URGENT Help with MM injunction

fluffy24

Hi, I am hoping to go to my local county court 1st thing tomorrow and take out an injunction against mobile money taking our car, I want to stop them as I am disputing the loan, the way it was sold and the unregistered bill of sale.

Reading the stories on here it seems like they still take cars whilst the debt is in dispute!!

If anyone can help me that would be great-

Things like

What to put on the n16 claim form?
Will they do it the same day?
How likley is it to be agreed?

Please help me stick one up this poor excuse for a lender as they have been shockingly awfull to me and my family.

jonesMUFCforever

You need proper advice - phone a solicitor first if time is important.

As you have not posted any details of why you are disputing the loan or why you (presumably) are not paying it is impossible to comment.

fluffy24

SueSueSue wrote: »

They will have borrowed money they cant afford and are now expecting to keep the money and the car and will be arguing some tiny little irrelevent fact such as forgetting to tell him he had to repay the money.

well, the tiny little quite relevant fact (we feel and we hope the judge agrees) is that the debt is actually unsecured in nature because the bill of sale was never registered with the Royal Court of Justice therefore they have no legal right to collect any of our possessions inc our car. Additionally, we are looking to have the debt written off as my husband suffers from the most severe form of bi-polar disorder (rapid cycling) and according to his consultant psychiatrist does not have the capacity to consent to any form of loan agreement as he could not understand the ramifications of his actions... thanks anyway for your support-clare and ian.

dmg24

fluffy24 wrote: »

well, the tiny little quite relevant fact (we feel and we hope the judge agrees) is that the debt is actually unsecured in nature because the bill of sale was never registered with the Royal Court of Justice therefore they have no legal right to collect any of our possessions inc our car. Additionally, we are looking to have the debt written off as my husband suffers from the most severe form of bi-polar disorder (rapid cycling) and according to his consultant psychiatrist does not have the capacity to consent to any form of loan agreement as he could not understand the ramifications of his actions... thanks anyway for your support-clare and ian.

From the information given, surely it would be better to give the car back?

The lack of mental capacity argument is a very difficult one to prove, even with the support of a psychiatrist. Also, rapid cycling is not the most severe form of bipolar, it is a feature of bipolar that can be present in all different severities.

fluffy24

dmg24 wrote: »

From the information given, surely it would be better to give the car back?

The lack of mental capacity argument is a very difficult one to prove, even with the support of a psychiatrist. Also, rapid cycling is not the most severe form of bipolar, it is a feature of bipolar that can be present in all different severities.

£

You are quite right, I meant to say bi-polar 1 rapid cycling. The thing is he borrowed £1000 at a rate of 399% APR against the car whilst he was 'on a high' he then went out with the money and bought the entire top 40 blu-ray dvds from HMV who do not offer a refund only a return. The car is worth £5000 why on earth would I give it to them for £1000? I rang and explained our situation and offered them £150 per month instead of the £411 that they want!! They just laughed. So we didn't want to avoid the debt just some time to pay.

It was only with advice from this site and CAG that I decided to go down the 'write off' route.

Incidentally trading standards and the OFT took our case on straight away.

dmg24

If Trading Standards and the OFT are dealing with it, why are you not leaving it to them? Also, are you sure the OFT are involved, they don't usually handle individual cases?

You really need to take specialist advice on this, and you will not get that on any internet forum. At the moment you are grasping at straws and not being in full receipt of the facts will only weaken your case.

fluffy24

dmg24 wrote: »

If Trading Standards and the OFT are dealing with it, why are you not leaving it to them? Also, are you sure the OFT are involved, they don't usually handle individual cases?

You really need to take specialist advice on this, and you will not get that on any internet forum. At the moment you are grasping at straws and not being in full receipt of the facts will only weaken your case.

I am not just leaving it to them as it is TIME sensitive, they will turn up take my car and sell it. Trading standards have given advice and a case number and the OFT have over 400 complaints and have a 'note to revoke' pending on there licence but again it is time sensitive as once the car is taken and sold I can't get it back.

PNPSUKNET

Problem solved, they take the car and give you £3.5k change

ILW

OP
Why have you not applied for power of attorney for your OH?

fluffy24

ILW wrote: »

OP
Why have you not applied for power of attorney for your OH?

In the process of, seems to take forever