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

[just_jue]

Hi, I had a reply from the solicitor showing how much they will be claiming tomorrow if the court says they can be awarded cost. My argument will be that if they had sent the paperwork to my new address they had they wouldn't have to travel down to the hearing tomorrow. Will this be a valid argument?

 

Thanks

 

JJ

[just_jue]

Hi, would it also worth mentioning that I have never had a statement regarding the account?

 

Any advice please as the case in a couple of days.

 

Thanks JJ

[debbbbsy]

Hi,

I don't know anything about car finance, but I would defenitely say that the letter from the solicitor is a "Bullying" response.

Whether you owe the money or not, court procedures determine that you should have recieved the court documents, you should have been given the opportunity to defend the claim if it is inaccurate.

The original creditors refusal to comply with your SAR puts you at a disadvantage. The consumer credit act 2006 ammendments refers specifically to "Fairness", and inparticular a "Cards on table" approach in all proceedings. The "Burden of Proof" is not on you to proove that they have a case.

Your argument is quite simply, and must be stressed to the judge(Firmly but ever so politely ) The solicitor and there client had your correct address (You have letters to prove this). For whatever reason, the solicitor when making this claim gave the courts inaccurate information.

If the judge asks if you owe the money, be polite, but under no circumstances say yes. You are unable to respond to his questions because the OC refuses to comply with your SAR. Owing the money is a moral issue, recieving the court docs is a legal requirement.

 

I personally would not recommend speaking with them prior to the hearing.It will accomplish nothing. If you do, let them speak. Make notes, & say as little as possible. Ask 1 question & repeat it, Why, if you had my correct address did you file the claim to the wrong address? They WILL try to intimidate you, threaten you with further legal cost, point out that as a litigant in person you are charging £9.50 an hour. Stay strong and make the judge aware of everything.

I have read many threads, were the judge to begin with is not prepared to listen to the litigant, but stay calm & resolute, the other side will throw in some legal jargon. Unfortunately, at the end of the day, it all depends on the judge. But remember, if you are unhappy with the proceedings, you can request a transcript of the hearing. You can challenge any decision made.

 

Good Luck

Debsxxx

 

 

 

Good Luck

[just_jue]

Hi Debs, thanks for the advice. I will post up what happens.

 

JJ

[debbbbsy]

Good luck tomorrow. Remember, regardless of what happens, under no circumstances admit you owe the money. If asked, you do not have to admit the debt, owing is a moral issue not a legal point .

 

Debs xx

[just_jue]

Hi Debs, got something up my sleeve if I get asked that!

 

JJ

[dx100uk]

go eat 'em for breakfast

 

i bet they backdown

 

dx

[just_jue]

Thanks again for all your support, will let you know what happens later.

 

JJ

[Surfer01]

Dx as a matter of interest GAP insurance and PPI are totally different unfortunately. GAP pays the difference between and insurance payout on a written off vehicle whilst PPI does the employment bit.

Hopefully the OP will have success today and overcome this bullying firm..

[just_jue]

Hi, just to let you know I am back from the court and was successful in getting the judgement set-aside, the now have 14 days to represent the papers to me at my new address.

 

Thanks again for all the advice especially DX & Debs to words of wisdom helped me a lot today.

 

JJ

[dx100uk]

Dx as a matter of interest GAP insurance and PPI are totally different unfortunately. GAP pays the difference between and insurance payout on a written off vehicle whilst PPI does the employment bit.

Hopefully the OP will have success today and overcome this bullying firm..

 

well done JJ!!

 

as for the insurances, i note the diff uses, but the OP has still been charged them & interest on them, so can be reclaim via the same process.

 

dx

[just_jue]

Hi, I am just going through the paperwork again and would like some more advice. I paid £400 deposit, now £160 was paid towards the GAP insurance (which we had to have).

After reading some other posts regarding Yes Car Credit who did the same it made the agreement unenforceable. Would this apply to my agreement?

 

Thanks

 

JJ

[postggj]

Evening all

 

sorry ive been away, hospital( again)

 

to answer your question, can you give a link to the agreement to save me searching for it

 

regards

[just_jue]

Hi Post, here we go: http://i718.photobucket.com/albums/ww185/just_jue/mallardleasing.jpg .

 

Hope you are feeling better.

 

JJ

[postggj]

I know i need my eyes testing but where on the agreement is the part for the deposit

[just_jue]

On the left under the car price £3200 - Deposit £400

[postggj]

Sorry if going over old ground and if ime repeating myself but you know me, i need facts in black and white

 

where is the gap insurance on the agreement

[just_jue]

It is at the bottom right hand corner

[postggj]

NOW THE GOOD NEWS

 

AGREEMENT IS A DUD

 

AMOUNT OF CREDIT MISSTATED

 

GAME OVER:lol:

[just_jue]

Thanks for that, I have 4 weeks to get all the paperwork in as long as they send me the court forms before the 29th

[postggj]

That will be my pleasure

 

bump me on the 29

 

if no reply we go straight in for strike out

[just_jue]

No worries, thanks again

[cab1ne]

cab:

 

The legislation that you have attached in a .pdf document is not UK Legislation, it is an Act in force in New Zealand, from what I can see. I can't find such an Act listed in any statute database active for the UK.

 

Cheers

UF

 

As they are part of the commonwealth I am certain this would be the same as our laws.

 

English contract law is an influential body of law regulating the law of contract that operates in England and Wales. Its doctrines form the basis of contract law across the Commonwealth, including Australia, Canada, New Zealand contract law, India and South Africa, as well as the United States and the wider common law world. It also influences international law.

 

cab

[postggj]

Evening

 

you know me and secret commission

 

if you have it in black and white then its game over

 

wilson v hurstanger

 

what the full sp on this

 

give a brief update please

[just_jue]

Hi Post, I have sent them a letter wanting recession of the contract and included a spreadsheet of the payments made and interest. This letter was signed for on the 16th August but as of yet no reply to them.