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nikkikitch

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Everything posted by nikkikitch

  1. even though i didnt receive any documentation about the ccj, its their word against mine about if it was sent or not though isnt it? I imagine a lot of people claim they havent received documentation, some genuine and some not! How will the court decide if im telling the truth!? (which i am!)
  2. Hi This is what happened.... So the original bill was dated 27th March 2009. I was then made redundant and moved home to my parents. I assume reminder letters were sent to my old address as i never received any communication. The first letter i received was on 2nd July at my parents address to which i responded with an email. I used the email address on the letter, but never received a response. I then called the office on 23rd July as i still hadnt received a response , which has been acknowledged in an email , to check the email address and the amount owed. I asked for this in writing, but again never received anything. I didnt receive any further communication on the matter until after i had moved out of the property when my mother informed me an enforcement officer had attended her property on 14th October. It was at this stage that i contacted the office again to clarify who was now in charge of the account and to get an explanation of the charges applied by the enforcement officer. I also offered to pay by instalments but wasnt happy paying extortionate charges. They had added £500 on for one visit, which i heavily disputed. It was at this stage that i found out that a ccj had been awarded of which i had absolutely no communication about. I emailed the office to dispute the matter and because i decided to dispute, the office wouldnt accept a payment plan of instalments. Because i didnt receive any written communication i wrote and asked the office to clarify where they had sent any letters and they wrote back saying they had been sent to my parents home. The office wrote to tell me that apparently 'chase letters' were sent to me on 27/04/09 & 21/05/09. A Claim form was sent to the County Court for issue on 01/06/09.On the 22/06/09 she sent a request for Judgment in default to the County Court. Judgment was issued on 24/06/09. During the telephone conversation on 23rd July, at no point was i informed that a ccj had been awarded. Its also interesting that i have a detailed breakdown from the office of their communication and their letter of 2nd July which is the first letter i recieved, isnt included. So are there any grounds to set aside the ccj? Thanks
  3. Yes i was suprised too. They applied for the CCJ very quickly too. what can i do once i have the breakdown of fees? and what is deemed acceptable in terms of their charges?
  4. Hi again Yes a CCJ has been awarded. The DCA is Andrew Wilson & CO,High Court Enforcement. I have had a number of letters that have been hand delivered demanding payment and every time the cost has been hiked up. I am disputing the charges applied as it does not cost the bailiff £800 to make 3 or 4 home visits! The last letter they posted says unless i contact them within 7 days to make an arrangement they will advise the claimant to apply to the court to make me bankrupt. So does that mean they will pass the account back to the claimant? If so, i would be in e a better position to negotiate?
  5. Excellent, thanks so much! ill scan the documents tomorrow so you can see. Fingers crossed!
  6. Hi I was made redundant last year and was unable to pay some solicitors fees that totaled £800. I have since gained employment and am slowly trying to catch up with my debts. The solicitors debt was quickly passed to a High Enforcement company who have added an additional £800 of charges to the account! I think the charges are completely unreasonable so as yet, havent paid anything back. I had a letter through a few days ago saying if i didnt make an arrangement then they would advise their client to apply for a bankruptcy order against me! Can they do this? I have always said, i will pay back the original £800 owed, but will not pay £800 in charges as i simply cannot afford it. As it now seems the account is going back to the original source, can i approach them and offer a settlement figure? OR can i freeze the charges placed on the account by the bailiff?
  7. Brilliant so that sounds like its void then. Sorry you didnt mention if it was stamped within the correct amount of time? So if the agreement IS void, where do i go from here? Can i just give the car back and would i be entitled to my repayments paid so far to be given back? Thanks
  8. Ok, so the BOS states 26 % INTEREST but no APR figure, and the CCA states 26 % interest but 51.9 % APR. I know the two are different things arent they, but no mention of APR on the BOS....
  9. Hi i dont have access to a scanner today but will do tomorrow. I purchased the car on 21st Dec and the BOS is stamped on 29th by the high court of justice. Having read some notes on 'clear days', i think it might be valid as clear days dont include the day of commencement and the day of completion, is that correct? The other thing i have noticed is that in the main body of the BOS, it has the interest rate at 26 % but not the APR at 51.9 %. The APR IS however included in the CCA. Any help whilst waiting for the documents to be scanned would be appreciated?
