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

[wannabedebtfreesoon]

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 ?

Considering you've had to respond to a claim, prepare a defence, prepare for a directions hearing and spend many hours researching and drafting, I think you are being more than reasonable!

 

I'd be inclined to put it in both of your names that way you get to include the fact that the agreement was improperly executed because it was unsigned.

 

You do need to send them a letter before action first in order to comply with pre action protocol, this gives them an opportunity to rectify any issues you have. The court will only accept claims when you can show that you have exhausted all other options and legal action is a last resort. You really don't want to have your case struck out because you haven't given them an opporunity to resolve things.

 

I've got the lba I used posted up on my thread, I'll have a scroll through and post a link for you

The best bit is that because they discontinued so late they would've had to pay an extra £600 to file pre trial checklist and hearing fees and not forgetting the £200 allocation fee

 

You are more than welcome to use anything I have There are a couple of things I'd change on it first, benefit of hindsight an all that!! I'll post it up later on tonight for you

[wannabedebtfreesoon]

http://www.consumeractiongroup.co.uk/forum/show-post/post-2786410.html

[rcl]

wow that was super speedy, Thanks so much

 

Yep, aware of the 14 day lba, so will alter and send this week. Thanks again x

[rcl]

of course, I just need to follow your thread from the beginning, and all the info is there, stupid me ! Thanksx

[wannabedebtfreesoon]

wow that was super speedy, Thanks so much

 

Yep, aware of the 14 day lba, so will alter and send this week. Thanks again x

lol! I know my thread ha ha!!

Make sure you put in as much detail as you can and clearly state exactly what you require as restitution. You don't want to give them any excuse to start a game of stalling letter ping pong! Pin them down so their only response can be a yes or no. If it's a yes, bonus! If it's a no, straight on to your claim

 

And don't let them fob you off with threats that they can restart their claim cos they can't without express permission from the court. The very best of luck!! If you need anything just shout

[wannabedebtfreesoon]

of course, I just need to follow your thread from the beginning, and all the info is there, stupid me ! Thanksx

Not stupid at all!! That is the beauty of cag, we post our threads so that others in the same situation can benefit Pleased to be of help

[wannabedebtfreesoon]

I'd also suggest that you reiterate your defence as the bulk of your lba and quote section 140 of the 2006 amendments

[rcl]

How is this for an LBA

 

Agreement Number XXXX

Dear Sirs,

14 DAY NOTICE BEFORE LEGAL PROCEEDINGS

 

With regard to the above agreement number, Please take this letter as formal notification of 14 days before legal proceedings.

1. I submit that the agreement has been improperly executed, in that the signature of Mr ? is missing, and that the agreement is not dated, contrary to Section 61 (1) of the consumer credit act.

2. I acknowledge that there were 2 missing payments against agreement number XXX, yet at no time did Duncton contact me about the arrears, and there is no evidence to suggest you did.

3. Duncton No 1 claim a default notice has been sent to me, yet I have no recollection of receiving a default notice, contrary to Section 87 (1), and there is no default notice shown on my credit file, so I could not be reasonably expected to assume that one even existed and so be given any opportunity to rectify the breach.

4. The default notice that was allegedly sent to me contains various errors, in that:-

a) Section 88 of the Act, and regulation 2 (5), the statements which are required to be in the form specified, were not afforded more prominence than other lettering in the notice, and where words shown in capital letters and underlined in the schedule to the regulation, they were not affording more prominence in the default notice.

b) The default notice has no signature or company name at the end

c) The default notice contains two £25.00 penalty charges, as clause 11.1 of the agreement, yet clause 11.1 of the agreement shows no penalty charges on the agreement, and clause 11.2 shows only one type of penalty charge

"Failure of a Default or Termination Notice to be accurate not only invalidates the Default or Termination Notice (Woodchester Lease Management Services Ltd v Swain & Co - [1998] All ER (D) 339) but is an unlawful rescission of contract which would not only prevent the Court enforcing any alleged debt, but give the Claimant a claim for damages. (Kpohraror v Woolwich Building Society [1996] 4 All ER 119)"

