kittiej
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Hi guys Sorry I've been busy with claim forms and witness statements. I've sent everything off to the court now and a copy of my witness statement to BH as well. They are trying to tell me that the first loan wasn't rolled over into the 2nd but I've got the internal sheet from the dealers showing that this did happen. Their solicitors are being quite smug about it all, I wonder how they will react once we get to court lol. I did pick up on the point in their witness statement so put that in my defence, their 'Claimant' turned into 'Claimants' further down in their ws and as legal professionals they **ought** to know what they are doing! thanks.
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Can somebody tell me if I can refer to the content of the witness statement they've sent me as well as poc please? I have a problem with the witness statement which probably isn't a big issue in the grand scheme of things but will make BH look a bit simple lol.
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I didn't get an acknowledgement of service and the court date is 12th dec. I just had a claim form, I don't know if this is because it is a vehicle repossession. Thanks
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The claim was dated 14th nov and there was no letter before action or demand for payment. The dn says to pay arrears before 6th nov and not by the 6 th if that Makes a difference - I don't know Thanks citizen b
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Thank you
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Thanks Ford The Poc has the 18th stated as well which would make it 2 days out perhaps so maybe with the confusion on the DN and the poc the J **might** not look too lightly on BH. They didn't send a letter before court action either so I will contest their costs too. Just to edit, dx asked how the date was set out, does this matter? I can't see anything in the document I read on this thread. Thanks x
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Thanks Ford x
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No a Pass-it
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Return of goods after termination of agreement Parts 1 to 6 their details, my details, car details. parts 7 to 9 amounts payable, amounts paid, unpaid balance (did you need to know these?) part 10 (interestingly) A default notice was served by 2nd class post on 18th October (DN says 17th) part 11 the right to demand delivery accrued on 9th November part 12 Amount claimed as alternative to delivery of goods £6015.11 part 13 Amount claimed in addition to delivery of goods £1872.31 AND THE CLAIMANT CLAIMS A) An order for delivery up of the goods as detailed in item 6 B) The arrears of instalments and half total amount payable under the Hire Purchase Agreement and balance due under Loan Agreement item 13 C) The costs of this action. Statement of truth dated 9th November 2012. So are they saying I received the DN on the 18th or that they sent it on that day? Thanks
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Thanks x
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Sorry dx I wanted to check the dn out as I received a copy in the witness statement today. I can't read the pdf on this computer I'll have to try the other one. The dn says 6th November 2012 and not 06/11/2012 The actual agreement doesn't have a date. Thanks
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The term was 60 months and I'm 41 months in. The car has an inherent fault which i found out about 14 months into having it (an injector failed which i had to pay out for) BH didn't want to know and said it was probably due to wear and tear and they weren't responsible due to a reasonable amount passing . I wrote back and said no I disagree and they said get a report done which i couldn't afford so I left it at that. This saturday I had a letter from VW to say my car was part of a small batch affected by a production fault so it wasn't due to wear and tear. I have been scared to death to drive the car since the first injector went and have not enjoyed using it one bit - I digress sorry
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Not that I can see with the DN, the agreement hasn't been signed on their behalf and there isn't a date either. I was told I would get a free warranty because I previously said I didn't want one but guess what - it's in the agreement and I've been charged for it and there's return to invoice insurance on there. I had an agreement on a first car and when there was about £900 left I got this car however they just told me 'we can sort that' instead of telling me they were adding it onto this agreement. So the fact they 'could sort' the first lot of finance out, were offering me their version of the £2k scrappage scheme and a free warranty as well enticed me to buy this car
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thanks Ford Black Horse state it was sent 2nd class in the particulars of claim and witness statement so they admit it themselves
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It's for car hp. I've got to hand in my defence by the end of this week and the DN is in the POC. They are after possession of the car so wondered if this dn is defective? Thanks
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