Blackhorse Car HP - Claim issued

[Jamesx81x]

Ok thanks!

 

Will start constructing defence over next few days, aswell as the above, and all the section 88 and 87 bits regarding the notice and inaccurate figures, reference to woodchester case etc

 

Is there anything else i need to include?

 

Also as asked earlier due to the interest been calculated on an incorrect balance this would then make the total amount of interest wrong would it not?

 

Thanks for all the help

[middenmess]

Great to see that they have put in the POC that they posted the default notice by second class post!

 

Priceless:grin:

[Jamesx81x]

Yes i did notice that

[Jamesx81x]

On the defence form there is not much room to put down my points, do i just carry on, on a serpate sheet or enter my defence on a witness statement?

 

Thanks

[Jamesx81x]

Hi guys

 

Any advice to posts 51 and 54?

 

Thanks

[wannabedebtfreesoon]

On the defence form there is not much room to put down my points, do i just carry on, on a serpate sheet or enter my defence on a witness statement?

 

Thanks

I would say that it would be best if you do your defence on a separate piece of paper and just write on the defence form "see attached" or something to that effect.

 

Your defence does have to be set out in a specific way; stating which court it is to be heard in, claimant and defendant names, claim number and then verified by a statement of truth at the bottom.

 

i.e.

IN THE XXXXXX COUNTY COURT

 

CLAIM NUMBER: XXXXX

BETWEEN

 

 

Black Horse Claimant

And

Jamesx81x Defendant

 

STATEMENT OF DEFENCE

1) My name is Jamesx81x, I am a Litigant in Person and the defendant in this case. This is my Statement of Defence.

 

2) xxxx

 

3) and so on..

 

 

The statement of truth also has to be word specific:

 

Statement of Truth

I believe that the facts stated in this statement of defence are true.

Full name: Mr Jamesx81x

Signed________________________

(Defendant)

 

 

CPR 16.5 tells you everything you should know about what should be in your defence:

 

Content of defence

 

16.5

 

(1) In his defence, the defendant must state –

(a) which of the allegations in the particulars of claim he denies;

 

(b) which allegations he is unable to admit or deny, but which he requires the claimant to prove; and

 

© which allegations he admits.

 

 

(2) Where the defendant denies an allegation –

(a) he must state his reasons for doing so; and

 

(b) if he intends to put forward a different version of events from that given by the claimant, he must state his own version.

 

 

(3) A defendant who –

(a) fails to deal with an allegation; but

 

(b) has set out in his defence the nature of his case in relation to the issue to which that allegation is relevant,

 

shall be taken to require that allegation to be proved.

 

(4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation.

 

(5) Subject to paragraphs (3) and (4), a defendant who fails to deal with an allegation shall be taken to admit that allegation.

 

(6) If the defendant disputes the claimant’s statement of value under rule 16.3 he must –

(a) state why he disputes it; and

 

(b) if he is able, give his own statement of the value of the claim.

 

 

(7) If the defendant is defending in a representative capacity, he must state what that capacity is.

 

(8) If the defendant has not filed an acknowledgment of service under Part 10, the defendant must give an address for service.

 

(Part 22 requires a defence to be verified by a statement of truth)

(Rule 6.23 provides that an address for service must be within the United Kingdom)

[Jamesx81x]

Ok thank you for that appreciate it!

 

Can get started on defence now.

 

Do i just send it to the court or send a copy to the claimant also?

 

Thanks

[wannabedebtfreesoon]

Ok thank you for that appreciate it!

 

Can get started on defence now.

 

Do i just send it to the court or send a copy to the claimant also?

 

Thanks

No prob

I would take 2 copies to the court so they can send one to them, but probably send one to them yourself too, recorded delivery just to be on the safe side

[Jamesx81x]

Thanks will do that!

 

Am i also entitled to claim costs things such as resarch, form filling etc?

[wannabedebtfreesoon]

Thanks will do that!

 

Am i also entitled to claim costs things such as resarch, form filling etc?

Absolutely you can!! Here's mine for you to look at so you've got a rough idea of what you can claim. Best of luck, if you need anything just say the word

STATEMENT_OF_COSTS_Cag.pdf

[Jamesx81x]

At what point would i need to submit this to the court?

 

Thanks

[wannabedebtfreesoon]

At what point would i need to submit this to the court?

 

Thanks

I'd say either with your defence or at the hearing. Submit all your costs up to and including the return of goods hearing, if it goes further you can always amend and resubmit.

[Jamesx81x]

When sending a copy of the defence to the claimant, would giving them a chance to settle out of court be wrong or would it show i have tried to keep it out of the courts one final time in addition to my attempts before they brought the claim?

 

Thanks Guys!

[Jamesx81x]

Also another matter that i have gone over is regarding the charges and Late Payment Interest on the agreement.

 

Under the agreement there is the HP side and a seperate loan account for insurances as detailed earlier on in the thread.

