Vehicle Finance CCJ

UnkownUser2024

Hi all, new member and have been advised to post this in the debt section. 

Bit of a long one but I am looking for some quite specific advice or signposting to somewhere that may hold the correct information.

Long story short, I bought an Audi on finance years ago and traded my old car in under the diesel scrappage scheme, brilliant. This allowed me to reduce the value of my brand new car by £7,000

Fast forward a few years later and I fell into hardship. Unfortunately I could no longer afford the car and despite my best efforts at trying to negotiate some kind of support from VWFS (Audi financial Services), the car was subsequently marked stolen and I was pulled over at the side of the road using Tactical Pursuit and Contain. My car was then recovered back to the finance company.

I struggled for a while, bought an older car to get myself by and eventually got my finances back on track. Then in September of last year I became aware of a CCJ against me filed by VWFS, for the shortfall of the agreement minus the value of the car which was sold at auction.

This caused me to do some research into my agreement, legislation and also consult some legal advice. Using another forum and speaking to retired vehicle finance lawyers, it turned out I may have some grounds to apply to set aside the CCJ at a Court hearing, so I drafted some documents and a witness statement and I was successful in setting aside the CCJ, on the grounds that VWFS had no evidence that I had traded in my old car as a part exchange.

Now this is where things get complicated. My whole defence on winning the case against VWFS and disregarding liability for the shortfall rested on the fact that, with my old car as a part exchange, I had paid in more than a third of the agreement and VWFS could not repossess my car without a court order or they would be in breach of Section 90 of the Consumer Credit Act 1974 and I would be entitled to all sums paid under the agreement.

I took this all the way, noting that the CCA 1974 and the Consumer Credit Agreement Regulations 2010 state that a deposit is defined as any exchange of goods or by any other means a reduction in value of a purchase by means of a transfer. I recently had my day in Court but as a litigant in person, was cross examined by an all singing all dancing Barrister and of course he persuaded the Judge that I had no case, and that my car traded in under the scrappage incentive was not to be classed as a deposit, despite it literally being written in legislation, amongst other reasons why I found the HP agreement to not be properly executed.

I am now appealing this decision as I strongly believe the Judge has misinterpreted the law,

What I really need for this to be successful is someone who is knowledgeable in the field of Vehicle Finance to help me understand if I have a possibility of overturning this case, as I have no doubt at all that my car should be classed as a part exchange and a deposit and it is blatantly written in the legislation that the finance companies are bound by.

I would massively appreciate if someone can help me decipher this legislation and its application in the sense of my HP agreement, I simply do not understand how I can trade in my car and it not be classed as a part exchange, or a deposit.

Similarly, if someone is able to find the exact wording of the terms and conditions of how the Government managed the Diesel Scrappage Scheme in 2018 that would be an absolute life saver!

Thanks so much in advance, this is not a straight forward nor a well documented case but I believe I am onto something and I believe there will be other people in my position who have lost their cars without knowing this clause and could well be entitled to reclaim all sums under the agreement

fatbelly

You are into a very specialised area here of arguing a credit agreement is unenforceable due to a wrongly drafted agreement.

Having lost your case already this is now doubly difficult. It does not surprise me that a district judge had little understanding of the CCA and just sided with the barrister. Most would.

Who have you talked to who specialise in this area? I can think of a couple who specialise

UnkownUser2024

Thanks, that's a very sensible and honest answer and you are right that a district judge with little knowledge on the subject would believe a Barrister over a litigant in person. 

I've been receiving advice on legal beagles and this is as far as I have made it, although he is now encouraging me to appeal as in terms of legislation it is black and white. 

I am of course open to hear your thoughts and suggestions 

fatbelly

I like Legal Beagles though have never used them for this specific matter.

I will pm you with a couple of people I know who have specialist knowledge

UnkownUser2024

Thank you. I appreciate this and will look to contact the people you recommend for specialist legal advice. Assuming they also do the standard 30 mins or so for free? 

fatbelly

I admire your tenacity on this. In the early 2000s incorrectly written credit agreements (or in the case of catalogue companies, no agreement at all!) were widespread and I used to have a list of a dozen or so repeat offenders.

The industry seemed to learn its lesson and there are very few now challenged in court.

And that probably means some lenders are getting away with it.

UnkownUser2024

Thank you, I appreciate your comments. I have the same post up on another section of the forum, but rather than being supported I'm facing an awful lot of criticism for wanting to pursue this. Deep down I know I have a strong case 

fatbelly

Well this is debt-free wannabe!