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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Consumer credit act regulated agreement return of goods -

Customer Question

consumer credit act regulated agreement return of goods - finance company hire purchase - court bailiff enforcement repossesses goods with warrant of delivery based on suspended root court order - but all monies due under agreement had been paid to creditor at their settlement figure + all arrears - total paid nearly 3 years early within original 84 months agreement - direct into creditor bank account timed with proper bank receipt prior to bailiff arrival . I am the original Debtor / hirer formally demands repayment of all monies under agreement total with interest £54000 from creditor .debtor has complied with court order in full and on time as ordered by court . What should debtor / hirer do next ?
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
I have full detailed file of all court papers as filed and received from court and lawyers for finance company creditor between 2011 - 2015 . Original credit agreement was commenced in July 2011 with Haven holidays Devon as licensed credit brokers for finance company - £54000 . Minimal arrears less than one month by time of root court case in Salisbury Court suspended order return of goods June 2015. Warrant of return goods delivery dated September 2015 . Debtor applied to strike out warrant delivery in Court but application was dismissed by court as minimal arrears still existed . I offered to pay all / any arrears in court whether agreed or not . Debtor paid off all arrears that day direct to creditor followed by £11000 to complete finance agreement early settlement into bank account of creditor PRIOR to bailiff appointment at caravan park which I can prove wit time and method . This is a substantial residential 40x13 feet sited unit with all site fees paid to date . In December 2015 finance company lawyers wrote to say that they were transferring Title of caravan to myself as debtor/hirer and writing off all other costs . I have never requested or agreed anything on this aspect . Their chosen lawyers and finance company are on formal notice of claim in damages at the time and full refund of all repayments + costs under credit agreement . Debtor / hirer has never returned to caravan since that time but has paid all fees at site . Looking at consumer credit act the minimum that I can request / demand is the full amounts paid under the agreement where enforcement is unlawful .As everything had been paid up to date and then all payments settled 3 years early , the repossession was unlawful and not covered by any court process . What should I do next
Expert:  Ash replied 8 months ago.

Hello my name is ***** ***** I will help you with this.

Was the car seized please?
Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 8 months ago.
I require careful expert knowledge to conduct the next stages of this process and to complete the claims that must follow . The original hire purchase documentation is very clear + all the later events that have occurred + all the correspondence that followed and has never been the central matter of dispute !
All payments by the hirer / debtor to creditor have been recorded and filed accurately
I have been careful to notify the creditor /lawyer of my intended recovery of total of all monies and appropriate / relevant damages in addition - nothing has been agreed to date . The lawyers have not yet offered anything but have abandoned a small costs order on the warrant part of the case less than £500
I have studied the Consumer credit act (law) since these events occurred - the creditor has breached S.90 & S.91 totally
The creditor has breached every defined section of the root suspended return of goods court order which they were so obsessed with & obtained / requiredThe creditor challenged my attempt to strike out the warrant of delivery in Exeter court - then ignored my notices and intention to pay everything expressed in Court - whether I agreed or not
The creditor provided the arrears statement to court and ongoing by phone to debtor + early settlement quotation on normal terms
The debtor can prove every payment time and date - all paid in full with bona fide cleared funds ( prior to any bailiff actions )
There were no additional penalties / costs / fees / expenses beyond those clearly expressed on court orders
The original hire purchase agreement is relied upon by the creditor at all times since 2011 - 2015 - but due to run for 7 yearsTo this day , I am absolutely gobsmacked that the finance company ever embarked on this mission and then continued regardless.
I had dealt with this finance company /haven continuously since 1992 !
Customer: replied 8 months ago.
The goods are a very large residential sited caravan - Willerby Winchester 2bedrooms (+ extras + contents not on finance at any time ) - new directly from manufacturer in June 2011.
The bailiffs arrived at the caravan park on the date and time they originally chose - i was not consulted .
Court office told me that only the creditor or court could stop the bailiffs at the time of my enquiry .
That assertion assumed outstanding non payments by debtor - all paid up in full by debtor
I was notified that the caravan was repossessed by the bailiffs and creditor finance co from that appointment date and time then within their control .
Haven caravan park confirmed bailiffs had taken control of goodsThe lawyers for the finance company backtracked in the months that followed - wanting to then transfer title to myself the debtor in December 2015 by one last letter - no nominal payment demanded for title !
At the same time , they abandoned remaining costs order to which they were entitled from warrant case in Exeter court
It was clear that they were desperate to get out of all of it / abandon the deal !
The caravan is still sited as previously - I had paid all site fees in advance for 2016 from holiday rentals allocated from 2015
Customer: replied 8 months ago.
I notified Haven from September onwards that I was very unhappy with all the events that had occurred - - I visited the park to ask them to stop this sort of bad behaviour . I told them that I was paying all arrears immediately ( less than one month arrears ) + all remainder of outstanding finance within 48 hours and prior to bailiff arrival
I visited personally again in January 2016 and told them I would be suing the finance company in damages and return of all payments by hirer / debtor since 2011Haven control the park - they have always maintained that they were powerless to prevent Bailiff court ordered events and had no access to my finance company details / payments since my purchase in 2011 . i do not agree with their position
Customer: replied 8 months ago.
Do you require any further information or instructions to get started ?? This specific case is well documented with creditor documents + debtor / hirer documents and chronology logged at the time and throughout the bizarre enforcement process to date .
Expert:  Ash replied 8 months ago.

Do you have a number we can chat on?

Customer: replied 8 months ago.
Telephone / text *********** Email ***@******.***147 the Butts Frome Somerset BA11 4AQ
Customer: replied 8 months ago.
do you need any more information to get started ? Tel / text ***********
Expert:  Ash replied 8 months ago.

Thanks. Alex

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