A car pitch is a where used cars are sold The original s 172 went to the registered keeper Mr R He did not respond until a 3rd reminder and then just put down that he sold the car to the car pitch that my son was involved with he didnt give a date of sale [ A copy of the s172 Mr R signed has been sent to my son ] Then a s172 was sent to the pitch address and was returned by the post office as no-one is there. Then the s172 was sent to my house because my son used to live here. My son had a different ticket some time ago so he must have been traced.

Advice Please My son was involved for a short period with a car pitch along at least 3 other people After much arguments and upsets between them they all went their own ways and the pitch no longer exists. My son received a notice to furnish details of a driver of a car that triggered a camera sent to my address where he does not live but has used in the past. He had no idea about the vehicle and had no knowledge of it and sent it back saying basically ' dont know ' Now he has a summons for failure to furnish details of driver within 28 days With the summons is a copy of a section 172 notice signed by someone we have never heard of saying he sold the car to the pitch before the offence. It does not name my son ...just the pitch and does not give the date of sale. can anyone advise what to do about this I will have to try to deal with it as son is abroad working at present My son has no idea what to do and neither do I

Hi If you only had the Notice of assignment in April it would be amazing if a Judgment had beem granted against you so soon. Who says you have a CCJ ? Who told your prospective employer you have a CCJ ? Sounds to me as if you have a County Court Claim against you but not a County Court Judgment yet . Have you actually had a claim form from Northampton ? Have you had an order from the Court saying judgment has been granted against you ?

Hi I have had dealings with BH I also queried the use of the word ' rentals' as it was used in diary notes in my SAR from them The response was that they use the word ' rentals ' but they actually mean ' payments ' BH do a lot of Fixed Sum Loans but treat them as if they were HP agreements...they repo vehicles that are on loan agreements and put vehicles that are subject to Fixed Sum Loans on the HPI register. Totally Wrong ... but they get away with it 90 % of the time

Hi M I got my SAR with missing initial statements as noted above . There was no agreement in the SAR. Nothing with my signature whatsoever . I just got a reconstructed agreement in response to s77/78 request before I sent the SAR Perhaps I should ask the Data request dept again for the agreement ?

Staytet do you have thread on the case you just won?

Leicester City Council - Rover v Siddons Transcript

I sent a letter to the Data Access dept as suggested ..thanks No reply to that one as yet but I have a letter from the Collections dept saying they cant reach me by phone [ thats cos I dont answer witheld numbers ] They want me to ring them.... I think I will write to them and ask them to communicate with me in writing ...yes ?

SB you have typo in para 2 ...should be ' breach ' not reach and should be to do ' so ' I think Also you are saying the Claimant is only due the arrears ? Is that because you are saying the DN was faulty. If so should you not elaborate on the reasons why you believe the DN to be faulty ? Just trying to assist

As for selling it on to a DCA ...I would think that once you informed the DCA that the OC had taken you to court and then discontinued the DCA would back off pronto

Well I think that if you had submitted a defence and then they discontinued they would have to apply to the court and have a very valid reason to re-litigate against you regarding the same debt. Did they claim the full total balance in their claim?

No problem Just please do not delay sending for the info and send RECORDED DELIVERY ALWAYS !!!

yes ..but if you dont hear from them you will have to enter an embarrassed defence...you can do so online. Please use the time to read around the forum about how Black Horse and their solicitors operate you are at the beginning of a big battle and you need to learn as much as possible so you have weapons to fight with.

Yes you can enter an emabarrassed defence if you dont get the documents in time but you do need to see them

In order to help form a defence we need to see if all their documents are in order so thats why you are asking to see them

No leave them in because you want to see the DN and TN I know they arent mentioned on the Claim form but you need to see them If they dont send you these documents in 7 days you will have to send a reminder. You will have to keep close eye on the time scales.

Hi yes the SAR will have a NOD notation and that will be the date that the DN was initiated but it doesnt prove it was posted that day. Here is the CPR 31.14 letter Dear Sir, Re: (Claimant's name) v (Your name) Case No: CPR 31.14 Request On (date) I received the Claim Form in this case issued by you out of the (Name) county court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. [Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered] Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim: 1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2 the default notice* 3 the termination notice* 4 Any other document you intend to rely on in court * delete if not mentioned in the Particulars of claim. [Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]# # delete if claim for a sum exceeding £5,000.00 You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. yours faithfully

Have you sent a CPR 31.14 letter to request the documents they will be relying on in court This letter goes to the solicitors named on the court papers

Can you type out what it says on the claim form Can you scan the Default Notice and post it up on the thread with any identifying numbers and amounts hidden

Hi Hammy Did they discontinue after you had entered a defence? I think that would make it harder for them to re- issue a claim

Hi Vixta I am unsure what you can do in your case. I think to get the money back for your car you would most likely have to sue and that would be very risky IMHO If they sue you for the remaining balance you can fight against that with the DN etc. They may try to say that since you allowed repossession you terminated the agreement not them ... Perhaps someone with more knowledge will come along

There you go ... I suspect they are going to try to increase your payments so that you fail to keep up. Then they can follow on with a CO application. So get ready to state your position . Get your notes ready. They have had a walk over so far and now its your time to make your points clearly to the Judge. I am pretty sure that following redetermination as long as you keep up the installments they will be unable to go for a Charging Order so you must make sure the payments are set tomorrow at a level you can afford . Get your stuff together . Bullet point your notes and read through a few times Practise a bit on the most important points you want to get across. Say them out loud so you can hear how they sound. Practise this ' With respect Sir I do not agree with what the Claimant says ....My view on this point is ... ' ' Sir if I may be allowed to comment on this point ........' Get your message to the Judge and dont let them walk all over you again. Good Luck .... You will be fine ...

I have to go make some food but I will be back later

Yes it does make a difference as the CO can only be attached to your share of the equity in the house and I believe your OH can object to the CO being granted There is a thread on Charging Orders http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html Possibly a charging order may be mentioned tomorrow but you have complied with the installment order so I am not sure

As i think of anything else I will post on your thread and it will stay current. Hopefully someone else will see it and advise also. I will see who is around