time to turn the tide and take them to court

[wannabedebtfreesoon]

now i am confused lol

Oh no!

What's confusing you?

[wannabedebtfreesoon]

hi wannabedebtfreesoon

 

 

will be posting poc shortly for all to see

 

essexboy

Just my opinion, but I wouldn't recommend this. Don't wanna give them a heads up ;-)

[essexboy]

well i am thinking that the first agreement was weighted in welcomes favour due to mis selling of ppi and not disclosing any commisssion paid to themselves or othersbut was not relying on unfair relationship

 

but the unfair relationship comes into play when the transition has occured betwen the ending the first agreement and taking up the second agreement as welcome have weighted the agreement heavily in their favour by:

 

1) settling the account early and limiting the intrest rebate by using rule 78 and failing to provide adequate rebate figures for interest and insurance

 

2) misleading the cost of the car which was equal to the cost of purchasing a new car despite being a used car purchase

 

3) misleading myself into believing the part exchange value would be offsett against the cost of the purchase when it was equal to my oustanding balance

 

4) charging a £1000 for refinancing despite any oputstanding balance being included within the new agreement incurring additional interest

 

this new agreement was also subject to undisclosed commission and included unwanted gardx and the final figure used in the new agreement included some debits that were refunded on another account and claimed back on this account

 

i believe some of these points are valid under unfair relationship as i have a earlier agreement that has been consolidated within a later agreement that is more profitable to welcome, than if they were treated as two seperate agreements as i was led to believe

 

i know my arguements but not sure how to word it legally yet

 

essexboy

[essexboy]

ok is it possible to get the once over though as i say i am not too confident in my wording at the moment and what is required as sufficient to warrant a case

 

at the minute i am reading and reading and going round and round

 

essexboy

[wannabedebtfreesoon]

ok is it possible to get the once over though as i say i am not too confident in my wording at the moment and what is required as sufficient to warrant a case

 

at the minute i am reading and reading and going round and round

 

essexboy

Take a break!! I got to that point, where I just lived and breathed it and ended up getting nowhere fast! Chill 8)! I'd be happy to have a look when you're done and I'm sure beyond and a few others would be happy to offer their opinions too

 

It's the "warranting a case" part that's always difficult. We know they're crooks, but how do we make it stand up in court???

 

I'll try to have a closer look tomorrow, I've got brainache again!

[just_jue]

Hi, sorry to butt in. Essex boy I emailed you a little while regarding gardx (still no joy with fos at the moment).

With the secret commission I have the same problem regarding a car but this goes back to 2003, would the cca 2006 cover this or would I have to find an earlier copy of the act. The reason i'm asking is I am writing a letter but want to get my facts right.

 

Good luck with your action

 

JJ

[beyondhope]

Hi, sorry to butt in. Essex boy I emailed you a little while regarding gardx (still no joy with fos at the moment).

With the secret commission I have the same problem regarding a car but this goes back to 2003, would the cca 2006 cover this or would I have to find an earlier copy of the act. The reason i'm asking is I am writing a letter but want to get my facts right.

 

Good luck with your action

 

JJ

 

 

Hi JJ if its pre 2006 i believe the majority fall under 1974 which is the actual act 2006 is amendments to it

[wannabedebtfreesoon]

Hi, sorry to butt in. Essex boy I emailed you a little while regarding gardx (still no joy with fos at the moment).

With the secret commission I have the same problem regarding a car but this goes back to 2003, would the cca 2006 cover this or would I have to find an earlier copy of the act. The reason i'm asking is I am writing a letter but want to get my facts right.

 

Good luck with your action

 

JJ

The simple answer is "more than likely". It really does depend on your circumstances;

 

• Is the agreement still running or did it continue running until after April 2007??
  
• Is it an agreement regulated by the CCA 1974??
  
• Did you ever do a re-write??
  
• Have you had the same car since 2003??
  

Even if you have answered no to some of these questions it still may be possible that unfair relationship can apply, (apart from the one about being regulated!).

 

There seems to be a lot of confusion about this, here is an excerpt from the FOS guidance on the Unfair Relationship section of the 2006 amendments which hopefully should clear things up a little

"Retrospectivity

 

The Act will apply to:

· credit agreements entered into after the Act becomes law

· credit agreements in existence when the Act becomes law which are ongoing at the end of the transitional period (one year after the commencement date). However, for agreements in this category, the Court will be limited to granting relief in relation to:

o payments demanded or sums charged after the Act becomes law

o conduct on the part of the lender that makes any repayment of the debt, interest, fees or charges unreasonably high after the Act becomes law; or

o any other obligation on the borrower that is unfair under the new test and has to be complied with after the Act becomes law.

 

The Court may set aside credit agreements where there has been unfairness prior to the Act becoming law, but only if the unfairness manifests after the Act becomes law; and with effect from the date on which the Act becomes law. The financial exposure of lenders is limited by only permitting the Court to give relief in respect of unfairness or excessive costs that occurs after the Act becomes law."

I'm researching this extensively for my own case so if anyone has any questions I'll have a good go at answering if I can

[mark1arby]

Brilliant Thread Wanna!!! Learning A Lot from you And Essexboy!!!

