Taking Rent2Buy your car to court - agreement unenforceable***Claim Struck Out***

[dx100uk]

is £490 all you have left to pay under the agreement?

 

can you confirm the full particulars of claim

you've put 2 up

is it post 25?

 

and note your corrected dates for AOS and defence filing dates post 27

[Bailey2004]

Post 25 is the full particulars of claim.

 

The HP is due to run until August 2019, so there are still another years worth of payments to pay. £490 is just the arrears.

 

Thanks for updating the dates.

 

They have also not complied with my SAR.

[dx100uk]

when was it sent?

[Bailey2004]

12th June 2018

[dx100uk]

why didn't you chase the sar then

they had 30 days only

looks like they are hiding something to me.

 

so its what we used to call a split claim

they are only going after the arrears

but if the agreement is terminated

 

how, after getting the £490 are they going to regain the rest.?

as the POC which is as poorly written as their agreement states nothing about the claim ONLY being for arrears?

[Bailey2004]

They replied to my sar the same day as I sent it and sent me a copy of my credit agreement and some other bits and pieces, but a lot was left out, I then sent a reply stating that they hadn’t fully complied but heard nothing more

[dx100uk]

have you got all the statements?

and what do you think is missing?

[Bailey2004]

They haven't sent me a statement,

1. the correspondence they had with the police to report the car as stolen,
   
2. the correspondence they have with my insurance company telling them that I was in arrears and that they had reported the car as stolen,
   
3. they also missed out a lot of emails between myself and them.
   

[dx100uk]

only 3 are you entitled to sadly

[dx100uk]

as this does not involve a return of goods claim

but a straight money claim

I've moved the thread to Legals.

 

thread title updated

 

dx

[Bailey2004]

Thanks. So what do I need to do now? Shall I file an aknowledgememt of service?

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[Bailey2004]

Okay, thanks. Done that.

[dx100uk]

this is going to be an interesting one.

[Bailey2004]

In a good way or a bad way? lol

[dx100uk]

oh good very good

 

their POC is as useless as their agreement.

very poorly worded.

they look a right tinpot lot

[Bailey2004]

Ok, good! They arent using a solicitor. Ill come back when/if I get a response to the CPR request, otherwise before deadline date. thanks for your help.

[dx100uk]

don't miss defence filing date regardless

[Bailey2004]

Right, I've already had a response (I sent the request by email and recorded delivery). They have sent me:

1. a copy of the signed credit agreement

2. Notice of default which i never received (and going by PDF properties was only created on 01/07/18, yet was dated 11/05/2018!)

3. Notice of termination

4. a copy of my request with the sentence my intention to contest all of your claim highlighted.

 

 

They have not sent a copy of our email correspondence as requested.

[AndyOrch]

" 2. Notice of default which i never received (and going by PDF properties was only created on 01/07/18, yet was dated 11/05/2018!) "

 

......

[Bailey2004]

They have now further replied with copies of emails sent and a statement of account

[Bailey2004]

any help with what I need to write for my defence?

Is the agreement even enforceable seeing as it contains so many errors in the wording?

[dx100uk]

let them sweat its not due till 7th sept.

with the way and time span under which they have already jumped

me thinks theres more to this than meets the eye and they know they are onto a loser all the way.

 

 

 

dx

[Bailey2004]

Lol, ok will do. Thanks

[Bailey2004]

Hi, The defence is due in in 4 days, any help with this would be appreciated