Honda Finance

[cheekone]

August last year i was taken to court and the and i was forced to return goods even though the agreement had been executed in correctly

and failed to meet other requirements of the cca 1974, so what will the court be able to do to put their actions right ?

Edited May 12, 2010 by cheekone
spelling

[MARTIN3030]

Need more specific info to answer this.

Have you got another thread concerning this ?

[cheekone]

Does it mean that i will get legal aid if i have now got a letter saying the Adjucator has rceomended my appliaction be sent back to the director for reconsideration ?

 

hi Guys

last august i had my car reposesed , as a judge decieded that a agreement that hasn't been excuted correctly or had all the prescibed terms he could enforce .

 

losing the car for 10 months has destroyed my company and having a illegal ccj registered against my name has made it very hard finding work within the IT industry

 

Anyone got any idea what type of compensation i should be looking for ?

[ploddertom]

Could you ex[ain in a bit more detail as what you have said so far is a bit vague & disjointed.

 

PT

[cheekone]

car was repossed by court , and the agreement hadn't been signed by the creditor, their was no date , and their was nothing linking my signature to the terms and condition.

 

so the court enforced a unenforcable agreement , which they had no right too.

 

soohow much compensation am i entitled to , in that my business has been destroyed ?

[ploddertom]

If I've got this right.

 

You bought a car on finance - HP or Lease?

 

 

Was it for business?

 

 

For whatever reason it appears you could not keep up payments and they applied for repossession and some form of financial restitution.

 

 

I assume you received the Court papers

- when did the errors on the Finance Companies paperwork become apparent?

 

 

I know nothing about the intricacies of the paperwork but would advise if you can scan it removing all personal references

and hopefully those that know about these things may make comment and advise accordingly.

 

As the Court decided against you what Order did the Judge make?

 

PT

[cheekone]

last year i had my car repossed , and since then my solicitors have been trying to get funding from the legal services commision. to get the agreement set aside , and conterclaim the claiment

 

the solicitors acting for the claiment failed to attach the agreement,default notice, termination notice to the claim form.

 

A letter was sent requesting the information which they failed to produce until after the date my defence was due

 

The agreement hasn't been executed properly , nor has it been dated

 

the terms and conditions are on seperate pages and are not embossed into the agreement

 

does anyone know how i can go about doing this myself

Edited July 28, 2010 by cheekone
mixed up words

[cheekone]

Please can someone advise me if i should go to court next week and fight my case in court , or get the original case setaside ?

 

cheekyone

[reallymadwoman]

You would need to give a lot more information before anyone could give an opinion.

What was the original case for, how long ago, and why didn't you contest it at the time?

What is the hearing next week for?

[cheekone]

hiya the original hearing was a just under a year ago, i have been wating for the legal services to decide if they are going to fund the case

 

the agreement doesn;t contain the prescribed terms , nor are the terms embodyied into the agreement

 

hearing next week is for the outstanding money on the car

[reallymadwoman]

Have you got funding? What has your solicitor advised? Have you entered a defence?

[cheekone]

still waiting for funding, but i do know the agreement is missing prescribred terms, and the terms are not in the body of the agreement

[reallymadwoman]

Have you or your solicitor entered a defence?

[cheekone]

The solicitor won't do nothing until they know legal services commision are paying

 

does anyone know what happens when a court orders the return of goods when the agreement is wrongly executed , and they never first issued a enforcement order ?

[ukaviator]

Is this for a car?

 

There is still a chance that you can keep hold of the goods as the court has the power to agree to this as long as you can pay the debt back in reasonable instalments. If you have paid a third or more of the amount payable under the agreement or the goods are kept on your premises, and you do not consent to their repossession, the creditor will ask the court to send you a claim form asking for the goods to be returned. This is called an application for a "Return Order". Notice of a hearing date with a district judge is included. This hearing should be in your local county court.

 

There will be a form (N9C) with the claim that you should fill in and send back to the court within 14 days. You must fill this in if you want the court to suspend the Return of Goods Order and allow you to keep the goods. You need to offer to pay the debt back in monthly instalments you can afford. You must attend the hearing, the court will decide at the hearing whether they will suspend the Return Order and what monthly instalments you should pay from then on. If you do not fill in the admission form there will be a hearing anyway. If you don't go to the hearing the court will probably grant the creditor an order telling you to return the goods. If the court has already made an Return Order and you still wish to keep the goods, it is possible to apply for the order to be suspended.

 

Also once the goods have gone back to the creditor, they can try to recover any balance still owed by you. You can treat the debt as an ordinary credit debt and make an offer of payment using the information from your personal budget form.

[cheekone]

they had the goods just under a year ago, and im in court monday for a money claim, the agrement was incorrectly executed , and i can;t work out way the judge ordered the return of goods ?

[ukaviator]

Was this fact brought up during the hearing?

[cheekone]

the judge asked if i understood the law, at the return of goods hearing, an i said no . but he should of gave a enforcement order

 

lucky i now know my agreement is unenforcable

[cheekone]

I think i made a big mistake monday, I admitted libility to a claim through frustration with the claiment as they failed to admit offer anymore than £261 even though they had overcharged £2500, and i had been waiting nine months for legal aid

 

can i withdraw my liabilty ?

 

Cheekyone

[unclebulgaria67]

I think i made a big mistake monday, I admitted libility to a claim through frustration with the claiment as they failed to admit offer anymore than £261 even though they had overcharged £2500, and i had been waiting nine months for legal aid

 

can i withdraw my liabilty ?

 

How did you admit liability ? Verbally by phone, in person or in writing ? Only if it was in writing, would it be difficult to retract. If you admitted liability verbally by phone or in person, it would be more difficult for the claimant to use the admission in court.

 

Suggest that you speak to a solicitor, as they need to look at the whole picture and not just snippets of things that have occurred.

[cheekone]

l verbally admitted it in court . through frustration or would i be able to get the judgement set aside ?

[unclebulgaria67]

If it was in front of the judge, I would think it would be very difficult, as your words will be on the court records. In any hearing, the words spoken by all are typed up and put into the courts transcript records.

 

If you have made a mistake and the words you spoke were not correct, you would need to look into how you are going to go back to the court. I am not sure how you would do this. The courts staff may be able to help guide you or if you phone Community legal Advice, they might be able to help.

[Consumer dude]

l verbally admitted it in court . through frustration or would i be able to get the judgement set aside ?

 

 

 

 

 

Depends how strongly you feel about the whole issue and the financial cost involved.

 

I do understand you getting frustration though..

[cheekone]

how about the agreement is showing a apr of 12.9 but actually charging 19.7 ?

[Consumer dude]

you could apply to have it set aside and claim you was confused and produce a doctors letter, that may work but then again it might not. You will have to decide if paying good money out in order to get what you want is going to work. If your income is low then you may not have to pay for the set aside application..