 

 

5. Despite Dunctons not being entitled to enforce the agreement, it was repossessed from private property, without my consent, breaching section 92 (a) of the Act. This is confirmed in Dunctons communications list, which I have in my possession. Neither have I seen a copy of any Court Repossession Order required by Duncton in order to repossess the vehicle off private property, as stated in Section 92 subsection (1) of The Consumer Credit Act 1974; by which this agreement was regulated.

“92 Recovery of possession of goods or land

(1) Except under an order of the court, the creditor or owner shall not be entitled to enter any premises to take possession of goods subject to a regulated hire-purchase agreement, regulated conditional sale agreement or regulated consumer hire agreement.”

 

“(3) An entry in contravention of subsection (1) or (2) is actionable as a breach of statutory duty.”

6. As soon as I became aware of the arrears, which is after you repossessed the vehicle, I made a phone call from Florida and offered to pay all arrears immediately by debit card. This offer was rejected, and I was advised that I would need to pay in excess of £16000.00 in order to get the car back. Your communications list verifiys this conversation

7. Dunctons have since failed to return my personal belongings, which were in the car when it was taken from my driveway. Peak repossession paperwork verifies there were belongings in the vehicle, as does your communication to me. As detailed in your communications list, I took particular issue with this on 22nd December 2008.

8. Dunctons have since removed two entries from their communications list, in court evidence, in an attempt to hide the fact that the vehicle was removed from private property without a court order, and that there were personal possessions in the car.

As a result of this I believe this agreement was terminated unlawfully and also constitutes Unlawful Rescission of Contract

This letter is to give your company an opportunity to explain its actions and to rectify this matter to a standard that would be achieved in a Court of Law.

If no response is received after 14 days from receipt, an application will be submitted to the Court for the return of All Monies Paid to Duncton No 1 Limited, which includes the value of a motorcycle used as a deposit, including interest at the contractual rate, a replacement vehicle of similar age and condition, costs and damages.

 

 

Yours faithfully

 

rcl

 

 

[wannabedebtfreesoon]

Looking good I would also add something along the lines of "in restitution I require xxxxx as this is what I would expect to obtain should I commence legal proceedings against yourselves. If this restitution is not forthcoming I will have no other option than to issue a claim against yourselves in the county court which may incur further costs and damages."

 

Personally I'd mention that my claim would be brought under section 140 for unfair relationship and unlawful repossesion. Just so they know that you know what you are talking about If you can I'd make it a bit more menacing lol! But that's probably just me ha ha!!

 

Gotta go post the hard copy of my disclosure to welscum just now. I'll be back later on this evening, keep up the good work

[wannabedebtfreesoon]

Oh and add an exact date that you expect a total resolution for the avoidance of doubt

[rcl]

good call, will make the changes tomorrow and send recorded delivery, with an e mailed version too lol

[Calb0b]

Subbing

 

(Reaches for Popcorn)

[rcl]

Get Comfortable Calbob, you might be stuffing popcorn for a while yet !

 

Should i wait till the wasted costs are paid before i send my lba. ? I know sensibly that one has nothing to do with the other, but I also know what Dunctons are like to appealing and playing dirty tricks !

[wannabedebtfreesoon]

There's no reason why you should wait The 2 cases are totally separate. Let them do their worst, you have the law on your side I can't say enough though how crucial it is to dot i's and cross t's, play it by the book to the letter. They'll be looking for the tiniest get out clause, don't give them it!!!

