living elsewhere when the ccj was issued.