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

[cab1ne]

thanks to pt, and advising me to read the 1983 regs i have come to the conclusion that this may well be my starting point of many problems with my creditor.

 

Consumer Credit (Agreements) Regulations 1983

Made - - - 24th October 1983

Authority: Consumer Credit Act 1974, ss 60, 61(1)(a), 105(9), 114(1), 127(3), 182(2), 189(1)

UK Parliament SIs 1980-1989/1983/1551-1600/Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553)/1 Citation,Commencement and interpretation

 

Timing of repayments

 

12. All types. The timing of repayments to be made under the Agreement expressed by reference to one or more of the following—

 

(a) The dates on which each repayment is to be made;

"not present"

 

(b) The frequency "present" and number of the repayments "present" and the date of the first repayment "not present" or a Statement Indicating the manner in which that date will be Determined;"not present"

 

© A statement indicating the manner in which the dates of the repayments will be determined

"not present"

 

there is not one indication of a payment date on or within the agreement,

 

the creditor insists that there signing date is the payment date,but there is no statement to indicate that fact on or within the agreement.

 

being a required term but not a prescribed term,it would render the agreement improperly executed and therefore requiring an order of the court for it to be enforceable against you,

so would s127(3) play any part in preventing a court from doing this:idea:

 

cab

[pt2537]

pt thankyou for clearing my head slightly, would,nt s127(3) be an issue or would it not:idea:

no it would not

 

this would fall within the provisions of 127(1)&(2) but not 3

[cab1ne]

CCA RULES FOR PRESCRIBED TERMS "CONSUMER CREDIT ACT 1974"

i just can't seem to get my "thick head" around the meaning behind this one

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

[cab1ne]

hi post.

 

when i ask for the relavent info from my creditor regarding my S.A.R. do i tell them what is missing or just inform them that info is missing and let them figure it out

[cab1ne]

"Bump"

[cab1ne]

also s.142 CCA 1974 applications to the Court for a declaration to determine the obligations of the parties under the agreement;

would i have to inform the creditor i was applying for a s142 in order for them to try and defend it or, would i just apply for a s142 on my own without the creditor knowing upfont.

cab

Edited August 2, 2009 by cab1ne

[cab1ne]

REPO SUMMARY

 

On the 15th august 2007 lombard north central (part of RBS) terminated my agreement.

On the 4th October 2007 they instructed hammonds uk to repo the vehicle.

 

On the 7th October 2007 hammonds uk visited my home to start the repo but I was out at work. The repo agent called my mobile and told me they would return without telling me when.

 

On the 12th October the repo agent returned to my home to start the repo, but this is where the repo agent said I had to pay the arrears of £1839.86 or they would repo the vehicle.

 

I asked the repo agent how he came to this figure

(not saying but I knew that the arrears upto termination was only one month in arrears of £433.08 8).

 

The vehicle being parked on my drive and not on the public road I just told him to go away and equip himself with a court order.

 

The usual rubbish coming from his mouth saying he did not need anything from anybody and if I didn’t pay him the £1839.86 he was going to clamp the vehicle.

 

At this point he made it clear that his whole intention was to relieve me of the cash, not repo just the cash.

 

So we called the police because he forced himself onto the property.

(While waiting for the police to arrive.)

Wheel clamp in hand he moved towards the vehicle, so I said touch that and ill have you for criminal damage. At this point for some strange reason he went into a frenzy and started to slap the back of my vehicle with his hands with the clamp trapped between his knees. At this point I decided to remove him from the premises using the flat palms of my hands. Once removed I told him that the police have been informed, but he wasn’t bothered.

 

The police arrived about 10 minutes from phone call. IPSY AND DIPSY asked what the problem was all about so I told them, they then spoke to the agent, checked his paperwork, (the instructions from Lombard) turned around and said let him on the premises to clamp the vehicle or we will arrest you for a breach of the peace.

 

I told IPSY AND DIPSY they had got it wrong and I would be looking at making my complaints when I knew who to make the complaint with. The agent just said give us a ring when you have got the money and we shall remove the clamp.

[dx100uk]

surely

these jokers are not court bailliffs

they have no authority.

what are the police playing at

 

but his was the 12th oct 2007

 

why post now?

 

 

dx

[Conniff]

If you remove the clamp, the most you can be done for is damage to a padlock.

 

but his was the 12th oct 2007

 

why post now?

 

It can't still be there on the drive clamped ????

