Honda Finance

[Ganymede]

When the agent signs in with the usher they will identify themselves and where they are from etc. No prior notification is needed.

 

Why do you want to know the rules? Are you hoping to object?

 

Agents are allowed as its not always possible or cost effective for a solicitor to travel 200 miles for example for a 20 minutes hearing.

[cheekone]

no i can upload photos fine , i need to remove all the personal data , i just got so much stuff

 

please find my agreement and terms and condtions in this post

 

right hopefully i can give you information required, and might and appoligise if I appear to be messing around

but i have to go to the local libary to scan things in

cheek ,

 

Please find attached the original invoice from honda ruislip which shows the burrowed amount from honda finance, as being £17464.85 honda took me to court stating that £32471.91 was the total amount payable

 

The Apr that should of been charged was 11.9 not 12.9 as shown on the agreement

 

Also the invoice shows the vechile was delivered to me and I colllected it , and I was charged for collecting the vechicle

 

The invoice is a fax from ruislip honda to blackhorse

The file named fh_agreement is also a fax from ruislip honda to blackhorse credit

The final response is from honda finance, which is i believe to be incorrect as the agreement was distance selling which is why the agreement wasn't signed either on the day by the salesman , as the creditor was blackhorse , and preagreements are required when the creditor isn't at the dealers

 

please find the discontinuace from carter attached also

[cheekone]

If anyone has tried to reply , i appoligise as my mailbox is filled up , which i have now cleared out

[citizenB]

Ok, I am totally confused. The discontinuance was back in 2008. Did you claim your wasted costs? Although it is a bit late now in any case.

 

I thought the claim was between Honda/Black Horse Finance and you.. Where did EGG enter the equasion?

 

What exactly are you hoping to achieve ?

[cheekone]

the case wasn't back in 2008 , it was 2009, egg come into it as carter took me too court in them two cases, and i now know it was him and another who appearred at the honda cases , and failed he shouldn't of been their

 

but i need help with my strike out against honda

 

yes they where back in 2008 and 2009 , but guess who turned up at the honda hearings ??? and another crellins solicitor

 

He abused the process so i couldn't but in a defence

 

and i need help please to put a strike out claim in against honda, please, and their was no letter of asignment in my cpr 18 rquest

 

and i phoned the court and they have no knowledge of BC , being their as solicitor. and honda have had near on £48000 out of me

[citizenB]

I think you need to send a private message to andyorch and ask him to look in on you. This is beyond my knowledge

[cheekone]

how about getting my £48000 back

 

i think your knowledge is great , and thank you very much with the help with bmps, and pdf conversion

 

regards cheeky

 

but solicitors who have their own practices are not allowed to act as agents for other practices , except their main practice ?

[Ganymede]

but solicitors who have their own practices are not allowed to act as agents for other practices , except their main practice ?

 

 

I don't see why not.

[cheekone]

got a setside, against a claiment , last july, and they haven't done nothing , do i have to get the claim struck out or can i make a claim against them ?

 

can you report a creditor for fraud and harrassment , to the police when they have took you to court for money thats not owed ? and they have repossed the car illegally

 

cheekyone

[MARTIN3030]

Can you give some specific info and background,without naming any individuals or firms at this stage ?

[cheekone]

The agreement is regulated by the cca 1974, and the distant selling act 2000, i have all the faxes , and the statment from the original creditor, that i have been overcharged with a unenforcable agreement , the solicitors who turned up in court where not the ones mentioned on the claim form

 

They sold my car for far less than the market rate, and personal number plate

 

originally went to court in august 2009, got a brill set of solicitors, , by the time it got back to court , i was really ill and was suffering from servere depression, and anxiety, b12 deffiency , and pernicous anrmia and very stupidly admited liability

 

went down to see the people , who claimed i owed the money in 2010, and showed them some of the evidence , then got a statuoey default sent

 

Then took it back to court , and they agreed to the set aside

 

the overcharge is about 18k

 

the claiments final response, to the fsa was that the agreement , was signed sometime in may 2004, and their was no pre contracts even though it was a distant selling agreement

Edited June 1, 2012 by cheekone
update

[MARTIN3030]

how much had you paid off the car when they did the repo,that is to say what % of the original agreement ?