 

If the court grants you your costs make sure you follow it up with a warrant of execution if they don't pay up. It's your turn my friend

[rcl]

Ive just sent 2 wasted costs applications to the court, one from me, one from hubby, sent recorded delivery

 

Ive also sent my 14 day notice before legal proceedings to dunctons by recorded delivery, and e mailed a copy to the senior litigation officer at dunctons too

 

I'm such a child, I'm sniggering at the thought of them receiving my communication, I know there is a load of hard work in front of me, but I like a challenge, and will just take it one step at a time

 

I wouldnt have dreamt of doing this without CAG, so a big thank you to everyone for getting me this far

[cab1ne]

Subbing

 

(Reaches for Popcorn)

 

iv'e eaten all of my popcorn (can you ask bee to get me a bag when she pops out shopping)

 

top draw cagging peeps.

 

cab

[wannabedebtfreesoon]

iv'e eaten all of my popcorn (can you ask bee to get me a bag when she pops out shopping)

 

top draw cagging peeps.

 

cab

Popcorn bought, thanks Cab

[wannabedebtfreesoon]

Ive just sent 2 wasted costs applications to the court, one from me, one from hubby, sent recorded delivery

 

Ive also sent my 14 day notice before legal proceedings to dunctons by recorded delivery, and e mailed a copy to the senior litigation officer at dunctons too

 

I'm such a child, I'm sniggering at the thought of them receiving my communication, I know there is a load of hard work in front of me, but I like a challenge, and will just take it one step at a time

 

I wouldnt have dreamt of doing this without CAG, so a big thank you to everyone for getting me this far

 

Childlike behaviour is one of the terms of cag membership, didn't ya know??!

 

And a big well done to you for standing up and fighting!!

cag is a beautiful place, we're all here to learn and share

 

The very best of luck, you know we'll all be here watching your back every step of the way x x x

[wannabedebtfreesoon]

mmmm...toffee

[cab1ne]

mmmm...toffee

 

Mmmmm: yeh, KutterBist. just luv it:p

 

cab

[rcl]

Just checked the royal mail site, wasted costs application received and signed for today, as was the 14 day notice at Dunctons

 

2 weeks of sat back and waiting now, so I wont post again till either I hear anything, or 2 weeks has expired !

[beyondhope]

Just checked the royal mail site, wasted costs application received and signed for today, as was the 14 day notice at Dunctons

 

2 weeks of sat back and waiting now, so I wont post again till either I hear anything, or 2 weeks has expired !

 

 

Ooo fab! get a print out of those signatures best of luck and dont leave us for too long x

[rcl]

I have received a letter from Chafes Solicitors, 16 Alderley Rd, Wilmslow, Cheshire (www.chafes.co.uk)

 

I dont have a scanner, so will just type what it says

 

Dear Rcl

 

Our Clients:- Duncton No 1 Limited

 

We have taken instructions from our above named clients in connection with your letter dated 14th July 2010.

 

We do not expect any difficulty in reverting to you within the 14 day period referred to in your letter, however we trust that you will appreciate the need for us to take appropriate instructions which may require further time before we are then in a position to provide you with our final response. If further time is required we will revert to you prior to the expiry of the 14 day period.

 

Yours....

 

 

 

I note that Dunctons, despite being in Sussex, have employed solictors in Cheshire. I live in Lancashire. I am thinking they are worried enough to employ the solicitor, but want one near to where I leave to keep defence costs to a minimum ? Speculation.... time will tell. Im happy they are concerned enough to employ an outsider, rather than ignore me, or send me a standard brush off letter

[rcl]

I am going to start getting my claim form ready for submission next Thursday to the court. I wont hold my breath waiting for solicitors to get back to me before 14 days are up with any king of offer:rolleyes: Should I use the details in my LBA for my particulars of claim ?

 

Is there anything I have missed, that needs to be put in, or anything I have put in that shouldnt be ?

[wannabedebtfreesoon]

Hello rcl, if I could have my time again I'd add in a reference to trespass laws.

OH!! I just remembered I was gonna send you a copy of my POC!!

 

So sorry for the delay, I've been a scatterbrain

 

I'll get that sorted for you tomorrow, promise!!