BPF/TLT want car - now have citation for return/decree/warrant

[mischiefmaker]

Just wanted to say thanks to both of you for all your help over the last month or so.

 

I'll get this time order submitted asap. I'll update this thread with the outcome when it happens.

 

Thanks again!

[mischiefmaker]

Just to update this and get a little bit of last minute advice....

 

I submitted my application for a time order to the court offering payments of the regular installment amount plus the arrears divided up over the remainder of the agreement and enclosed a breakdown of my finances.

 

About 10 days later, I received a notification from the court, and then TLT, that they had rejected my offer and set a date for the hearing of this Wednesday.

 

While all of this has been going on, I have continued making the payments on the car. When I call BPF's automated system it still acts as if my account is live and gives me the balance outstanding and tells me I am a month and a half in arrears. They have also sent me an annual statement which shows I have continued making payments on the car.

 

The response from TLT shows an incorrect balance. It still shows the same balance as the letter they sent out many months ago and does not take in to account any payments I have made since. I'm starting to think they are not aware of the additional payments.

 

For going to court, what do you think I need to prepare?

 

I was going to take the following:

• A copy of all correspondence from BPF & TLT
  
• A copy of my recent payslips
  
• A copy of the statement from BPF showing all payments and balance
  
• I have typed up a list in chronological order showing all correspondence by letter/phone and payments to keep me right
  
• Copy of the credit agreement
  
• Copy of the CCA 1974 with section 129 highlighted
  

 

Can you think of anything else I may need? I don't really know what to expect!

[mischiefmaker]

Wow - Just wow!

 

Wanted to update this and let everyone know how it went in court this morning. Before I go any further, I should state that this is not over as the case was suspended for 4 weeks, however, it was very, very positive.

 

I've been up all night with worry, and even managed to turn up at the wrong court this morning. I was so nervous I was shaking! Eventually I was taken in to a small room packed full of other people and solicitors and they started reading out cases. I didn't understand any of it and immediately felt way out of my depth. The judge was incredibly grumpy and super quick which did not bode well for me.

 

After about 4 cases it was mine and the judge read out that I had applied for a time to pay direction and that it had been rejected by the pursuer. he spent a couple of minutes flicking back and forth between the documents and I expected him to just grant it in their favour without even asking me anything.

 

Eventually he looked up and asked their solicitor what they were seeking. She started saying a full decree for the balance of £11,117 plus costs but the judge cut her off and said 'no chance. you''re getting nothing.' I was shaking my head as she said the amount but clearly he knew it was wrong.

 

He then said I had offered payments of £204.xx which they had rejected. he then asked her what the contractual monthly payments were. She fumbled with papers for a minute and I raised my hand but he gave me a wee smile and shook his head at me. Eventually she said she didn't know. the judge said, I bet Mr XXX knows and I said £193.02. their solicitor was so embarassed and started apologising to me and said she would pass the information on to TLT.

 

He then asked her what the arrears were and she fumbled for a minute or two again before saying she did not have that information. He told her it was £356. i said 'correct'

 

he then said it was 'outrageous' and that I shouldn't even be there. he then looked me in the eye, leant over and said 'get yourself a solicitor. I will suspend this for 4 weeks for you to get one'

 

Whilst it means I do have to go back, the demeanour of the judge was extremely positive towards me and completely humiliated their solicitor. I mean he tore her to shreds! I got the impression that the 'get yourself a solicitor' was more of a 'these clowns haven't got a clue what they are doing - this will go in your favour' - I could be wrong but that is certainly the impression I got.

 

I'm pretty sure he had seen from the various documentation that they had submitted the wrong credit agreement, wrong termination date, wrong balance, had never accepted any of my offers to pay, declined my time order when clearly I offered more than my contractual payments, and then turned up in court without any of the information. he was furious with them.

 

Further more, their response of rejection of my time order application again had the wrong balance and wrong termination date on it (they had it terminated before the default had been issued)

 

the only words I said were '£193.02,' 'correct' and 'can I leave?'

 

their solicitor continued apologising to me right at the end saying she would pass it all on to TLT. I'm feeling confident that TLT will agree a settlement before the next court date (30th of September).

