kittiej
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Hi guys Sorry I've been busy with claim forms and witness statements. I've sent everything off to the court now and a copy of my witness statement to BH as well. They are trying to tell me that the first loan wasn't rolled over into the 2nd but I've got the internal sheet from the dealers showing that this did happen. Their solicitors are being quite smug about it all, I wonder how they will react once we get to court lol. I did pick up on the point in their witness statement so put that in my defence, their 'Claimant' turned into 'Claimants' further down in their ws and as legal professionals they **ought** to know what they are doing! thanks.
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Can somebody tell me if I can refer to the content of the witness statement they've sent me as well as poc please? I have a problem with the witness statement which probably isn't a big issue in the grand scheme of things but will make BH look a bit simple lol.
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I didn't get an acknowledgement of service and the court date is 12th dec. I just had a claim form, I don't know if this is because it is a vehicle repossession. Thanks
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The claim was dated 14th nov and there was no letter before action or demand for payment. The dn says to pay arrears before 6th nov and not by the 6 th if that Makes a difference - I don't know Thanks citizen b
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Thank you
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Thanks Ford The Poc has the 18th stated as well which would make it 2 days out perhaps so maybe with the confusion on the DN and the poc the J **might** not look too lightly on BH. They didn't send a letter before court action either so I will contest their costs too. Just to edit, dx asked how the date was set out, does this matter? I can't see anything in the document I read on this thread. Thanks x
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Thanks Ford x
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No a Pass-it
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Return of goods after termination of agreement Parts 1 to 6 their details, my details, car details. parts 7 to 9 amounts payable, amounts paid, unpaid balance (did you need to know these?) part 10 (interestingly) A default notice was served by 2nd class post on 18th October (DN says 17th) part 11 the right to demand delivery accrued on 9th November part 12 Amount claimed as alternative to delivery of goods £6015.11 part 13 Amount claimed in addition to delivery of goods £1872.31 AND THE CLAIMANT CLAIMS A) An order for delivery up of the goods as detailed in item 6 B) The arrears of instalments and half total amount payable under the Hire Purchase Agreement and balance due under Loan Agreement item 13 C) The costs of this action. Statement of truth dated 9th November 2012. So are they saying I received the DN on the 18th or that they sent it on that day? Thanks
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Thanks x
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Sorry dx I wanted to check the dn out as I received a copy in the witness statement today. I can't read the pdf on this computer I'll have to try the other one. The dn says 6th November 2012 and not 06/11/2012 The actual agreement doesn't have a date. Thanks
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The term was 60 months and I'm 41 months in. The car has an inherent fault which i found out about 14 months into having it (an injector failed which i had to pay out for) BH didn't want to know and said it was probably due to wear and tear and they weren't responsible due to a reasonable amount passing . I wrote back and said no I disagree and they said get a report done which i couldn't afford so I left it at that. This saturday I had a letter from VW to say my car was part of a small batch affected by a production fault so it wasn't due to wear and tear. I have been scared to death to drive the car since the first injector went and have not enjoyed using it one bit - I digress sorry
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Not that I can see with the DN, the agreement hasn't been signed on their behalf and there isn't a date either. I was told I would get a free warranty because I previously said I didn't want one but guess what - it's in the agreement and I've been charged for it and there's return to invoice insurance on there. I had an agreement on a first car and when there was about £900 left I got this car however they just told me 'we can sort that' instead of telling me they were adding it onto this agreement. So the fact they 'could sort' the first lot of finance out, were offering me their version of the £2k scrappage scheme and a free warranty as well enticed me to buy this car
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thanks Ford Black Horse state it was sent 2nd class in the particulars of claim and witness statement so they admit it themselves
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It's for car hp. I've got to hand in my defence by the end of this week and the DN is in the POC. They are after possession of the car so wondered if this dn is defective? Thanks
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Hi i need a bit of help please. I've had a default notice which was dated 17th Oct (Weds) and sent 2nd class. It states that the arrears must be brought up to date before 6th Nov and then says a bit further down that I should bring my account up to date before the date shown. So service = 4 working days after date of notice = 23rd Oct and there should be at least 14 days as I understand it. Am I correct in thinking they have only allowed me 13 days? Please help.
