?ccm? Close Managment - court paper received over car finance - help

[Mr Worried]

Hi All

 

Please find my link to the original thread http://www.consumeractiongroup.co.uk/forum/showthread.php?283432-ccm-Close-Managment-court-paper-received-over-car-finance-help/page3

 

I have to hand in my defence on the 26th Jan, yet I have lots of ifs and butts, I have penciled the defence as follows, if you have any input then please advise me ASAP so that I can adjust, Print, then deliver to the friendly court manager.

.................................................................................................................................................

 

 

Claim Number xxxxxxxxxxxxxxxx

 

I am a litigant in person with no recourse to legal help, the alleged debt has been inflated with various charges and I have no idea of what the correct amount owed is, I have on many occasions requested a complete breakdown of my account from Santander and also requested their help in reducing my payments for a short time given my financial hardship I previously requested my CCA from Santander so that I could view the amount of debt and with their help hopefully find a resolve.

 

Santander never responded to my CCA request nor offered me any help with my situation they acctually sold the debt to the Claiment 'Close Credit Management' when CCM contacted me I explained the situation with Santander and my previous request's for help, and they, CCM just kept telling me to pay the amount in full and offered me no help or assitance despite my request to do so.

 

Then Banner Jones solicitors contacted me with requests for full payment and yet again I explained my situation and they choose to ignore me.

 

I then recieved court proceedings from CCM and duly returned my Aknowledgment.

 

I would request that this claim is refered for mediation so that I have the opportunity to find a resolve to this matter.

 

Thank you

 

Mr W

........................................................................................................................................................

 

 

Probs went on a bit, C'mon edit this for me so that it is good enough.

 

Mr W

[Mr Worried]

Bumpety Bump Please

[batman1956]

Because they have not complied with your CCA request then you have a complete defence in law. Make this point 1 of your defence. This should at least buy you more time as the case should then be adjourned until they provide the correct paperwork. You must prove that you sent the request to them. If they turn up at court with a CCA then you should explain calmly that this is the first time that you have seen the document and you need time to ascertain if it complies with all the requirements. This again should get the case adjourned.

[Mr Worried]

Hi Batman

 

Guess what turned up today in the post? yes ..a cca? from GE Money what now?

 

Mr

[postggj]

They are prohibited from selling the account/defaulting/terminating tha account while in default of your cca request

 

please say you sent the request by recorded delivery TO SANTANDER/GE

[batman1956]

Is the CCA that they sent enforceable?

[Mr Worried]

C'mon post, wadya think, oh yes and I have reciept etc.

 

 

They are prohibited from selling the account/defaulting/terminating tha account while in default of your cca request

 

please say you sent the request by recorded delivery TO SANTANDER/GE

[Mr Worried]

Hi Batman

 

Dunno m8,

 

Is the CCA that they sent enforceable?

[Mr Worried]

Hi Post and Bats

 

I have till the 28th Friday to return defence, as I called the court today and confirmed the timescale etc.

 

Should we do a all guns blazing defence? or something as I have doen in post 1 ?

 

Mr, slightly unsure.

[Tingy]

Hi Mr W,

 

As I said in my pm I've NEVER done this before, but I've read your previous thread and assume from the tone of your letter that you don't at this stage start quoting the law. This is what I've come up with - have a read and let me know what you think.

 

Claim Number xxxxxxxxxxxxxxxx

 

I am a litigant in person with no recourse to legal help. The alleged debt has been inflated with various charges and I now have no idea of what the correct amount owed is. I do know that I have paid around 70% of the total amount due under this agreement. I have on many occasions requested a complete breakdown of my account from Santander so that I could see exactly how these charges were comprised. Sadly they were not forthcoming in responding to my requests.

 

As well as asking for a breakdown of my account from Santander, I also requested their help by asking them to agree to reduced payments of £50.00 per calendar month for a short time given my financial hardship.

 

I had previously requested my CCA from Santander so that I could view the amount of debt and, with their help, hopefully find a resolution. Having already paid 70% of the balance and shown goodwill and intent to resolve this issue to our mutual satisfaction I believed this request to be reasonable in the circumstances.

 

Santander never responded to my CCA request, nor did they offer me any help with my situation. They actually proceeded to sell the debt to the Claimant 'Close Credit Management.'

 

When Close Credit Management contacted me, I explained fully the situation with Santander and my previous requests for help. I was still trying my best to reach a mutually satisfactory resolution to this issue. Close Credit Management just kept demanding I pay the amount in full and offered me no help or assistance at all, despite my requests for them to do so. This put me under undue strain and stress as despite following all good advice on how to handle debt problems, I felt I was dealing with companies who were totally inflexible and unwilling to move at all in order to reach any agreement. I really did not know where to turn for help.

 

Next, Banner Jones solicitors contacted me with demands for full payment. Yet again I explained my situation and they chose to ignore me. By this stage I was getting confused as to whom I actually owed the money as I had a CCA request with Santander, Close Credit Management demanding full payment and now Banner Jones solicitors demanding full payment, all for the same debt.

 

I then received court proceedings from CCM and duly returned my acknowledgment.

 

To further confuse matters, on the 26th January 2011 I received a copy of my CCA agreement from GE Money. This left me just one day to scrutinise the agreement, deal with any issues arising from this scrutiny and try to negotiate a mutually agreeable settlement with Close Credit Management who have always remained totally inflexible throughout this process, despite my pleas for help and understanding given my financial harship. Clearly this was not humanly possible.

 

I would respectfully request therefore that this claim is referred for mediation so that I have the opportunity to find a resolution to this matter with the other parties involved. I am very keen to do so, and I am sure that with the aid of a professional mediator this matter could be resolved without any need for court action. I have tried all the way along to be flexible and have never tried to renege on any monies owed, however I have met with a total lack of co-operation from the other parties involved which has led to us being here today, something I feel could have been easily avoided.

