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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Consumer credit act regulated agreement from 2011 years

Customer Question

consumer credit act regulated agreement from 2011 for 7 years total value £54000 on sited static residential caravan in haven park devon . Suspended return goods order june 2015 not appealed warrant delivery September 2015 challenged . all arrears paid 3 days before bailiffs due to repossess goods plus all capital settled 3 years early before bailiffs arrival . provable in timed payment . repossess goes ahead as planned by finance co. Lots of correspondence with finance co lawyers . Debtor demands full refund of all payments 54k in writing under S.90S.91 . Lawyers abandon costs claim and dump title on debtor but not agreed at any time 3 months later . No offers of compensation to date . Do I sue in new action in damages or reopen court order which I have paid in full ? Finance co breached every section of court order ? .
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
No dispute about original regulated finance agreement which clearly states that if repossession without court order debtor can demand full refund of all payments made to creditor . debtor has formally specified and demanded that refund in full . No dispute about quality or use of goods prior to this bizarre event . arrears were less than one month prior to debtor repaying whole amount . documentation and letters are very clear throughout . I was very surprised / shocked that creditor behaved like this at all . I was long standing good customer evergreen finance co linked but separate to haven bourne leisure site operator .
Customer: replied 1 year ago.
In September 2015 I applied to Exeter county court to dismiss warrant of delivery of goods . I did not ask for time to pay or suspension of warrant as I had disputed the arrears schedule anyway but in court offered to pay any arrears in full anyway . Judge dismissed my debtor application and ordered further costs against debtor demanded by creditor of £480 no other penalty . I paid all arrears same day direct to finance co by phone as demanded . Lawyers abandon this part of their costs claim awarded by court in December 2015 . This later warrant costs order was not added to finance agreement but root order fixed costs were added to that order and paid according to that root order in full amount and on time .
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve ?
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Customer: replied 1 year ago.
Full schedule of all payments
Customer: replied 1 year ago.
Full schedule of all payments credited to account by myself as debtor time place transmission and their RBS bank designated account . Also telephone calls to finance co with debit card payments not disputed by creditor . Formal notice of action in damages by debtor for wrongful repossession of goods plus other goods never subject to finance agreement taken at same time all correspondence with finance co lawyers - Rogers & Norton , Norwich all in writing by letter . No phone calls from them to date . Site fees and all other fees all paid by myself in advance for 2016 . Caravan still on site . Haven saying nothing at all
Customer: replied 1 year ago.
How do I make the finance company refund all payments under original agreement - £54k - and as specified by root return goods court order from Salisbury county court ? caravan is now only worth very small residual value
Expert:  Ash replied 1 year ago.
When would be good to call you? Tomorrow morning?

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