Suzuki Finance And Court !!!!

steamroller

Hi everyone, I wanted to ask for some advice. I bought a car in March 2006. To cut a long story short I ran into financial difficulties and can no longer make the repayments. I was going to hand the car back but it turns out that it is not an HP agreement but a loan.

I notified Suzuki Finance (turns out loan is through Black Horse) who said my only option is to surrender the car to them to sell at auction and then they will come to some arrangement with me to repay the balance.

As the car is not secured on the loan I don't think this would be in my best interest as cars always sell for less at auction, so I told them this and also advised them that a local dealer offered me £2000 which I offered as a F&F settlement. I also said that if this was unacceptable I would pay £30 per month. They rejected both of these offers and have now issued court proceedings against me.

My dilema is as they have continued adding charges to the account (approx. £1000) even though I have done everything to try and sort this matter should I admit part of the claim and defend part?

Can anyone offer any advice please?

GeorgeUK

Reclaim charges as the agreement will fall under the Consumer Credit Act and have the same restrictions for charges as bank charges do.

Have you received anything from the court yet?

I would suggest requesting a copy of the credit agreement. If the CCA does not have all the prescribed terms then it may not be enforcable which would be an excellent defence should this go to court.

Might also be worth posting this in the consumeractiongroup forum for legal issues. They will be able to advise on this and if the charges can be part of the defence too.

steamroller

Thanks GeorgeUK. Yes I have had the court paper through, which I need to send back and either admit or defend. I haven't asked for a CCA but I think I will if it's not too late.

GeorgeUK

If it is northamton court that you are supposed to attend, i believe you can ask for a change of venue - CAG will be able to advise on this too. Not sure if that gives you more time or not.

steamroller

Thanks again GeorgeUK I will post the question on the CAG and see if I can get any more advice. Thanks again.

10past6

steamroller wrote: »

Yes I have had the court paper through, which I need to send back and either admit or defend.

You have 14 days from the date of issue to acknowledge the claim

steamroller wrote: »

I haven't asked for a CCA but I think I will if it's not too late.

A CCA request is pointless once legal proceeding have commenced, in other words, a CCA will have no benefit on your defence.

10past6

GeorgeUK wrote: »

I would suggest requesting a copy of the credit agreement. If the CCA does not have all the prescribed terms then it may not be enforcable which would be an excellent defence should this go to court.

Once litigation has commenced, a CCA request is of no use as a solo defence.

10past6

GeorgeUK wrote: »

If it is northamton court that you are supposed to attend

Nothampton is a bulk centre, you CANNOT attend Northampton.

If your claim has been issued from Northampton, then you will have been issued with a login & password details, you can fill in your acknowledgement on line.

Later down the line, depending how proceeding go, it's then transfered to your local court if a hearing is required.

GeorgeUK

10past6, If they have added charges which could be claimed back, could a defence be put in that the amount of the debt was wrong? I was hoping that they would just send an application from or something instead of a CCA which may be a defence. That's why i mentiond CAG - they know things like this. Me... not so much.

10past6

Hi George

GeorgeUK wrote: »

10past6, If they have added charges which could be claimed back

A defence could be submitted on an incorrect amount being claimed.

GeorgeUK wrote: »

I was hoping that they would just send an application from or something instead of a CCA which may be a defence

A CCA cannot be submitted alone as a defence, it can be used as part of a defence, which is why a CPR may be useful, but not as a sole defence.

steamroller

Hi 10past6

So if I put a defence in because the amount is wrong would I need to admit part of the claim and defend part of the claim? Also, I take it there is no point requesting a CCA now then? and could you just clarify what a CPR is, as you said this may be useful?

Thanks