 

Cheers, MARK

[wannabedebtfreesoon]

Brilliant Thread Wanna!!! Learning A Lot from you And Essexboy!!!

 

Cheers, MARK

Thanks Mark

I'm still learning myself but I'm more than happy to share what I've learned so far

My day in court is a week tomorrow

[beyondhope]

Thanks Mark

I'm still learning myself but I'm more than happy to share what I've learned so far

My day in court is a week tomorrow

 

 

I think im more excited about your day in court than mine at the mo

[wannabedebtfreesoon]

I think im more excited about your day in court than mine at the mo

Ha ha! Wish you all could come and watch

[essexboy]

so do i

 

good luck wannabe:D

[wannabedebtfreesoon]

so do i

 

good luck wannabe:D

Thank you

I'm feeling quite confident today, got my court bundle together and done loads of reading. I'm in the process of memorising the applicable CPRs, and not doing too badly even if I do say so myself!

I just want to have an answer for everything!!!!

If they do manage to get away with this it won't be through lack of trying!

[essexboy]

hi all

 

what requirements are necessary with regards to the particulars of claim

 

do i list my complaints and include the section from the act i believe has been contravened

 

is the a link or site i can use for guidance

 

i am not sure what is required or relevant a guiding hand or light would be most appreciated

 

essexboy

[wannabedebtfreesoon]

hi all

 

what requirements are necessary with regards to the particulars of claim

 

do i list my complaints and include the section from the act i believe has been contravened

 

is the a link or site i can use for guidance

 

i am not sure what is required or relevant a guiding hand or light would be most appreciated

 

essexboy

Hello!! What section of the Act are you contending?

Part 16 of the CPR is quite useful for poc

 

Contents of the particulars of claim

 

16.4

 

(1) Particulars of claim must include –

(a) a concise statement of the facts on which the claimant relies;

 

(b) if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

 

© if the claimant is seeking aggravated damages(GL) or exemplary damages(GL), a statement to that effect and his grounds for claiming them;

 

(d) if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and

 

(e) such other matters as may be set out in a practice direction.

 

 

(2) If the claimant is seeking interest he must –

(a) state whether he is doing so –

(i) under the terms of a contract;

 

(ii) under an enactment and if so which; or

 

(iii) on some other basis and if so what that basis is; and

 

 

(b) if the claim is for a specified amount of money, state –

(i) the percentage rate at which interest is claimed;

 

(ii) the date from which it is claimed;

 

(iii) the date to which it is calculated, which must not be later than the date on which the claim form is issued;

 

(iv) the total amount of interest claimed to the date of calculation; and

 

(v) the daily rate at which interest accrues after that date.

 

 

 

(Part 22 requires particulars of claim to be verified by a statement of truth)

 

 

The statement of truth should be

in the following form:

“[i believe]/[the [Claimant/Defendant] believes]

that the facts stated in this [name of document

being verified] are true”

[essexboy]

thanks wannabe

 

i know your in court tommorrow and appreciate your time

 

i will draft my poc and see how it goes

 

i have read and read as i iam sure you have so it might take a while

 

good luck tommorrow wil be think of you and have my fingers crossed you get the decision you deserve for all your help

 

essexboy

[wannabedebtfreesoon]

This is quite useful too

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1a_0406.pdf

 

P.S. thanks for your best wishes, appreciate it

[wannabedebtfreesoon]

thanks wannabe

 

i know your in court tommorrow and appreciate your time

 

i will draft my poc and see how it goes

 

i have read and read as i iam sure you have so it might take a while

 

good luck tommorrow wil be think of you and have my fingers crossed you get the decision you deserve for all your help

 

essexboy

Ah, you make me blush

Always happy to help In court on Thursday so still got a whole day of cramming yet

[wannabedebtfreesoon]

Would you like to see my poc?? Might give you some ideas

[essexboy]

thanks for the link

 

i did mean thursday its been one of those days i wished beyond luck and she told me it was you in court:)

 

and know i get the day wrong:D

 

i get so involved with the stories i read i sometimes get confused who is who after a few hours:eek:

 

but the sentiment is there

 

essexboy

[wannabedebtfreesoon]

thanks for the link

 

i did mean thursday its been one of those days i wished beyond luck and she told me it was you in court:)

 

and know i get the day wrong:D

 

i get so involved with the stories i read i sometimes get confused who is who after a few hours:eek:

 

but the sentiment is there

 

essexboy

I know she told me!!

Don't worry, the sentiment is all that matters

[essexboy]

if you dont mind i dont want to jump on your band wagon as you have worked so hard i need a pointer as to what is required and how to lay it out in legal speak if required

 

i know you have a lot on at present so this is very kind of you

 

essexboy

[essexboy]

i thought she mght

 

i look a proper essexboy now

 

essexboy

[wannabedebtfreesoon]

if you dont mind i dont want to jump on your band wagon as you have worked so hard i need a pointer as to what is required and how to lay it out in legal speak if required

 

i know you have a lot on at present so this is very kind of you

 

essexboy

It really is no bother! Don't worry yourself so much I have worked hard but if it means I can cut out the legwork for others then that's cool I don't mind sharing, we're all on the same team here

I'll pm it to you just now x