  10. Hi I have receieved my bill of sale from Cygnet and it was stamped 8 days after the sale. I know its meant to be in 7 days, but it was over the Christmas period. I bought the car on 21st December and it was stamped on 29th. Is it still invalid, would Christmas day not be counted? Thanks
  11. Hi I stupidly bought a car from Cygnet finance before xmas as my old car died and i quickly needed a new one. Anyway, its a 2 l and is costing me £250 in fuel and £240 in finance. I cannot afford the payments anymore and so i thougt if i sold it, i could pay off the remaining finance, but the settlement figure, which they have been very cagey about giving me might i add, is more than the car is worth! Is there ANYTHING i can do. I do not want to be and cannot afford to be be tied into this arrangement for much longer and i dont want to just stop making payments as it will affect my credit rating (which i was trying to repair by having car finance) and it will cost me more in charges etc. PLease help!? N
  12. Hi I can see there have been a number of posts about Cygnet and ACF. Sorry to go over old ground, but after reading all posts, its still not that clear to me what the options are with this company in terms of reducing payments or handing a car back. I bought a Mazda 3 Sport in December 2009 and have had nothing but problems with it. Firstly, the car was recording incorrect mileage and now, the exhaust sounds like its going to fall off, plus im sure the fuel consumption is ridiculously high, it costs me over £200 in fuel! Its a 2.0l engine but after working mileage and fuel out against other similar cars, it still seems very high. For example, £10 buys about 8 litres which gets me about 42 miles. ACF have refused to do anything about any of the repairs as i couldnt prove they were there on purchase. I simply cant afford to keep the car as my payments are £240 per month plus £200 fuel then add to that insurance and tax, its too much! So i want to know where i stand. If i simply cannot afford to pay and stop making payments, will Cygnet seize the car and how much of the remaining balance will i be liable for? I have only had the car for 5 months, so presume i cannot just hand it back? Can i reduce my payments for a certain amount of time? Can i settle the finance early, if so, do you only pay the outstanding finance and not the interest? I really should not have been so ignorant upon buying the car, but it was a rush purchase as my old car died and i quickly needed a new one. Thanks in advance for any help.
  13. Hi I bought a new car with Cygnet before Christmas. I made the purchase based on the knowledge that i would be receving a lump sum of money in January. Unfortunately that fell through and i am now struggling to pay and the car costs me a fortune in fuel. The arranagement in place is a credit agreement backed by a bill of sale, so is NOT a hire purchase arrangement. Because i did not receive the money i was expecting, i have been left with a number of debts that i need to clear, so i thought of selling the car and paying off my debts which would make it easier for me to pay the car finance company every month, so essentially it becomes a loan rather than car finance. Im not sure of the lagalities, but surely if i continue to pay the company as i would if i had the car, they would never know? Any thoughts on what would happen in terms of legal implications would be great! Thanks Nikki
  14. Hi Im starting to really panic about this whole thing! I have my court date set for the 7th March at Salford County Court. I have no idea what information i need to send to the courts before the case or what i need to say on the day! Ive also just realised that all of my letters to Abbey have been deleted off my computer because i had to wipe it due to virus!! Abbey did the usual of giving me half of my claim back , then offered me a further 25% before christmas which i turned down. Can someone help me and tell me what information i ned to send or if its worth trying to contact Abbey to settle again? Ive read somewhere about a James or Inga? That have been contacting people to settle? PLEASE HELP x
  15. Hi I had sent the LBA with schedule of charges to which they responded with their standard 'sorry you arent happy' letter, i wrote back again to say that it would be my final letter and then about a week after that they paid the money into my account! regards x
  16. Hi all, Many thanks to this site for getting me to this stage, but now im unsure as to what to do! Ive followed the procedure up to the point where my bank (Abbey) have payed £514 of the £938 they owe me straight in to my bank account. I have written back to them saying i do not except this as settlement and i do intend on claiming the outstanding amount. They havent got back to me in the 14 days allocated, so what should i do now?? Thanks very much N x
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