[cheekone]

i had paid off 22k, and the wrong apr had been added , had been added to the loan , it should of been 11.9, the 0ther money comes from putting my car for auction , and selling it for far less and its market value, it was worth £10500, and the overcharge 0f £9500

 

the claiment added the deposit i had allready paid to the repayment balence of 23k and added the 9,500, making the total amout payable to 32k

 

the claiments final response, to the fsa was that the agreement , was signed sometime in may 2004, and their was no pre contracts even though it was a distant selling agreement

 

the actuall amount out standing on the car was £1017 when taking me to court and from that their is also a 1% to come off on £32500 another £325, the apr shold of been 11.9 not 12.9

the agreement was unenforcable it never contained the prescribed terms , and section 61 signing of the agreements the terms and condtions, where on a seperate page

 

when does the clock start, after someones has taken you to court, and they discontinue, from the last payment or the discontiuation ?

 

cheekyfook

[cheekone]

i have had a hardive crash , and lost my witness statment which i used to setaside judgement will i be able to get a copy from the court ?

 

cheekyfook

[cheekone]

can someone please tell me how I apply to the court to make a counterclaim, after claiment agrees to setaside

Edited February 5, 2013 by cheekone
spelling

[cheekone]

can i make a new fresh claim against claiment , after they agree to setaside as their claim was in acurate and untrue ?

Edited February 8, 2013 by cheekone
re phrasing

[unclebulgaria67]

can i make a new fresh claim against claiment , after they agree to setaside as their claim was in acurate and untrue ?

 

Think you will need to provide more info, so people may be able to answer. When you make this new claim, what POC would you enter ?

[havinastella]

Do you mean, can they make a new claim?

[cheekone]

They wont make a new claim, the claiments representitives where not from who they said they where, and the judge agreed i had paid far more than what was owed. and also stated that he had serious doubts of the of the whole case

 

so i really need to know how to make a aplication to the court on how to make a counter claim

 

Think you will need to provide more info, so people may be able to answer. When you make this new claim, what POC would you enter ?

 

right before we go any further , I got took to court in 2009,and 2010, and managed to get the claim setaside in 2011

 

I have been under doctors and specialists since september 2010, and made very ill

 

The agreement wasn.t enforcable in the first place, the documents in the claiments witness statment where not the original documents, they have been played with

 

the agreement is unsigned, and undated, the amount of credit is incorrect , and the total amount payable is wrong

 

the default notice, and termination notice are incorrect, the consumer credit license was held by another company than the one on the default notice

 

the agreement was regulated by the 2000 distant selling rules as well

 

they also lied to the financial ombudsman , a denying that they had overcharged me, and a pre agreement was not a legal requirement

[batty69]

right before we go any further , I got took to court in 2009,and 2010, and managed to get the claim setaside in 2011

 

I have been under doctors and specialists since september 2010, and made very ill

 

The agreement wasn.t enforcable in the first place, the documents in the claiments witness statment where not the original documents, they have been played with

 

the agreement is unsigned, and undated, the amount of credit is incorrect , and the total amount payable is wrong

 

the default notice, and termination notice are incorrect, the consumer credit license was held by another company than the one on the default notice

 

the agreement was regulated by the 2000 distant selling rules as well

 

they also lied to the financial ombudsman , a denying that they had overcharged me, and a pre agreement was not a legal requirement

 

One of proper legal eaguls like Andyorch will be along at some point, but in the meantime, I was in exactly the same position as yourself recently.

 

Basically because the claim has been set aside, it is still "live", i.e. it is only the judgement that has been thrown out not the actual claim.

 

So therefore you are not able to issue a separate claim, However you can issue a counterclaim on the claimants claim.

 

As to how you go about this I'm not sure, as I was just upto this point with my sols when the claimant whacked in their claim again. So they took this part of the process out of our hands.

[cheekone]

The claiments representive in court where the **** based in surrey, and not from where, the documentation came from, and had no legal right to make the claim, as they failed to supply a notice or deed of assignment with my cpr18 request.

 

Its the 3rd time they have took me to court with no legal right to claim. The Judge made it clear he had serious doubts about their claim and I haven't heard anything since

Edited February 9, 2013 by cheekone
update

[cheekone]

would I be able to get a copy of my defence that was filed with the court so I can amend it ?

Edited February 15, 2013 by cheekone
more info

[wonky100]

I am sure that the court would copy the paperwork for you, at a cost, but why didn't you keep a copy? If you are going to court it is imperative that you keep your file in good order.

[citizenB]

Ummm,what is this in connection with ? I think there are costs involved in amending a defence - can you explain a little more as to why you feel the need to make amendments.

[IdaInFife]

Defences can only be altered with permission of the court and the claimant. N244 is the method used but he will be at risk of increasing the Claimants costs significantly.

 

from andyorch