Car repo Dunctons ****WON****

[rcl]

I am the defendant in a case, trial is on friday, and today the claimant has issued a notice of discontinuance

 

Can i claim for legal costs incurred in defending this claim

 

Can i claim the deposit i paid for a car that was illegally repossessed

 

Can i claim for the personal belongings that were taken in the car and never returned to me

 

The claim had been allocated fast track

[wannabedebtfreesoon]

FABULOUS!!!!

CONGRATULATIONS!!!!!!

WINNER!!!!!!!!!!!!!

[rcl]

from what i have just read, they are obliged to pay my legal costs immediately

 

However, in order to go for the rest, (deposit and belongings) I can either

 

raise a claim of my own

 

or

 

i have 28 days to get the notice of discontinuance set aside, and we continue with this claim

[postggj]

do you have a thread on this

 

car repo is my area

[sillygirl1]

Dispute the Notice, and state that it is a clear abuse of process.

[postggj]

hi wanabedebtfreesoon

 

i read this thread from the start and you have it well under control due to your own experience

 

ime thinking along the lines of unlawful recession of contract

 

might a letter to these cretins be in order

 

deposit back and the item that were listed and then disapeared

 

they have no case

 

clear as mud

 

or as they have discontinued part 38 discontinuence comes into play so its game over

[rcl]

hi wanabedebtfreesoon

 

i read this thread from the start and you have it well under control due to your own experience

 

ime thinking along the lines of unlawful recession of contract

 

might a letter to these cretins be in order

 

deposit back and the item that were listed and then disapeared

 

they have no case

 

clear as mud

 

or as they have discontinued part 38 discontinuence comes into play so its game over

 

 

so your suggesting i send them a letter saying i will take them to court for unlawful recission of contract, and demand my £2500 deposit back, plus value of my personal belongings, plus costs in defending the claim, and if they refuse, i shoud request the notice of discontinuation be set aside and proceed with the case as the claimant ?

[rcl]

do you have a thread on this

 

car repo is my area

 

 

Thanks postggj, you just gave me some info on my thread

[wannabedebtfreesoon]

Hello, the first thing I would say would be to get a letter off to court requesting a wasted costs order due to their discontinuance. They are obliged to pay all your costs incurred to date in defending their waste of time claim!! And it's free

 

If you want the discontinuance set aside and the trial to continue you must apply within 28 days. It's up to you of course but it'd probably be better if you settled all this nonsense first and then went after them with a fresh approach.

 

It's clear that they don't want any of their dodgy behaviour brought in front of the court so I'd imagine a very well worded Letter Before Action would get you what you want

 

Congratulations again, you've done a sterling job against these bullies!!

[rcl]

The plan is

 

1. Part 38 discontinuence claim for defence costs issued now

 

2. Send Dunctons a 14 day notice before legal proceedings, I want the deposit back and the cost of my belongings

 

3. If nothing comes back within 14 days, i still have 14 days to get the notice of discontinuence set aside, or alternatively, start a claim of my own

[Calb0b]

The plan is

 

1. Part 38 discontinuence claim for defence costs issued now

 

2. Send Dunctons a 14 day notice before legal proceedings, I want the deposit back and the cost of my belongings

 

3. If nothing comes back within 14 days, i still have 14 days to get the notice of discontinuence set aside, or alternatively, start a claim of my own

 

Congratulations you have done so well here. Just my thoughts:

 

As already said by wannabe, I would let the discontinuance stand and get your wasted costs. Then its over for them done & dusted. BTW I hope your cost are 2/3rds of their's:wink:

 

I would not go down the set aside route of the discontinuance at all because once they have discontinued they can't ever come after you for the same thing again! (Not without the court's permission anyway )

 

Then go after them with a totally fresh claim, for the deposit, belongings and any other out of pocket expenses due to there actions Its your time to turn the screws and make them pay for what they put you through.

 

I would be tempted to go for a return of the car or the value of:)

 

Best of Luck (Not that you will need any)

 

CB

[rcl]

ok, it does make sense doing it that way

 

I shall apply for my costs today

[wannabedebtfreesoon]

Have you done a summary of costs?? I hope it's substantial Have you got a copy of their summary? I wouldn't like to see you get any less than what you deserve. Also, do you need a template letter to court or are you ok on this?? My costs are in the region of £1200 to date

 

It seems you are now in the same position I am in

I know you want your deposit and belongings back but if you'd like to I'm sure you could claim a lot more than that, and get it! Their discontuance only fuels your claim immensely

 

Section 92 of the Act is our friend and is very definitive. If you need any links or information I'm more than willing to share

[rcl]

