County Court Money Claims center

[PlanB]

Re: County Court Money Claims center

The army has given my son till 16th August to either challenge the decision or they will deduct
£200 a month from his wages.

It appears that your son's boss has moved the goalposts.

You said in your first post on this thread last month that he was given until next week (16th August) to challenge the decision. Have you any idea why they suddenly brought forward the deadline to today?

Plan B x

(Happy Birthday BTW)

[Never-In-Doubt]

Re: County Court Money Claims center

That's a good letter. See what they say to that

[nick0]

Re: County Court Money Claims center

This is the letter I have given him to give to the Army.


Dear Sir/Madam,


It has been brought to my attention via a letter from Renault Finance that there is a County Court money claim against me for £6,634.21 that I have no knowledge of.

I have instructed XXXX solicitors to obtain copies of all relevant paperwork in regards to the following.



1. Renault Finance had my XXXX Barracks address and never sent me any information regarding court action.

2. The finance company failed to give me notice of court action and their letter dated 30^th June 2016 clearly states I was in Kenya and so they would have known that I could not challenge any legal action because I was not in the UK and therefore the papers have been served incorrectly.
3. I have not made any payments against the judgement because I was not informed there was a judgement
4. There was no permission given to anyone regarding the car or its disposal and nobody was authorised to contact Renault on my behalf.



The above clearly shows Renault are in fact in breach of the consumer credit act because I was not allowed any chance to defend myself or contest the judgement, they failed to follow the correct procedure in issuing court action against me and I will now apply to have the judgement set aside as are my legal rights.


My solicitor has sent a subject access request to Renault finance and due to this the Army does not have to follow the courts instruction set out in article 151A of the Army Act 1955.

The procedure to obtain the judgement has clearly been obtained incorrectly (see point 2).


I trust my salary will be paid to me in full and any further correspondence from Renault finance or their solicitors will be dealt with by my solicitor XXXXX.





Yours Sincerely


XXXXXXXXXXXX


(signed in print)

[nick0]

Re: County Court Money Claims center

Hi All,
Still nothing, the Army have told him he needs to confirm in writing TODAY or they will start taking money out of his salary with immediate effect. Unfortunately I am on holiday so trying to sort this out for him without having the legal knowledge.
I think I will have to use a Plan B and blag with a nicely worded letter that will hopefully do.

Plan B, I gave all the information to Jo via NIDDY email 27th July.

I will keep checking the site today and a nice way to spend my birthday (thanks for the kind wishes).

Cheers

Nick

[Never-In-Doubt]

Re: County Court Money Claims center

Jo is still working. She's not like on holiday, ie unavailable. So it's business as usual. As said I've mailed Jo...

[PlanB]

Re: County Court Money Claims center

Jo (the solicitor) is on holiday. I don't have a clue about car finance but I'll ask Niddy what he thinks your son should do.

As Pixie has said Jo is on annual leave. She'll be back in the office on 17th August.

Why don't you email Niddy any/all paperwork you have in the meantime.

This claim/CCJ/AOE is in your son's name. He will need to give authority for you to deal with it (via a third party) on his behalf if that's what he wants. Can you get that from him.

From what you say you may have collapsed the agreement on his behalf with or without his knowledge or agreement. This may be a good thing or a bad thing but the paperwork will probably provide the answer to that.

Has your son sent a SAR to get the history of this loan?

Plan B x

[Never-In-Doubt]

Re: County Court Money Claims center

I've emailed Jo. Sit tight.....

really sorry about the delay.

[Pixie]

Re: County Court Money Claims center

Jo (the solicitor) is on holiday. I don't have a clue about car finance but I'll ask Niddy what he thinks your son should do.

[nick0]

Re: County Court Money Claims center

Hi All,

Still no news from solicitor and the Army are asking my son for a statement.


Any ideas?

Nick

[nick0]

Re: County Court Money Claims center

Hi,
Just to add, The car was on a 4yr scheme, he paid one year at £230 pm so technically left
3yrs to pay off the FULL (contract) amount as the car went back signed by me in MINT condition.

Nick

[nick0]

Re: County Court Money Claims center

Hi NIDDY,

Nothing yet, my son had a meeting with his boss and I told him to say he was challenging it.
Gives him a bit more time with the Army.

Nick

[Never-In-Doubt]

Re: County Court Money Claims center

Have you heard from Jo yet?

[nick0]

Re: County Court Money Claims center

When did your son first know about the CCJ and how did he find out about it?

Would/should the creditor have known he had moved from the address where the summons was served?

Did your son know that you had arranged for the recovery company to collect the car?

Plan B x

Hi Plan B, The first he new of the CCJ was when the officer in the Army showed him the paperwork yesterday morning.

I informed the finance company that he had moved abroad(via phone call), I arranged for the car to be collected without him knowing.

Just to add the letter that ive given to Jo from there solicitors clearly states that he is in the Army and he was based in "Kenya" so they
knew he was not in the UK.

Cheers
Nick

[PlanB]

Re: County Court Money Claims center

The amount is £6000, the CCJ is from August 2015, A letter went to his grans house from a recovery
company asking where the car was, I got the letter and arranged for it to be collected from me.
It seems the car was sold at Auction and then the balance plus fee's is what is owed.

When did your son first know about the CCJ and how did he find out about it?

Would/should the creditor have known he had moved from the address where the summons was served?

Did your son know that you had arranged for the recovery company to collect the car?

Plan B x

[Never-In-Doubt]

Re: County Court Money Claims center

I have now passed through to Jo - try not to worry, she'll be in touch no doubt