[cab1ne]

surely

these jokers are not court bailliffs no

they have no authority.

what are the police playing at ??

 

but his was the 12th oct 2007

 

why post now?

the problem has been with the fos for 2 years. its just a case of starting all over again

 

 

dx

this is just one problem, wait till the full story unfolds.

[cab1ne]

If you remove the clamp, the most you can be done for is damage to a padlock.

 

 

 

It can't still be there on the drive clamped ????

 

no (brilliant lol)

[dx100uk]

keeps taking his car to the local machanic saying it making a clanking noise every time he drives it.been doing it for 18mth now......

 

dx

[cab1ne]

keeps taking his car to the local machanic saying it making a clanking noise every time he drives it.been doing it for 18mth now......

 

dx

 

hahahahahahahahah. love the humour dx. one needs it, all the threads ive read on here with this,that and the other, i seem to be lumbered with all of it and some more. ive decided to single them out and hope for the best.

[cab1ne]

the basics

 

1.they defaulted me july 07

2.they terminated me aug 07

3.put complaint to fos aug 07

4.they sent repo for supposed arrears oct 07

5.they resumed the contract (all by themselves) nov 07

6.they defaulted me again jan 08

7.they terminated me again.feb 08

8.fos came back with usual riffraff nearly 2 years later july 09

Edited August 3, 2009 by cab1ne
put in order

[cab1ne]

If you remove the clamp, the most you can be done for is damage to a padlock.

 

i wish i knew that at the time,

[cab1ne]

what i cant understand is why they did not just take the car, and how it changed so quickly from repo to a wheel clamp.

 

cab

[dx100uk]

cause i think it boils down to the fact tat they cannot legally take the car without a court order.

might be something to do with how much you have already paid?

 

you'ed need to read your agreement.

 

dx

[cab1ne]

cause i think it boils down to the fact tat they cannot legally take the car without a court order.

might be something to do with how much you have already paid?

 

you'ed need to read your agreement.

 

dx

 

i think you have got it there,

(cause i think it boils down to the fact tat they cannot legally take the car without a court order.)

if the car was parked on a public road the ball was in there court, but being parked on my drive the ball was in my court. i know the agreement says when a 1/3 is paid they need a court order, but the law also says wether a 1/3 is paid or not, to enter the property they need a court order and on that producing of the court order it will the the court baliff that will remove the vehicle from the premises and hand it over to the agents.

[postggj]

ok found you

i know you are watching the other thread for developments

if you need help just shout

[cab1ne]

ok found you

i know you are watching the other thread for developments

if you need help just shout

 

thanks postie

i will do, got a feeling i will shouting quite a bit.

if there is any docs i have and you need to look, no probs.

also may i explain that iam not very good at putting pen to paper,(so to speak) but my thoughts are very clear. so notepad will be getting a hammering (a bit slower but more chance of getting it across more clearly)

 

cab

[buzby]

I'm confused - you've not outlined the type of agreement you had with Lombard (Contract Hire, Hire Purchase or any of the multiplicity of arrangements available to finance vehicles). Sincew they defaulted you, the fact you thought you owed £400 odd would be irrelevant if the contract was terminated. The final figure, quoted by the agent, would be to discharge the debt, and as such would have been correct. Since the vehicle is theirs they can restrict its use and a clamp is the first step of enforcement.

 

I also do not see your issue about they cannot do this on 'private ' property - this is not a DVLA-issue, if the car is seen and accessible, they can clamp it without a problem - who the landowner is is immaterial in this instance. They would certainly need a court order to enter a locked garage, but sitting in your driveway? This won't be an issue. These agents do not usually uplift a vehicle on the first visit (when they do, a low loader arrives). This first step is to restrict the use of their property, which they are entitled to do.

 

You don;t appear to have put forward your proposals how to resold the issue, or to see if they will accept a lump sum to permit your agreement to be reactivated. If you cannot do this, then as the car isn't yours, you'll be on a hiding to nothing with the costs increasing with each visit.

[cab1ne]

I'm confused - you've not outlined the type of agreement you had with Lombard (Contract Hire, Hire Purchase or any of the multiplicity of arrangements available to finance vehicles).conditional sale agreement pre april 2007

 

 

Sincew they defaulted you, the fact you thought you owed £400 odd would be irrelevant if the contract was terminated. The final figure, quoted by the agent, would be to discharge the debt,would this be to discharge the whole debt or just the arrears.

 

and as such would have been correct. Since the vehicle is theirs they can restrict its use and a clamp is the first step of enforcement.understand.

