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

[just_jue]

Problem is I have all the information on the paperwork which I cannot find at the mo

[just_jue]

Hi, could someone have a quick look over my letter before I send it.

 

Thanks

 

JJ

[just_jue]

Hi, Left another message for the solicitor but still no answer (the solicitor is a 'no win no fee' solicitor), so I think as it is not that easy he has ignored me.

So I am going to fight this myself. If someone can look over the letter before I send it it would be appreciated.

 

JJ

 

17th June 2010

 

Dear Sir / Madam,

 

Thank you supplying the Subject access requestautolinker.com autolinking image. 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

[just_jue]

I have sent the letter but had no reply yet, how long should I wait?

And if I don't get any reply what would be the best course of action next.

 

Thanks

 

JJ

[Pinky69]

Two weeks is the normal time to allow for a reply. As they are chasing you for money they will get in touch again - they may be taking legal advice themselves, they may decide it is not worth pursuing if there are going to be legal complications or they may sell it on to a DCA. Be patient for now and see what they come up with.

[just_jue]

Funnily enough, since they sent the SAR about 4 months ago we haven't heard a peep! So it does sound like they are looking to get rid of it onto another DCA.

 

Thanks for the advice

 

JJ

[just_jue]

Hi, still have nothing back from the DCA. Could I now but the account in dispute and ask for their complaints procedure?

I have a feeling that they will send the debt back to BCT.

So I have to get a strong worded letter sent off an see what comes back.

 

JJ

[Ford]

see this (maybe unfavourable!) case re broker admin fees

Southern pacific Loans ltd v Walker & Anor [2009] EWCA Civ 1218

[just_jue]

Thanks for that, I have just had a quick look over, but the thing that I can see different is the Broker fee was not shown on my agreement like in this case.

 

So would I have a chance of having the agreement rescinded? as the broker fee wasn't disclosed.

 

Thanks for all the advice

 

JJ

[Ford]

Thanks for that, I have just had a quick look over, but the thing that I can see different is the Broker fee was not shown on my agreement like in this case. ok, i see what you mean. eg from first instaNCE: '.........legislation enacted for the consumer's protection by ensuring that the borrower could see at a glance what he was being offered and the true cost of what would be charged for the provision of credit.'

 

So would I have a chance of having the agreement rescinded? as the broker fee wasn't disclosed. not sure tbh. maybe this case could then be in your favour!? as pinky says, 'secret commission'?

 

Thanks for all the advice

 

JJ

 

was the broker fee in the 'amount for credit'?

[just_jue]

Hi, I have finished the letter putting the account in dispute, so we will see what they think of that.

 

Sorry to sound so thick but how do you add a 'quote' to your reply?

 

JJ

Edited July 27, 2010 by just_jue
spelling mistake

[just_jue]

Hi, just found this on the OFT Website which is going to be my main reason for complaint:

 

It is the OFT's view that there are a number of overarching principles of

consumer protection and fair business practice which apply to all lending

and broking. These have particular relevance for secured loans given the

increased risks to the borrower (including repossession of their property).

There is, therefore, a responsibility on all second charge brokers and

lenders to ensure that their business practices and procedures are

sufficient to ensure that the following principles are adhered to in

practice:

• there should be transparency in all dealings with potential and actual

borrowers, with full and early disclosure and adequate explanation of

all contract terms and conditions and all fees and charges which may

be payable

[Ford]

..........

Sorry to sound so thick but how do you add a 'quote' to your reply?

 

JJ

 

do you mean this?

copy and paste (or type) in the required 'quote', then highlight it and click the 'Wrap' button in the message box toolbar.

[just_jue]

Him just received response to my set aside application and the hearing is early September.

I would like to know what happens now? The amount they are asking for is way over what I think it should be mainly through charges etc. How do I find a break down of the amount? Do I ask for these details before the hearing or after?

 

Thanks again for all your help

 

JJ

[just_jue]

I have sent a 'dispute letter' to Marlin but have a feeling that they will try and ship this out to another DCA or send back to BCT.

[just_jue]

Hi,

 

I have just received a letter from the solicitor who is dealing with the case and I need some advice.

 

He has wrote:

'We have taken out clients urgent instructions and they acknowledge that they omitted to advise us of your new address when they initially instructed us. Unfortunately nothing sent to your old address had been returned by the Post Office. It was only when the bailiff attended at your old address to serve the Attachment of Earnings order papers upon you that we became aware that you were not living there.

 

Under civil procedure rules the court may set aside judgement if it is satisfied that you did not receive the claim form but if the claimant can show that you have no defence to the claim in any event the claimant can ask the court for re-service of the claim to be dispensed with the summary judgement to be granted there and then. Effectively your application will achieve nothing.