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Hello People I'm being taken to court for the finance co to get possession of my car due to missed payments. I have a couple of issues which I would like someone to clarify if possible please. (Bear with me it's a case of one HP agreement forming part of the current one) Previous car loan was applied for by OH and all negotiations were between him and salesman. OH couldn't get credit so over the phone salesman asked me if there was anyone elses name he could use as we would lose the car otherwise. Reluctantly I gave mine - doh. I was asked to sign some forms and we had the car. I had no idea what the payment terms were at time of signing since OH had agreed the terms not me. (Was this mis-sold to me because of this? It was late 2005 and I had no pre loan info whatsoever either) FFwd 2009 bought another car with £1000 owing on first car. "Not a problem, we can sort that out" says the salesman. I was asked if I wanted a warranty, 'no' I said. Next day I had a call to say 'new loan is agreed and we're throwing in a free warranty'. Great I thought, this is persuading me to def take the new car. I'm now being taken to court as I said so after looking at my HP agreement and other paperwork it turns out the warranty was not free and the RTI insurance was only for a couple of years but I am paying over the life of the loan which I didn't know. So can I counterclaim the warranty, RTI insurance, late payment £30 fees, and the £1000 added onto this agreement from the first agreement since I wasn't told that this is what they were going to do? Had I known I would not have gone ahead at that point, I would have waited the extra 4 months and paid off the first agreement because what is 4 months when the first agreement was over 4 years? Can anyone offer any advice since I have 9 days left to file my defence. Thanks
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My Dh received court papers for a small loan from a local cheque cashing / loans office in 2011. Originally he had cheques there but because the office was closing they said he would need to convert them into a loan and gave him a payment book for a local bank. the brief details of claim says ; Failure to maintain payments on unsecured loan(s) the particulars of claim says ; Balance of account numbers xxxx(x) 525.20 Looking at his loan agreement there is a box for them to have put a start date but it is blank. My DH signed (but not dated under his signature) and their assistant signed and dated their part of the agreement. They have not sent any default notices or termination notices ( did they have to?) instead they have gone straight to court. He wasn't given any information about the loan so he could have a think about it first either. Can he defend on the fact that due to no date how does DH know he's in arrears? DH did make a couple of payments but these were for much more than the amounts on the agreement. There has been charges added on but DH has no idea how much as he's never had a letter. Any advice greatly appreciated.
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Letter of PPI compensation from Welcome
kittiej replied to kittiej's topic in Payment Protection Insurance (PPI)
Who knows Lulu? -
Letter of PPI compensation from Welcome
kittiej replied to kittiej's topic in Payment Protection Insurance (PPI)
The thing is it doesn't actually tell me in plain writing that they are going to backdate the agreement. There is another part where they say the compensation will be minus the 2 payments I owe currently with the PPI, but if they do a restructure then I won't actually be in any arrears and will have overpaid by 1227 but they want to pay me 848.37 and I'm not sure this is correct. -
Welcome Finance - This company needs to be banned.
kittiej replied to tightbum's topic in Welcome Finance
http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/270776-letter-ppi-compensation-welcome.html Would someone be able to look at my agreements re my claim and offer of compensation for mis-sold PPI with Welcome. Thanks -
Letter of PPI compensation from Welcome
kittiej replied to kittiej's topic in Payment Protection Insurance (PPI)
I'm trying to upload these letters. I got it to work then! OK the first is my existing loan agreement, the 2nd is the new loan agreement they want me to sign and the 3rd is the letter they sent me. Would someone kindly take a look and give me their opinion? I'm not happy with signing a new agreement as it says 48 months for a start and I'm already 24 months into my existing agreement.
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Letter of PPI compensation from Welcome
kittiej replied to kittiej's topic in Payment Protection Insurance (PPI)
lol at dx -
Letter of PPI compensation from Welcome
kittiej replied to kittiej's topic in Payment Protection Insurance (PPI)
OK will have to try later as can't get to the scanner atm -
Letter of PPI compensation from Welcome
kittiej replied to kittiej's topic in Payment Protection Insurance (PPI)
So on the info they send me should it actually say restructure and not CCA agreement?
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