Have you done a summary of costs?? I hope it's substantial Have you got a copy of their summary? I wouldn't like to see you get any less than what you deserve. Also, do you need a template letter to court or are you ok on this?? My costs are in the region of £1200 to date

 

It seems you are now in the same position I am in

I know you want your deposit and belongings back but if you'd like to I'm sure you could claim a lot more than that, and get it! Their discontuance only fuels your claim immensely

 

Section 92 of the Act is our friend and is very definitive. If you need any links or information I'm more than willing to share

 

 

Im going to tweak the summary slightly tody so its ready for sending. I havent seen their summary, they stated they were only going for court costs when i asked them last week. I could do with a template letter if you have one handy, no worries if not, i can google lol

 

I love Section 92 ! I think I am going to wait and see what happens with your claim until i decide what to put in my claim. I am definately going for deposit and belongings tho, im just not sure if i should claim the cost of the car, which is an additional £10950, minus the deposit of course.

[wannabedebtfreesoon]

Im going to tweak the summary slightly tody so its ready for sending. I havent seen their summary, they stated they were only going for court costs when i asked them last week. I could do with a template letter if you have one handy, no worries if not, i can google lol

 

I love Section 92 ! I think I am going to wait and see what happens with your claim until i decide what to put in my claim. I am definately going for deposit and belongings tho, im just not sure if i should claim the cost of the car, which is an additional £10950, minus the deposit of course.

Well it's only 9 weeks tomorrow until my hearing

 

I doubt very much if they are only going for court fees!! Lying, cheating so 'n' so's!!!

 

I'll send you a link to my costs summary if you'd like to alter/amend to suit your needs

 

I've got a template will post it up shortly

 

When it comes to unlawful repo and unfair relationship you can claim whatever you like in damages, it's up to them to dispute if they dare

[wannabedebtfreesoon]

Statement of Costs

STATEMENT_OF_COSTS_Cag.pdf

[wannabedebtfreesoon]

This is a link to the Consumer Wiki application for costs letter. Amend to suit Doubt if you'll need to add the bit about settled claims, just change to "defendant" and "discontinued"

[wannabedebtfreesoon]

ha ha!! forgot to add the link!!

Wasted Costs - Consumer Wiki

[rcl]

thankyou for that

 

I imagine the next 9 weeks are going to drag for you. This has been dragging on for me in excess of 18 months, and although i am of course happy they dropped the claim against me, its still not resolved

 

Hubby is going to put a claim in too, as they have discontinued against him

 

Any plans what to spend the money on lol

[wannabedebtfreesoon]

A rather large donation to the Consumer Action Group

[rcl]

Good call ! me too !

 

As im doing claim for costs under part 38 discontinuance, Im pressuming the claim gets sent to the court, and the original claimant ?

[wannabedebtfreesoon]

thankyou for that

 

I imagine the next 9 weeks are going to drag for you. This has been dragging on for me in excess of 18 months, and although i am of course happy they dropped the claim against me, its still not resolved

 

Hubby is going to put a claim in too, as they have discontinued against him

 

Any plans what to spend the money on lol

Fabulous!! I know how you feel, there is a principle at stake here! I'm so glad that I am the claimant because I know they won't be able to wriggle out of it when it looks a bit tough

 

How long ago did they discontinue against your hubby?? I may be wrong but I think there is a time limit on when you can apply for costs after a discontinuance. I will check though, but absolutely he's entitled to claim costs too!!!

[rcl]

Fabulous!! I know how you feel, there is a principle at stake here! I'm so glad that I am the claimant because I know they won't be able to wriggle out of it when it looks a bit tough

 

How long ago did they discontinue against your hubby?? I may be wrong but I think there is a time limit on when you can apply for costs after a discontinuance. I will check though, but absolutely he's entitled to claim costs too!!!

 

 

8th june

[wannabedebtfreesoon]

I have read that you need to get your wasted costs in by 4 weeks after the conclusion of the case, but I would think that there would still be time for your hubby considering that the whole case in general was still ongoing until now. It can't hurt to try, it's free

 

Worst that can happen is they say no. I don't think you have to send the claimant anything but you could always forward them a copy 'out of courtesy'

[rcl]

done the costs, we are claiming £2100 between hubby and me, :Dbearing in mind they only cancelled 2 days before trial. Is that more or less than you expected ? The court can only say no lol

 

In view of my anticipated claim against them, I think we are going to start it now, and claim for lost deposit and belongings, plus the value of a car as damages also. Might I be cheeky enough to ask if i can copy/adapt your claim details for the claim form. Obviously, only as a template, and i would alter to suit.

 

In light of Dunctons acknowledging that the agreement was in my and hubbies names, yet hubbies signature not been on the agreement, should the new claim be in my name along, or both names ?