backdoor CCJ by mullard after returning car 4 weeks ago!! **DISCONTINUED**

[just_jue]

Hi, I don't think so, the original company was Mallard Leasing

[dx100uk]

so who's got the ccj against you then?

 

dx

[just_jue]

The man from the court said it was Mallard Leasing

[just_jue]

There is bound to be some charges and the GAP insurance on this agreement, will I be able to claim them back?

[just_jue]

Hi, when i'm filling out the N244 form do I also have to go to a solicitor and sign a affidavit? Or will sending proof that they have been writing to my current address do.

 

Thanks

 

JJ

[dx100uk]

not sure

look in the legal section

in fact

it might be an idea to hit the warning triangle and get your thread moved there

that way the team will see it

its hidden here is the CRA forum.

 

dx

[just_jue]

Thank you, have asked for the thread to be moved

 

JJ

[cerberusalert]

Moved to Legal Forum

[just_jue]

Thank you

[ploddertom]

Hi, when i'm filling out the N244 form do I also have to go to a solicitor and sign a affidavit? Or will sending proof that they have been writing to my current address do.

 

Thanks

 

JJ

 

Not at all. I assume you are applying for Set Aside on the grounds you never received the original paperwork as it was sent to an old address - despite them having your new one!! This meant you never had an opportunity to defend/counterclaim/make an offer of payment.

 

Although this may be the case you may also have to provide some means of being able to pay the debt - unless of course it is either paid or you didn't owe it in the first place. This can be done by paying the Claimant in full or making a proposal for payment which will pay the debt off in say 6 months time. The Court may even suggest that payment is made to them prior to the Hearing as an gesture of good faith.

 

You can put all this down on a separate sheet of paper and sign and date it yourself as a Statement of Truth.

 

PT

[just_jue]

Thanks for getting back to me, I had been fighting regarding a miss selling of insurance and charges so the amount they applied for is wrong. I don't know what will be the best thing to do.

[ploddertom]

Thanks for getting back to me, I had been fighting regarding a miss selling of insurance and charges so the amount they applied for is wrong. I don't know what will be the best thing to do.

 

What have they said about this?

 

PT

[just_jue]

I got my CCA request back but nothing else that I wanted via a SAR request. There seems to be some trouble regarding the GAP insurance which we were sold when we didn't ask for it.

[ploddertom]

I have to be honest and say I know nothing about the insurance side of this, I assume it is all to do with what you got when you received the car. I would ask others that know about the ins and outs of this to explore more.

 

You mention CCA & SAR, which one did you specifically ask for? If it was for a SAR did you send the £10 fee? If it was you should have had back a lot more than what you say you have.

 

PT

[just_jue]

Yes I sent off a CCA request as well as the SAR with the monies last year when they got in contact, got the CCA back but nothing regarding the SAR, I thought it would come along later but nothing arrived.

The last payment I can remember making to them was Jan 05.

[ploddertom]

Yes I sent off a CCA request as well as the SAR with the monies last year when they got in contact, got the CCA back but nothing regarding the SAR, I thought it would come along later but nothing arrived.

The last payment I can remember making to them was Jan 05.

 

As ar as the SAR is concerned they only had 40 days to respond to that - obviously well past know. Do you know if they encashed the payment? Was your CCA request in the same envelope? Were both requests written on separate letters?

 

I think regardless of the replies to those you still have a chance of Set Aside particularly as you were found "guilty" by Judgment in Default.

 

PT

[supasnooper]

Setting Aside a CCJ -

 

A Guide To Setting Aside CCJ's You Never Received

CCJ removal inc. step by step guide

Applying for a Set-aside

[just_jue]

Thank you for the links, that helps a lot

 

JJ

[just_jue]

The Solicitor has not rung me back so I think I am on my own again, time for some serious letter writing and research.

 

If anyone has any info on non disclosure this would help me in my quest

 

Thanks

 

JJ

[Pinky69]

A secret commission can mean recission ie puts you back in the position you were in before the agreement and they get the car back. This is the same for secured and unsecured loans. It would be for a court to decide if recission is what they call "just equity." Solicitors are dead slow and stop. I would give him/her a call and see what is happening.

[just_jue]

Hi, thanks for that it seems the broker has broken the fiduciary code by not disclosing to me the commission, I am writing a letter as we speak and will post up before I send to them. Sadly in all my paperwork I have lost the solicitors number and their web site is not working!

[just_jue]

Here is my letter if someone can look over it before I send.

 

17th June 2010

 

Dear Sir / Madam,

 

Thank you supplying the Subject Access request. On reviewing the paper work I have come across a serious error regarding the agreement.

 

On the 3rd January 20 a correspondence was sent to P**** Financial Contracts LTD regarding commission payment of £1,*****.

 

This payment was not disclosed to me and this payment can be seen as a bride I draw your attention to court case Wilson v Hurstanger.

 

The broker has breached his fiduciary duty by not disclosing this secret commission. Significantly, the lender, who had paid the commission knowing that the broker was acting as the agent of the borrowers are liable as an accessory to that breach.

 

I have been seeking legal advice on this matter and will await your response before I take further action.

 

 

Yours sincerely

 

JJ

[ScarletPimpernel]

Unless the broker married the loan, I think the word you're looking for is bribe!

[just_jue]

He He glad I didn't send it

[Pinky69]

You will get the solicitor's phone number if you google BT Directory and enter it in the business search.