Cab1ne-Lombard-Shoosmiths **Claim Recieved** - ***WON***

[cab1ne]

Hi pt

thought i would mention i bought the vehicle (taxi) from cab direct and had 2 pay £500.00 deposit, the finance was arranged by them with Lombard.

[cab1ne]

bump

[cab1ne]

could anyone please advise me about the breaching of sections under the consumer credit act 1974. (pre april 2007)

 

ie.

unenforcable agreement, (the dates of payments are missing)

prescribed terms

s61(1) (0)

127(3)

 

invalid default

invalid termination

 

A Default Notice from what I understand must pass the requirements of section 88 of the Consumer Credit Act 1974, and the period of 14 days is an express requirement of section 88(2).

Also without section 87 in their back pocket they cannot demand the early repayment of a sum that was due after Termination.

But, provided they have a compliant and properly executed Agreement they would only be able to claim for any sum that was due before and up to the date of Termination, such as any valid Arrears.

 

So what are the consequences if they do not have a

Compliant and properly executed Agreement.

 

second invalid default and invalid termination:mad:

Edited April 25, 2009 by cab1ne

[cab1ne]

a bit more detail regarding hammonds uk

 

Friday October 12th 2007 and Hammond’s Uk debt collection agency acting on behalf of Lombard north central stating i must pay him £1299.42 plus their fees totalling £1839.86. After escorting him off my property, I then asked him to show me his paperwork from Lombard, the paperwork clearly stated get the money or repo the vehicle. At this stage he became very abusive and aggressive, so i called the police to prevent a breach of the peace. As i was waiting for the police to arrive I told him to go away and get a county court warrant to which he replied "I don't need any". The police arrived at this point and asked me what the problem was so I informed the police that if the vehicle was parked on the public road he could have done whatever he seemed fit, as it was parked on my drive he has no powers at all to enter my property they need to apply to the county court for a warrant to be issued to enter my property and It is the County Court bailiff who has the authority to enter my private property not him. So he went into the back of his van and pulled out a wheel clamp and the police officers said “STOP” checked his paperwork and told me his paperwork was more up to date than mine and i had to let him on to my property and wheel clamp or remove my vehicle or i would be arrested for breach of the peace "gob smacked". After clamping my vehicle the agent replied, get the money give us a ring and we will remove the clamp.

They returned on the 18th October took the money took the clamp off and even tried to get me to sign a new direct debit mandate. ???

[postggj]

Ime Going Through This One Step At A Time As There Are So Meny Issues

 

Send Hammonds An Sar

 

It Will Be Lombard Who Will Have To Deal With This, Hold On, Lombard Dont Exsist Anymore, I Think It GE Capital Now,

Any Way

 

Hammonds Were Acting Under There Instructions, So Lombard/capital Will Be Liable

 

I Cant Understand This Biz Of An Extra 500 Quid Fees,

Seems Baliff Fees But Hammonds Ar Not Baliffs So Hammonds Would Get There Cut From Lombard, Not From You,

 

Get The Sar off To Hammonds To Find Out Exactly What Was Going On

 

Well Iffy If You Ask Me

[cab1ne]

RIGHT THEN

 

HAMMONDS UK ARE JUST A DCA

 

I AM JUST TAKING POT SHOTS

 

DO YOU STILL HAVE THE CAR YES

 

IF NOT, DID YOU GIVE IT TO THEM VOLUNTRY

WHERE WAS THE CAR WAS CLAMPED, WAS IT ON THE ROAD OR ON YOUR DRIVE ON THE DRIVE

 

HOW DID THEY ENTER YOUR PROPERTY THE POLICE SAID I HAD TO OR THEY WOULD LIFT ME FOR A BREACH OF THE PEACE

 

HAD YOU PAID A THIRD OFF THE VEHICLE NO

 

JUST GETTING A BACKROUND BUT THIS IS A SERIOUSE NO NO WHAT THEY HAVE DONE

[postggj]

A Complaint To The Local Chief Inspector Is In Order

 

No One Can Enter Your Home Uninvited

 

Why Did They Need To Enter Your Property

 

I Feel Before We Can Get Anyware The Sar Must Be Sent, That Will Give The Full Picture Then

[cab1ne]

DCA RECEIPT

 

Edited October 23, 2009 by cab1ne

[postggj]

Bloddy Hell

 

You Paid Out Near Enough Two Grand On That

 

Seriouse Now

 

Common Practice Not To Read Who Signed It

 

No Matter

 

Hammonds Still Liable

[cab1ne]

A Complaint To The Local Chief Inspector Is In Order WILL DO ON MONDAY AM

 

No One Can Enter Your Home Uninvited GOOD FOR ME BAD FOR THEM

 

Why Did They Need To Enter Your Property I THINK THE CLAMPING OF THE VEHICLE WAS THEW ACE CARD TO MAKE ME PAY

I Feel Before We Can Get Anyware The Sar Must Be Sent, That Will Give The Full Picture Then

WILL DO ON MONDAY AM

 

Ime Going Through This One Step At A Time As There Are So Meny Issues 100% AGREE

 

