Park Motor Finance - Default Notice

[postggj]

default notice is crap

 

ime still going through the figures

 

it seems they have done you out of a grand

 

trying to find this undisclosed commission payment

 

ime on this

not long now and we will nail them

[LarissaJ]

ime on this

not long now and we will nail them

 

Sounds good to me

[LarissaJ]

 

ime still going through the figures

 

it seems they have done you out of a grand

 

 

any luck on this yet postggj?

I remember that you asked if park was in wales in an earlier post and wondered if you are familar with them from another case?

[postggj]

ill have the sp tomorow night for you

 

they have lost a grand someware in the agreement

 

ill find it

[LarissaJ]

I am going to send them a letter tomorrow asking them to confirm receipt of the arrears I paid, which is all they are now entitled to.

[postggj]

do not

 

i repeat not

tell them the default notice is crap

 

it only works in court

[LarissaJ]

I have already sent a letter acknowledging the dn and tn, and hence their unlawful recission, but I didnt mention that it was because the dn was crap.

 

I would guess that they know their mistake though, because they have sent me a letter saying that they note my comments about the dn, (all I said was that I'd received it) they also offered to reinstate the agreement providing all arrears were brought up to date !!!! (they are also dissagreeing that it was an unlawful recision).

 

I want to send them a letter to ask for safe receipt of the arrears and also to say to them something along the lines of "why on earth do you not consider this to be an unlawful recision, as the law is quite clear" but not go into much more detail than that, what do you think pggj?

 

I have also noticed a lot of 'guests' reading my thread, so maybe they have found it?

[LarissaJ]

they have lost a grand someware in the agreement

 

ill find it

 

Any luck in 'finding' it yet pggj?

 

I've just read in another thread a quote from you saying that this company's days are numbered, that's very intriguing, what 'gossip' do you have?

[buzzard10]

do not

 

i repeat not

tell them the default notice is crap

 

it only works in court

 

Hi, I was just reading through your thread, and sorry if I'm being naive but why does it only work in court? Is it not worth letting them know that they don't have a leg to stand on in order to stop them going to court in the first place ?

[LarissaJ]

Hiya again Postie, missing you on here, hope all is well with you?

 

Not much to report really, just a few generic letters and the ususal default sum notices. Plus they have been phoning my partner's business line asking for me, but I won't be speaking to them over the telephone at any point.

[LarissaJ]

Nothing to report on this matter as yet.

 

Their sols must be tearing their hair out because I've not heard from them for over a month now. Which is very welcome after all their calls, texts, voice mail messages and letters which they were 'charging' me for for months !!!!

[LarissaJ]

I've still not heard a thing from park, I'm wondering if they have they given in and realised that they don't have a leg to stand on!!

[postggj]

hi larissaj

 

blast from the past

 

i think they have realised unlawful recession of contract and that you know

[LarissaJ]

Thanks Pggj, that's exactly what I thought..........expected a little bit more of a fight from them though, but I'm not complaining!!

[LarissaJ]

Had a feeling I would hear something from them after my comments, as I've noticed a lot of 'guests' reading this thread, so ROUND 2 begins, "ding ding" ........

 

I've received from park today, a Notice of Legal Action, which says this ....

 

With reference to your outstanding balance, we have not received a response from you or to any of our letters or telephone messages. Consequently your file has been transferred to the litigation dept. and we plan to make an application through your county court for an immediate return of goods. In the event of the above order being obtained the vehicle will be recovered abnd sold at auction. you will then become liable for any shortfall following the sale as well as any associated costs such a solicitors fees and court costs incurred for this action.

 

To avoid this legal action please contat bla bla bla to discuss your options. Should we not hear from you within 5 working days of the date of this letter we will proceed with the above stated action.

 

Pleas understand that we can only help settle this matter amicably if you contact us. We look forward to hearing from you.

 

With regard to paragraph one, I have answered all their letters and they don't have an up to date telephone number for me.

[postggj]

all i can say is

 

bring it on

 

again & again & again

 

some day you will get a default notic e correct

[LarissaJ]

We're on the same wavelength pggj !!!

[LarissaJ]

I'm in two minds whether to send them a letter acknowledging theirs and enclosing copies of all my previous letters, mainly to make the point that I have answered their previous correspondence and also re-informing them that they do not have my current telephone number and that I have requested everything be in writing only anyway.

 

I also want to make the point that it is them that are in the wrong here and if they do proceed with the threatened court action, then I would be looking to make a counter claim for damamges for injury to my credit.

[LarissaJ]

UPDATE:

 

I've now received a 'mandatory arrears notice' and also a letter from their legal dept.

 

The letter says that I have 14 days to reply with payment proposals or they're going to sue. I have only recieved the letter today due to being away from home and hence the 14 days are up already. I have told them already that if they do look to sue that I will make a counterclaim for damages to my credit.

 

They still claim that they were entitled to send the DN under s.87(1) of the consumer credit act and 'laughably' acknowledge that there was a typing error on the dn and that they have used the monies I sent to them as the arrears on the dn as a 'contractual monthly payment' and not 'the arrears due'.

[LarissaJ]

Pggj, you were right, I got the 2nd DN from them now!!

[LarissaJ]

I've just received a notice of hearing and they have only mentioned the 2nd DN on the particulars of claim

[postggj]

notice of hearing

 

is this an n1 court claim

[LarissaJ]

yes, served yesterday

[postggj]

so they wnnt to play do they

 

rightthen, ill deal with this over the weekend

 

you would have thought he had got the message last time

 

this will be a walk in the park but we must go through the motions

 

we have two weeks to acknowledge the claim so we will use them

 

ime popping out now but can you type up the perticulars of claim on the n1 court form

[LarissaJ]

music to my ears that

do you want me to scan it in?