 

Your application fails to disclose a defence to the claim in any event.

 

We enclose a copy of the claim form. You will see we have issued a claim for xxxx being the unpaid balance of the HP agreement which experied as long as 2003. There cannot therefore be a defence to the claim'

 

What should I do now?

 

JJ

[inkslinger]

Do you have any copies of letters you sent saying you were disputing the amount etc? Im no expert, but if you have copies of letters and proof of postage clearly showing you were in dispute with the amounts and trying to resolve the situation then I would thing you have grounds to set aside.

 

From what Iv read, you a) need a reason (in this case it was sent to wrong address) b) its been in dispute, (proven by letters etc), and c) you can prove if you were at the hearing and things went against you you were in a position to pay? I'm sure someone will correct me if I'm wrong but that's my understanding of it.

 

Gong through the same thing myself so I'm reading all I can.

[just_jue]

Hi, thanks for your input, I do have letters asking for more information.

Would it be worth me sending the SAR for all the information I require?

If I send this it is still within 40 days of the court hearing?

 

JJ

[just_jue]

Hi, I have just been searching this site and come across this, would this be a good letter to send to the solicitor?

 

'Dear ………………………………..,

I acknowledge receipt of your notice of legal action sent by your company on xxx

which was received on xxx.

Please be aware that any proceedings will be extremely vigorously defended and that a

counter-claim will be made against Robinson, Way and Company Limited.

I am unable to respond further at this time, since you have given me inadequate information

to investigate the claim. Please note that under the Overriding Objectives, you have a duty

to act reasonably at all times.

As you are aware, under the pre-action protocols of the Civil Procedure Rules, your letter

before action should have included the following information:

4.3 The claimant's letter should —

(a) give sufficient concise details to enable the recipient to understand and investigate the

claim without extensive further information;

(b) enclose copies of the essential documents which the claimant relies on;

© ask for a prompt acknowledgement of the letter, followed by a full written response

within a reasonable stated period;

(For many claims, a normal reasonable period for a full response may be one month.)

(d) state whether court proceedings will be issued if the full response is not received

within the stated period;

(e) identify and ask for copies of any essential documents, not in his possession, which

the claimant wishes to see;

(f) state (if this is so) that the claimant wishes to enter into mediation or another alternative

method of dispute resolution; and

(g) draw attention to the court's powers to impose sanctions for failure to comply with this

practice direction and, if the recipient is likely to be unrepresented, enclose a copy of this

practice direction.

I note that your letter failed to enclose copies of the essential documents upon which you

will seek to rely, failed to ask for acknowledgement of the letter, failed to ask for a written

response within a reasonable period of time, and did not draw attention to the courts powers

to force all parties to comply with the practice direction.

I intend to provide you with a full written response, but as yet I have not got adequate

information to investigate your claim.

To enable me to investigate this claim I require specific information regarding the account

to be provided forthwith. Given that this matter is now the subject of legal proceedings,

you are obliged to disclose under the Civil Procedure Rules, the information and documents

detailed below.

If you fail to disclose this information, I may apply to the court under part 18 and part 31 of

the Civil Procedure rules.

I will be unable to respond to your claim without this information, and by failing to supply it

before starting legal action you would breach the overriding objective of the Civil Procedure Rules.

Request for disclosure;

I request that you send me information vital to investigating your claims, including:

1. A true copy of the executed credit agreement and any terms and conditions that applied

to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and

payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to

telephone conversations by your company, or by any previous creditor.

c. Where there has been any event in my account history over this period which has required

manual intervention by any person, I require disclosure of any indication or notes which have

either caused or resulted in that manual intervention, or other evidence of that manual

intervention in relation to my account formerly held with xxx.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you

or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract

and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the

amount of the charge, a detailed financial Breakdown of how the charge was calculated, and

what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and

a detailed breakdown of said fees/charges and what each charge relates to and on what date

said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of

the nature of the information you have disclosed.

3. Any other documents you will seek to rely upon in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their

registered office, their company number (if any) and what legal title they had to this debt,

and what credit license number they had at the time that the debt was purchased or entered into.

Please note, I will respond to your claim in full within 28 days of your providing this information.

I must advise you that if the information is not forthcoming, or if you start proceedings without

furnishing this information, it will be reported to the Court that you are denying me the opportunity to settle this matter amicably.

Yours Faithfully,'

 

Thanks

 

JJ

[dx100uk]

looks good

 

also you might well be able to include that the dn is invalid too as the ammount claimed inc charges and ppi so is thus not a true balace.

 

i think you can blow this ccj out of the water easily.

 

how much is outstanding and how much is your claim for

 

 

....dont forget you can add 8% stat int from the dates of the monthly PPI figure paid each month and from thwe date of each unlawfull charge.