Send Hammonds An Sar

 

It Will Be Lombard Who Will Have To Deal With This, Hold On, Lombard Dont Exsist Anymore, I Think It GE Capital Now,

Any Way THEY ARE NOW PART OF RBS

 

Hammonds Were Acting Under There Instructions, So Lombard/capital Will Be Liable GOOD, VENGENCE IS WHAT THEY DESERVE

I Cant Understand This Biz Of An Extra 500 Quid Fees,

Seems Baliff Fees But Hammonds Ar Not Baliffs So Hammonds Would Get There Cut From Lombard, Not From You, NEITHER DO I

Get The Sar off To Hammonds To Find Out Exactly What Was Going On

 

Well Iffy If You Ask Me

TO TRUE

[cab1ne]

would a sar be the £1 or £10 one

[postggj]

That Will Be Ten Quid

Send Recorded Delievery Use Postel Order

[cab1ne]

That Will Be Ten Quid

Send Recorded Delievery Use Postel Order

 

will do

this has been going on far to long and i need to get some sort of closure and anything else that might come good out of it

[cab1ne]

would i need to just download a bank sar and adjust or is there several versions available

[postggj]

They Have Some Explaning To Do

[postggj]

Ime Sure A Basic Sar For Cca Agreements For Recent Legislation Is On The Forum

 

Ill Have A Look But Site Team Will Prob Post One

[cab1ne]

Bloddy Hell

 

You Paid Out Near Enough Two Grand On That

 

Seriouse Now

 

Common Practice Not To Read Who Signed It

 

No Matter

 

Hammonds Still Liable

 

will edit again

 

this is broken down into

 

2 months arrears of 2x £433.08 = £866.16 7th august 07 and 7th sept 07

1 months in advance of 1x £433.08 7th oct 07

1x late payment fee of £100.00 = £1399.24

and the rest is hammonds fees = £440.62

but lombard terminated the agreement on 15th aug 07

[cab1ne]

just refreshing ones self with all my paperwork and in my notes

i actully checked hammonds out with the S.I.A (standards industry agency) and guess what "NOT REGISTERED" so i lodged a complaint via the phone (got ref No) and the young man at the S.I.A imformed me that applying the clamp without demanding a release fee is acceptable, but hammonds demanded a payment then they would remove the wheel clamp. S.I.A said regardless for what ever reason the payment was for it is classed as a release fee and a big NO NO. i will chase that one up and let you know what they say or may have done about it. Having 2 police officers as witnesses adds a bit more clout "surely"

[cab1ne]

"STUCK" on this one???

 

without section 87 in their back pocket they cannot demand the early repayment of a sum that was due after Termination.

But, provided they have a compliant and properly executed Agreement they would only be able to claim for any sum that was due before and up to the date of Termination, such as any valid Arrears.

 

So what possible consequences could arise if they do not have a

Compliant and properly executed Agreement.

Edited April 27, 2009 by cab1ne

[postggj]

Default Notices are covered by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983. They must take a precise form as laid down by these regulations. A DN which doesn't is invalid. Where a DN is invalid then the account terminated, the creditor loses the legal right to the capital sum as they terminated the account without giving the debtor an opportunity to mend the breach that led to the default in the first place. All they can claim is any arrears that arose whilst the agreement was current. Where a DN is valid ie draw up properly in accordance with the Regulations, then the creditor can claim the whole balance of the account if the breach that caused the default was not remedied by the given date on the DN.

Failure of a Default Notice to be accurate not only invalidates the Default Notice (Woodchester Lease Management Services Ltd v Swain and Co [2001] GCCR 2255) but is an unlawful rescission of contract which could not only prevent the court enforcing any alleged debt, but would also give rise to a potential counter claim for damages where damage occurs to an individuals credit rating (Kpohraror v Woolwich Building Society [1996] 4 All ER 119).

 

 

"Having terminated the agreement and commenced proceedings on the strength of a defective DN, they are no longer entitled to revive the agreement or to serve a further DN. Your clients would need the permission of the court to commence fresh proceedings. Any such application would be opposed."

[postggj]

no executed cca

 

no debt to enforce with or with out a default notice

[cab1ne]

no executed cca

 

no debt to enforce with or with out a default notice

 

getting the jist of it now

 

so (correct me if im wrong please)

agreement = naff

dn = unlawful rescission of contract

tn = icing on the cake

 

could i actually claim back everything i had already paid on the agreement ??

Edited July 28, 2009 by cab1ne

[postggj]

you said it

 

 

 

you need to get the sar back to confirm every thing

 

but remember

just because a debt cant be enforced, does not mean it does not exsist

 

pay backs a bitch

[cab1ne]

you said it

 

 

 

you need to get the sar back to confirm every thing

 

but remember

just because a debt cant be enforced, does not mean it does not exsist

 

pay backs a bitch

 

have copies of the lot already "except" the paperwork they sent to hammonds uk to visit my house and give me greif. so i have sent them another S.A.R ( can we do that "S.A.R them more than once")

[postggj]

they are in default of the original sar

no extra ten quid

 

have you allready sent it