 

Thank you

 

Mr W

Edited January 27, 2011 by Tingy

[Mr Worried]

Hi To All

 

Thanks so much to you all for the help so late in the day.

 

Mr , must go to bed now.

[postggj]

ill knock a quick defence up for you

 

i need to see the agreement

 

can you please post it up

 

did you receive any letter before action from the dca saying they will be going to court unless you pay xyz in say 14 days

[Mr Worried]

Hi Post

 

No LBA, and I stuggle to upload can I copy and mail to you instead, it is a pretty crappy copy tho, or is it just my eye's.

 

Mr

[postggj]

sending pm with my email address

 

ill get this thrown out for lack of pre action protocol

 

be ready in a few hours

[postggj]

what does the pertic of claim say exactly

[postggj]

never mind the cca for now

 

please post up the pertic of claim

[Mr Worried]

Brief details of claim as per claim form.

 

Consumer Credit Act Claim ( CPR7.9 ) for an order for delivery up of goods.

 

1, By hp agreement number XXXXXXXX in 2007 between Mrs W and GE Capital, the said agreement was signed for of the supplying dealers address.

 

2, The agreement was assigned to Santander and subsequently assigned to the claimant.

 

3.The cash pricem was xyz deposit xyz charge for credit xyz HP balance xyz payable by 47 equal payments, total price was xyz.

 

4. At the point of default the defendant had paid xyz and amountunpaid is xyz defendant has previously paid since default xyz leaving a balance of £££££. it was an express term of the agreement that " if any rental is not paid the hirer shall pay interest equivalent to the APR on amount unpaid, from the date it should have been paid untill it is paid "

 

5. In Sept 2010 the claiment served by post a default notice sec 87 cca 1974, given 18 days to pay or agreement to be deemed repudiated by defendant.

 

6. By end Sept arrears were not paid or tendered on behalf ( I WAS PAYING THEM OF AT ADDITIONAL SUM + CONTRACTED AMOUNT Mr W ) the agreement was terminated accordingly and the claiment therfoe became entitled to recover possession and demand delivery of goods. or in the alternative payment equivalent to the present value.

The claimant will give credit if necessary for the value of vehicle if removed, inc admin charges subject to the terms of this agreement.

 

AND THE CLAIMENT CLAIMS

1 An order for specific delivery of the said goods or payment of an amount equivalent to its present value.

2. ££££££ representing the unpaid balance of the hp price.

3. Further or alternatively damages

4.Interest under section 69 of the county courts act 1984 in such amount as the court deems just.

5. Costs.

........................................................................

 

That is the full POC

 

Mr

[postggj]

On the agreement

 

does it say

 

hp agreement or conditional sale or fixed sum loan agreement

 

defence is Ready and ill post up in 10 min

[Mr Worried]

it says hp agreement cca 1974

[postggj]

DEFENCE

 

In the xxxxxx county court

 

 

Claim number xxxxxxx

 

Close credit management claimant

 

V

mr worried defendant

 

 

1. I, mr worried am the defendant in this action and make the following statement as my defence in response to the claim made by close credit management

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof.

 

3. The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to; the method the claimant calculated any outstanding sums due, or any other matters necessary to substantiate the claimant's claim.

 

4. A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

5. A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

6. On XXXX, the defendant sent by way or recorded delivery a request under s.77 to s.79 of the consumer credit act a copy of the agreement. This was to the original creditor Santander. The original creditor failed to supply this agreement and while in default of that request sold the rights of this account to close credit management.

 

7. It has been confirmed via the Royal Mail Website that this request was received and signed for on XXXXX. However, no response has been received from the original creditor Santander

.

8.. The claimant has failed to send the defendant any letter before action before issuing this claim.

The Claimant has brought this action without fair warning in what appears ignorance of the Civil Procedure Rules Pre Action Protocols Para 4.3, as no letter before action was received.

 

Before starting proceedings the claimant should set out the details in writing by sending a letter before action to the defendant The claimant’s letter should give concise details about the matter. This will enable the defendant to understand and investigate the issues without needing to request further information.

 

9. The defendant requests the court strikes out this claim for lack of pre action protocol and bringing this action while in default of the consumer credit agreement request.

 

10. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

11. I respectfully request the court’s permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim and the documents requested.

 

Statement of Truth

 

I, XXXXXXXXXXXXX believe the above statement to be true and factual.

 

Signed................... ......................... ................

 

Date..................... ......................... .................

Edited January 28, 2011 by postggj

[Mr Worried]

Great, blumen Great.

 

However what if the judge does not strike this out? and gives the claimant judgement?

 

If it is struck out then what happens next?

 

Item 11, so if it is struck out and the claiment comes back for more with appropiate docs then I can still defend etc.

 

 

 

Mr

[postggj]

i see no reason for the claim not to be struck out for lack of pre action protocol

 

the jude may adjorn for the relevant docs to be produced by a certain date in directions but i doubt it

 

once struck out and as a defence has gone in, its over:whoo:

 

me thinks they will withdraw the claim

[Mr Worried]

Jeezaz, what will happen then? oh I will just await the outcome and stop asking silly questions etc.

 

did you get my pm re item 1?

 

Mr.

[postggj]

all ime going to say is that its looking good and you will keep the car and no more enforcement on the debt but its up to the judge on the day

 

as an action has been taken against you then you are the defendant

 

just fill in the missing bits on the defence and good luck

[Mr Worried]

OK on the negative side, what if he goes in their favour, do they come and take the car? will the courts write to me with the outcome?

 

Mr

 

Check ya pm please