summary cause summons

[tattooman]

i have recieved a summary cause summons [action for delivery] the loan company who financed a loan for my car are applying to the court for a reposession order for my car i have sent them a notice of consideration asking for proof of contract as in: full disclosure, equal cosideration, terms and coditions, wet signatures, to which they replied with a statement of acount with a copy of the loan agreement ,[ outwith the time limit i might add] the original loan was from the bank of scotland however they have assigned the loan to blackhorse i have paid£ 7,368.72 the total payable amount is £9,368.96 can anyone suggest what my next step should be

[holy vehm]

I had this shyte years back, from my recollection, as long as you have paid two thirds they cannot repossess the property (car) as you own more of it than they do.
They have to seek other means of collecting outstanding monies.

Do check this out tho, things may have changed, goal posts moved and all that.

[idmolcom]

Hey Tattooman,

Have you heard of the boomerang clause in loan contracts.

NO! Well neither have I. PHEW!!

You have the upper hand here. However you are likely to
lose it if you persist in answering their questions.

You made the following comment [ outwith the time limit
i might add]. You need to be more precise here. I am not
getting what you are saying.

I think I know what you are saying but you have to say it
more precisely. However thinking and knowing are very
different things.

Have mercy on me I am just an old fool. I may be able
to help you.

idmolcom

[Dipsy]

Yes i recall the 2/3rd ruling on payments but you need to look more into this. However this is a statute clause and so i would not lean too much on this as it leaves the balance of the debt valid as far as they are concerned. In your original notice you sent asking for proof of a real debt this is no different to any credit card or bank loan. They replied with a copy of the agreement and sent statements. Statements are NOT proof of a loan. You should be asking for consideration? Get them to prove there is a real loss on the books, they put up the cash and suffered a loss. You will also need for them to give you site of the ORIGINAL signed wet ink agreement in court. I pretty much guarantee they can not provide EVERYTHING you ask for to validate this debt. They will send tons of statute crap instead which is a frivolous response and has no standing. Do NOT get drawn into a dispute over this they must rebut everything you ask for as FACT otherwise you win and now you have made a contract with them and they have just agreed you owe them nothing.

Fire off your notices 14 days a leg make sure this paper work is in order with perfect procedures in place. If this goes to court you have an agreement in place that no loan actually exist and this is all filed under an affidavit. Each notice leg is entered exhibit A B and C. File in on public court side and take back out stamped court copies out as proof of court deposit. In court you only need to say "sir have you seen my affidavit? we have a binding agreement....motion to quash." you win.

Now you can if you want set this up as a counter claim for damages or you can open a new claim and file for damages for bringing about a claim against you for a loan that never existed. Three times the amount sounds good to me:)

[tattooman]

thanx for the input i never attended court i have had a repossion order served and sherrif officers have served me with repossesion papers at the moment i am waiting for them to take possesion of my car i never had the confidence to enter the court and take them on really pissed off with myself

[Dipsy]

DON'T hand back the car and don't rely on the 2/3 rule its not reliable. You need to act NOW ask the court for more time you are still in discussions. I would A4V the balance to ZERO the account then use a conditional acceptance 3 part plus notary default the final balance. Send the court a copy of all this paper work to show there is NOTHING owing whatsoever on the car with a motion to dismiss. Due to the urgency on this each leg can be completed in just 7 days so you need 28 days really to do this so ask the court for more time as you are still in discovery.

its a simple choice

1) go to court like a sheep loose the car AND still owe 2.5 grand

2) administration process 95% chance you win keep the car AND owe NOTHING

[knightron]

DON'T hand back the car and don't rely on the 2/3 rule its not reliable. You need to act NOW ask the court for more time you are still in discussions. I would A4V the balance to ZERO the account then use a conditional acceptance 3 part plus notary default the final balance. Send the court a copy of all this paper work to show there is NOTHING owing whatsoever on the car with a motion to dismiss. Due to the urgency on this each leg can be completed in just 7 days so you need 28 days really to do this so ask the court for more time as you are still in discovery.

its a simple choice

1) go to court like a sheep loose the car AND still owe 2.5 grand

2) administration process 95% chance you win keep the car AND owe NOTHING

Hi Dipsy.. Great reply But can you offer a quick run through of how to go through that process please? Especially the A4V process...

[Dipsy]

Watch the Winston Shrout videos on A4V. The process relies on the fact you send them a bill or statement that has value to THEM as a debt it must do otherwise they wouldn't be chasing you for the debt therefore the RED statement in big bold letters has ENERGY. You reply signing it as a money order and send it back. They keep it usually 99% of the time which becomes a debt settling INSTRUMENT under the Bills of Exchange ACT. Because they think its not money on the public side they will say "no we want cash or credit cards" BUT they never returned your money order. They hardly ever do usually they throw it away!! If they ever return it then send another one:)

It doesn't really have real monetary value and BOG ROLL signed will work!!! but people never understand this point!! Its treated as such. The standard 3 (actually 4 part ) administrative process prevents them from wriggling out of the deal as they can not rebut your claims where the 4 and final action is a notary presentment as DEFAULT proving the debt has been paid.

Imagine going to B & Q and buy a new shower. After say 24 hours the wife says "i dont like that take it back" B & Q usually only gives REFUND VOUCHERS. They are NOT money but are a debt instrument converted to credit notes under the Bills of Exchange. Lawfully you do NOT have to accept them but most people do and ACCEPTANCE is deemed as a debt SETTLED. You gave the goods back, they owe you money but they discharged the debt using a voucher that says B & Q voucher worth 50 quid Its a very similar process. Now flip this around on them and get them to prove there is no real debt, your are sovereign etc etc they can not answer any of this and so the debt is settled or discharged. For more detailed help google thousands of templates and tweak to your situation. Ask yourself this if the court tries to overturn a NOTARY DEFAULT JUDGEMENT for a settled debt how much shit do you think they are going to be in? If they did then your claim is in the High Courts Administrative Court of Justice.

[knightron]

Thanks again Dipsy..Much appreciated..