 

dx

 

ps who is the creditor?

[just_jue]

Hi DX thanks for that, they are saying £1500 plus the court & solicitors charges, I don't think the solicitor likes that I am trying to set aside.

The creditor is Mallard Leasing, when I took out the agreement I had to have Gap insurance as the garage said that I couldn't drive off without it.

I will send the letter tomorrow and see what response I get.

 

JJ

[michellej1]

Thanks for that, I have just had a quick look over, but the thing that I can see different is the Broker fee was not shown on my agreement like in this case.

 

So would I have a chance of having the agreement rescinded? as the broker fee wasn't disclosed.

 

Thanks for all the advice

 

JJ

 

Hi I believe you will be right in thinking about getting the agreement rescinded, please read the below text , hope it helps

 

Void, Voidable, And Unenforceable Agreements

 

7. A void agreement is one that is entirely destitute of legal effect.

 

8. A voidable contract is one that is capable of being affirmed or rejected at the option of one of the parties, but which is binding on the other.

 

9. An unenforceable contract is one that is valid, but incapable of being sued upon or proved.

 

We have seen, and in dealing with the formation of contract we shall see more in detail, that certain requisites are essential, and, if they are absent, the contract is said to be void. By this it is meant that it has no legal effect whatever. Clearly, in such a case, there is no contract at all, and it is a misuse of terms to speak of it as such. A transaction or agreement cannot be void and be called a contract, so it is more accurate to say that the transaction or agreement is void.

 

A voidable contract is not destitute of legal effect, but may be valid and binding. It is a contract that is capable of being affirmed or rejected at the option of one of the parties. It is binding if he chooses to affirm it, and is of no effect if he chooses to reject it. The other party has no say in the matter. Such is the case, as we shall see, with contracts into which one of the parties has induced the other to enter by means of fraud. The latter may repudiate the contract, or, if he sees fit, he may waive the fraud, and hold the former to his bargain.

 

Think this say's it all , and like it say's "THE OTHER PARTY HAS NO SAY IN THE MATTER"

 

GOOD LUCK

[michellej1]

It will seem, at first thought, that certain agreements said to be void are not so in fact. For instance, as we shall see, an agreement may be void on the ground of mistake, or, in a few cases, because of the infancy of one of the parties; but, if the mistake or infancy is not pleaded in the action to enforce it, the parties will be held bound. Such an agreement, however, is just as void as an agreement to do something which the law forbids. The cause of nullity is latent, but this does not alter the character of the transaction. It is void if the defendant chooses to prove it so.29

 

If the defendant in these cases may, at his option, avoid the contract, or let it stand, there would seem to be a certain unreality in the distinction between void and voidable agreements; but this is not so in fact. In case of voidable agreements there is a contract, though it is marked by a flaw; and the party who has the option may affirm it in spite of the flaw. Where, however, an agreement is void, it falls to the ground as soon as its nullity becomes apparent. It is incapable of affirmance. Another distinction is in the fact that in case of voidable contracts innocent third persons, acting in good faith, may acquire rights thereunder, and thereby cut off the right to avoid it; but no such rights can be acquired where the transaction is void.*0

[just_jue]

It will seem, at first thought, that certain agreements said to be void are not so in fact. For instance, as we shall see, an agreement may be void on the ground of mistake, or, in a few cases, because of the infancy of one of the parties; but, if the mistake or infancy is not pleaded in the action to enforce it, the parties will be held bound. Such an agreement, however, is just as void as an agreement to do something which the law forbids. The cause of nullity is latent, but this does not alter the character of the transaction. It is void if the defendant chooses to prove it so.29

 

If the defendant in these cases may, at his option, avoid the contract, or let it stand, there would seem to be a certain unreality in the distinction between void and voidable agreements; but this is not so in fact. In case of voidable agreements there is a contract, though it is marked by a flaw; and the party who has the option may affirm it in spite of the flaw. Where, however, an agreement is void, it falls to the ground as soon as its nullity becomes apparent. It is incapable of affirmance. Another distinction is in the fact that in case of voidable contracts innocent third persons, acting in good faith, may acquire rights thereunder, and thereby cut off the right to avoid it; but no such rights can be acquired where the transaction is void.*0

 

Hi, so correct me if I am wrong, but does this mean that because BCT paid the broker a commission they have done nothing wrong it is the broker who I should be going after?

 

Thanks

 

JJ

[michellej1]

You could go after either as both accessory to the breach , Me personally would go after the lender , the broker would only be ordered to repay the Bribe ,

 

Were as with the lenders in your sights , you can make the agreement Voidable , which in some cases can see the borrower relieved of the burden of a flawed debt , plus depending on the amount of time the agreement has been in place , possibly a financal return , asyou will be in the same postion as if the agreement never took place ,