posting on behalf of family member who has court case (allocation??) tomorrow WEDNESDAY
Looking for real quick pointers and advice on what they should say or do at the hearing ... no real idea what an allocation hearing is ?
They say all figures are different that they received compared to the package sent to the courts
Details ....
They are in a dispute with RCI Financial services (Nissan, Renault)
Purchased a car in April 2010 for £13,500, paid instalments until needed to change payment date from 2nd to 28th this was agreed however RCI stated that we had missed one payment and owed £300,
In September they took the first payment from the new agreed payment date of 28th in October they decided not to continue the contract
In October they issued a default notice and termination notice and in November they proceeded to use a company called Anglia to snatch back the car.
(Not sure if Default Notice was ever received by them but in SARs documents that they requested)
The car was snatched back from private property proceeding to break into the car, this was against the 1974 consumer credit act ?
In March 2011 they sold the car in auction and stated they received £8,500 from the auction they then issued court CCJ action to recover “repudiated” damages for £16,500 minus the £8,500,
We ended up with no car and a damage claims for default of £8,000, they claim repudiated for all
Facts
1) RCI are extremely difficult company incompetent in managing HP contracts, very aggressive and not able to negotiate with.
2) RCI use the repudiated contract clause to extract damages
3) RCI are not interested in any form of negotiation
4) RCI employ Anglia recovery who use lies and misinformation to recover vehicles
5) RCI are now pursuing court action and use Solex solicitors who again do not want negotiation they want f=damages and costs
Avoid this company do not use for the purchase of Renault or Nissan vehicles
Any help much mich appreciated
Merc