 

I stopped making payments on the loan(insurances) but maintained the HP payments for the car itself. With this in mind as it is the loan account i stopped paying on why have all the collection charges and Late Payment Interest been added to the HP side of my agreement?

 

Surely these should be applied to the insurance loan agreement should they not?

 

Appreciate the advice guys!

[wannabedebtfreesoon]

Hello, got your pm Don't worry about people not finding your thread, anybody that has commented so far will already be subscribed and will get notifications of any new posts. Things are always a bit quiet on the weekend as people try to catch up with their non-cag lives!! I'm sure you will get a lot more help now your thread is in Vehicle Repos.

 

When sending a copy of the defence to the claimant, would giving them a chance to settle out of court be wrong or would it show i have tried to keep it out of the courts one final time in addition to my attempts before they brought the claim?

 

Thanks Guys!

Any attempts to settle out of court are always favourable, in fact if you can show that you have attempted to settle and they have refused your offers it can only count against them and they may end up being viewed as vexatious litigants!

 

 

Also another matter that i have gone over is regarding the charges and Late Payment Interest on the agreement.

 

Under the agreement there is the HP side and a seperate loan account for insurances as detailed earlier on in the thread.

 

I stopped making payments on the loan(insurances) but maintained the HP payments for the car itself. With this in mind as it is the loan account i stopped paying on why have all the collection charges and Late Payment Interest been added to the HP side of my agreement?

 

Surely these should be applied to the insurance loan agreement should they not?

 

Appreciate the advice guys!

If you are up to date with your HP agreement and only behind on your loan agreement then absolutely I would think the charges should be added to the loan agreement! I would actually go so far as to question their right to enter a return of goods claim if the default relates to insurance premiums??!

[Jamesx81x]

I also missed payments on the Hp leading up to the default.

 

I asked the question regarding the charges as i do not see how they can be added along with Late Payment Interest to the HP side of the agreement when it was the loan payments been missed.

 

I only missed payments on the car from Feb until May this year, 4 payments in total but they have been adding charges and interest since i stopped making payments on the insurance back in Sept 2008.

 

This would then further make the HP default inaccurate as they have included charges that were from another agreement.

[wannabedebtfreesoon]

I also missed payments on the Hp leading up to the default.

 

I asked the question regarding the charges as i do not see how they can be added along with Late Payment Interest to the HP side of the agreement when it was the loan payments been missed.

 

I only missed payments on the car from Feb until May this year, 4 payments in total but they have been adding charges and interest since i stopped making payments on the insurance back in Sept 2008.

 

This would then further make the HP default inaccurate as they have included charges that were from another agreement.

Absolutely agree! I'd add that to your defence.

Edited August 7, 2010 by wannabedebtfreesoon
WTF???

[Jamesx81x]

Creditor failed to agree to settle out of court so due in court this Tuesday!

[middenmess]

Creditor failed to agree to settle out of court so due in court this Tuesday!

 

Good luck for Tuesday,James:)

 

Let us know how it goes.

[wannabedebtfreesoon]

Best of luck today, keep us informed x

[cab1ne]

"GOOD LUCK" and fingers crossed

 

cab

[Jamesx81x]

Hi Guys

 

Got to court today and found they had not turned up. Was informed by the DJ that they had received a letter from their solicitors informing them that after reviewing my defence they had applied for an allocation hearing.

 

Not reading to much into it at this moment but what it seems to suggest to me is they have read the defence and were not confident of defending in court today otherwise they would have been there to do so would they not?

 

Thanks

[wannabedebtfreesoon]

How ridiculous!! WTF do they want to do with an allocation hearing??! A result of that would be an allocation to a track and then a trial. It really doesn't make sense, they had a hearing where they could have obtained a judgement but then decided they wanted a trial with the intention of getting a hearing?? I wouldn't be surprised if you never hear from them again! Seems like a way of discontinuing without having to discontinue, if you see what I mean. They probably want to reserve the right to get everything changed around to the correct figures and then restart the proceedings. If they want to amend their POC they will need to make an application for such.

 

But anyway WELL DONE!!!! You've got them on the run and that can only be a good sign. You've done a sterling job!!

[cab1ne]

nice move

 

cab

[Jamesx81x]

Thanks guys really do appreciate all the advice i have been given on here.

 

I did have to chuckle when the DJ told me what was happening. He also went on to say thay most of the the time the claimant rely on the defendant not turning up. Well am sorry to have spoilt their day but i will be there every step.

 

They can change the POC all they want as not one figure adds up to what is on my statement but they will never be able to change the default notice which was incorrect, which also included charges that had been returned and the fact they only gave 13 days for rectification and not 14 as laid down in the CCR1983.

 

We will see what happens next but it is in their own interests to end it now or receive a bigger bill of costs. I will keep you informed along the way.

 

Thanks Guys!