 

I also do not see your issue about they cannot do this on 'private ' property - this is not a DVLA-issue,(dont understand that bit) dvla has never been involved or mentioned.

 

if the car is seen and accessible, they can clamp it without a problem - who the landowner is is immaterial in this instance. They would certainly need a court order to enter a locked garage, but sitting in your driveway? This won't be an issue.confused on how you come to that opinion

 

These agents do not usually uplift a vehicle on the first visit (when they do, a low loader arrives). This first step is to restrict the use of their property, which they are entitled to do.understand

 

You don;t appear to have put forward your proposals how to resold the issue,i dont know how to resolve the issue that is why i ask for opinions from caggers who may

 

or to see if they will accept a lump sum to permit your agreement to be reactivated.i thought that once an agreement had been terminated it is down to both parties to agree to reactivate an agreement

 

If you cannot do this, then as the car isn't yours, you'll be on a hiding to nothing with the costs increasing with each visit.there has not been anymore visits since oct 07

 

cab

[buzby]

1) Good. Not as many rights as HP, but at least you get to own the property in the end (barring problems).

2) If they defaulted you, it would be everything owed including arrears - allowing them to walk away and you to have full title to the vehicle with no incumbrances.

4) The DVLA are restricted in enforcing continuous registtration and may not clamp on a private driveway or motor trader's private ground. Everywhere else is fair game. Whilst the DVLA couldn;t clamp you on your driveway, the beneficial owner of the vehicle can take 'reasonable steps' to enforce payment, if this restricts your use of the goods, this is allowed.

5) A locked garage is a secured property. If the vehicle is accessible without requiring negotiating a key or requiring tools (ladder, hacksaw etc) then walking up a path to secure their property won't be an issue.

7) Make them some offer to start negotiations to see what they'll accept to head of an impasse and you losing the vehicle.

8) They are uder no obligation to re-activate an agreement, it may not have been formally ended, if you reach agreement it can simply roll on as before.

9) If it is nearly 2 years since the last visit - and you have paid nothing to date, then I don;t see how the agreement could ever be reactiveded or reinstated. Certainly the DVLA will have a flag on the reg to show who owns it, and HPI will show you're not the owner, so any sale will be problematic.

[cab1ne]

1) Good. Not as many rights as HP, but at least you get to own the property in the end (barring problems).

2) If they defaulted you, it would be everything owed including arrears - allowing them to walk away and you to have full title to the vehicle with no incumbrances.only arrears was asked for and upto the termination on 15th aug 07 only £433.08 was owing.

4) The DVLA are restricted in enforcing continuous registtration and may not clamp on a private driveway or motor trader's private ground. Everywhere else is fair game. Whilst the DVLA couldn;t clamp you on your driveway, the beneficial owner of the vehicle can take 'reasonable steps' to enforce payment, if this restricts your use of the goods, this is allowed.ok forget dvla at this moment because its totally confusing.it is the creditor who sent these guys out nothing to do with dvla.(sorry if ive confused you to thinking that they are involved.)

5) A locked garage is a secured property. If the vehicle is accessible without requiring negotiating a key or requiring tools (ladder, hacksaw etc) then walking up a path to secure their property won't be an issue.this is one of my main issues because these guys were just certificated baliffs working for hammonds uk. these guys do not have any powers of entry only if i give them my permission to do so and that i did not.

7) Make them some offer to start negotiations to see what they'll accept to head of an impasse and you losing the vehicle.lombard wont be interested in any offers.

8) They are uder no obligation to re-activate an agreement, it may not have been formally ended, if you reach agreement it can simply roll on as before.this could be quite complex

default

http://i593.photobucket.com/albums/tt13/flinty56/lombdef01-1-1.jpg

termination

http://i593.photobucket.com/albums/tt13/flinty56/lombterm01-1.jpg

9) If it is nearly 2 years since the last visit - and you have paid nothing to date, then I don;t see how the agreement could ever be reactiveded or reinstated. Certainly the DVLA will have a flag on the reg to show who owns it, and HPI will show you're not the owner, so any sale will be problematic.

this could be problematic for the creditor as it does show me as the keeper but it shows AVL allied vehicles limited as the owner (who supplied the vehicle)

 

cab

[cab1ne]

for clarity this is a "Conditional Sale Agreement regulated by the Consumer Credit Act 1974" pre april 2007

Edited August 3, 2009 by cab1ne