Car finance co taking me to court for Repossession

[ncf355]

Hi all,

 

Before starting I would state I am no stranger to my local County Court (right back to my credit card penalty charge days some 6 years ago!) and although nervous, have no qualms about taking this square on

 

My car finance company is taking me to court for a seizure of goods order based on 2 months arrears (I have paid over a 1/3rd, otherwise I think they would have just nabbed it)

 

They have issued a default notice, termination letter, letter asking me to hand the car back to their collector (NO!) and as I declined this (though offered to settle by spreading the arrears across the remaining installments IF they deducted unlawful penalties) they started court action

 

The court papers are a type I have not come across before, they state:

 

"Notice of issue of fixed date (summons or originating application)" and it gives me a court date in a few weeks time (not enough time for 28 days between the issue date (whether or not you allow for postage time) to allow my 28 days Defence time following the AoS I intend to serve to them and the court

 

 

General points:

 

1) The default notice has penalty charges stated separately from the arrears (but then rounded together to give the default amount due

 

- Does this make the DN invalid as I believe? (assuming I ask them to prove the default charges for DD non paym,ent etc are a true reflection of costs incurred)

-If it does, I take it the Termination (and thus the court action) are also invalid?

 

2) The DN appears valid from a dates position and general text seems as it should be, but I also believe it falls foul of some of the prominence requirements and such like required by

 

3) The agreement contains a term allowing them to charge an excess mileage charge, which if introduced will make them a ridiculous profit over the actual loss caused by the higher mileage (I'm talking gains of £K's!)

 

- I'm assuming in this I can invoke both UTCRR and S140a to put them to proof of actual and genuine loss and that the term is not foul to S140A?

 

4) The amount claimed as the balance owing makes no allowance for early payment regs - are they required to allow for this when terminating and seizing?

 

5) They claim damages but fail to state an amount or comment as to how damages have been caused

 

6) The claim interest at the agreement rate "from the date of maturity until full payment" - am I to assume this means interest after judgment - do they have to have

[ncf355]

Bump!

 

Anyone got an opinion? court claim is due to be heard against me in a matter of weeks!

 

[caro]

Not my area of expertise, but if you want an opinion then I'll give it a go.

 

I wouldn't worry about any issues with the DN as these can be rectified.

 

I would raise the issue of charges.

 

Is this an HP agreement and is it regulated under the CCA?

 

Any chance of you paying the arrears before the court case?

 

Are you likely to exceed the excess mileage limit?

 

How about applying for a time order or an instalment order?