 

Fingers crossed.......!

[theoldrouge]

Excellent news so far mm,I agree with your final paragraph

[mischiefmaker]

Thank you so much for all your help! I have been ill with worry the last few days although I'm feeling pretty good just now. I'll keep this post updated as I'd like to help other people in similar situations and give as much info as I can.

[Andyorch]

Excellent....

 

" I got the impression that the 'get yourself a solicitor' was more of a 'these clowns haven't got a clue what they are doing - this will go in your favour' - I could be wrong but that is certainly the impression I got."

 

Me too...that is if they don't discontinue before the next hearing.

 

Andy

[mischiefmaker]

I'm still in shock tbh. I have never seen anybody be shot down and destroyed so completely before. It's hard to get across in words the atmosphere in that small room. He was so angry that they had rejected my offer of payments, he was literally humiliating and making fun of her. It was clear he thought they were being unreasonable.

 

I'm considering sending a SAR to BPF and TLT to get a copy of emails between them and a copy of the phone calls so I can prove I have offered on multiple occasions to pay and also as I have doubts that TLT ever presented my offer to BPF (which she claimed in a phone call to of done twice and that she was going to recommend they accepted).

[dx100uk]

Prob won't come in time but it recorded in the morning before 12 noon?

 

Just as a side note...

 

It's come to my pers attention too that Scottish judges don't like these silly waste of time cases

Where they simply rely on sending a locum with no knowledge bar legal twaddle trying to bully defendants.

 

I know of 3 cases running at present that have all seen the judge give the pursurers rep a bashing over trying to use the court solely to bully people

 

Go get em..

 

I agree too on the sols comment..

You don't. Need one

He is on you side.

 

It might not hurt you to knock up a list of penalty charges to wave under his eyes too

Dx

[mischiefmaker]

Quick update as court day is tomorrow......

 

Not heard anything from anyone all month. Have been struggling to get a solicitor as one fell through

so had intended on asking for a continuance whilst securing a solicitor through SLAB and also give time for my SAR being sent.

 

Out of the blue this morning, I received a call from TLT, not from the woman I had been previously dealing with,

saying she was calling about my SARS request to see if I still wanted it as they had not received payment.

 

 

I advised her that I had responded to their letter asking how to make the payment but had not heard back from them.

She then told me she would put me through to a different department to take the payment

and mentioned that she was now the one dealing with the court case tomorrow

and asked me what I intended on doing with the SAR information.

 

I went through the whole story again about how I had offered several times to clear the arrears

and continue making the contractual payments but had never received any form of response from either them or BPF.

I also pointed out that I had indeed continued making the contractual payments including one that was due yesterday.

 

 

Cutting the story short, after much faffing, she said she would speak to the pursuer

and ask them what their intentions were for tomorrow and call me back later today.

 

She has just called back and said that she has spoken to her client and they are happy to cease the case indefinitely

if I can clear the arrears within 2 weeks and continue making the original payments.

I asked if they would accept 4 weeks.

 

 

I realise I could probably have got the court to spread out the arrears but tbh, I have the money, I do owe it,

and I just want this over and done with.

 

 

Why they couldn't of done this 5 months ago when I first offered, I will never know.

She called me back a few minutes later and stated that this had been accepted by BPF.

 

She said she has instructed her representative to present the above agreement tomorrow

to cease or cist the case (couldn't tell what it was she said).

 

So a long winded, drawn out waste of time, money and unnecessary stress for what was essentially offered 5 months ago. FMSL.

[honeybee13]

That sounds hopeful. Please let us know when it's sorted and we'll amend your thread title to show the result.

 

HB

[dx100uk]

but you are going to attend the hearing yes?

[mischiefmaker]

Oh yes, most definitely.

[dx100uk]

good don't fall for any dubious costings either.

[mischiefmaker]

Just out of court. Sods law, mine was the last to be heard. Took all of 20 seconds to say an agreement had been reached and that they were wanting an indefinite sist to monitor payments which was granted. Yay!

 

Time for a well earned beer.

[dx100uk]

Yay well

Shame it wasn't quashed totally

 

Dx