"HELP" With starting a POC

[cab1ne]

Hi all,

Just a little background.

2006 I purchased with the aid of credit a vehicle for the sole purpose of setting up my own taxi business (sole trader). Everything was going quite well. 2007 I allegedly fell into arrears, FOS complaint (useless). 2009 Link financial became involved. Created havoc then bottled out 2010 Shoosmiths became involved. More havoc and started court proceedings against me.

I would appreciate your help and advice on setting out a Particulars of Claim please.

I’m will most likely have to take a creditor to court in order to claim back all monies paid on an agreement (From 2006) and a replacement vehicle (they repossessed the original one) or compensation to the value of.

February 2011 Creditor took me to court for summary judgement which was…..DENIED

I argued Wilson v First County Trust, to which the judge agreed. And told them that due to the conditional sale agreement being pre April 2007, lacking in prescribed terms and several other issues that came into play the case was set for fast track.

The creditor then decided in May 2011 to discontinue the entire claim for commercial reasons.

I wrote to the creditor in June 2011(Letter Before Action) asking for the following,

Return of all instalments paid on the agreement

Return of all monies received at auction for the vehicle

Return of deposit paid on the agreement

Contractual interest

Cost of a replacement Vehicle at the same spec and age of the vehicle (when it was repossessed February 2010)

Return of Agents fees

Wasted costs

And surprise surprise, not a sausage

So I have sent them a little reminder today giving them another 14 days in an attempt to get some sort of response, (I wont be holding my breath)

Any help you can give would be much appreciated.

 

Dave

[andydd]

Surely just fill in the N1 Court Form and list the items above, the initial POC doesnt have to go into too much detail.

 

I believeb though you will have to explain why the installments should be returned to you, after all, havnt you had enjoyment of using the car for a perios of time ?

 

Not sure about the Wasted Costs, i assume that this relates to the claim they made against you and therefore should be kept seperate from this claim.

 

In this new claim just put Costs.

 

Andy

[cab1ne]

Surely just fill in the N1 Court Form and list the items above, the initial POC doesnt have to go into too much detail.

ok no probs, i'll down load it and fill it in

 

I believeb though you will have to explain why the installments should be returned to you, after all, havnt you had enjoyment of using the car for a perios of time ?

i do see your point, however i thought, that when an agreement pre april 2007 is not compliant due to a lack of or mis-stated prescribed terms, it is classed as irredeemably unenforceable.

 

Not sure about the Wasted Costs, i assume that this relates to the claim they made against you and therefore should be kept seperate from this claim.

not to bothered about the wasted costs, however i have read on these threads that when a creditor discontinues they are liable for your wasted costs

 

In this new claim just put Costs.

LiP costs i would assume "i am exempt court costs" i have read somewhere that LiP costs have now gone up to £18 ???

Andy

 

thanx for the reply andy

 

dave

[The Mould]

Good evening Cab1ne

 

What is the value of your claim?

 

The N1 Claim form provides for "Brief details of claim", however, you ought to serve your Particulars of Claim therewith setting out the matters relied upon in support of your claim.

 

When you have filled out the N1 Claim form post up the draft for advice/comments etc. etc.

 

Kind regards

 

The Mould

[cab1ne]

Good evening Cab1ne

and good evening to you Mr Mould

What is the value of your claim?

now that is a good question, it is roughly £25k (subject to debate)

 

The N1 Claim form provides for "Brief details of claim", however, you ought to serve your Particulars of Claim therewith setting out the matters relied upon in support of your claim.

i suppose this is where the value of the claim is important ??

When you have filled out the N1 Claim form post up the draft for advice/comments etc. etc.

would this need to include what parts of the act they have breached etc,

Kind regards

 

The Mould

 

thanx for the reply

 

dave

[The Mould]

Cab1ne

 

Here is an example in respect of "Brief details of claim" - for the N1 Claim form;

 

 

EXAMPLE PURPOSES ONLY

 

Brief details of claim

 

The 1st Defendant reneged on his promise given to the Claimant under an agreed temporary contract after the Claimant had relied upon the said promise given and performed the obligation required of him under the terms of the said temporary contract. In repudiation of the said temporary contract, the 1st Defendant repudiated on the credit agreement, failed to serve a valid statutory default notice upon the Claimant and in breach of his statutory duty imposed under s.92 of the Consumer Credit Act 1974 ("CCA 1974") (as amended) the 1st Defendant instructed the 3rd Defendant to trespass onto private land with intent to take unlawful possession of a hire purchase vehicle registered to the Claimant and thereby violate the Claimant's rights to possession and use of the same. The requirements of s.61 of the CCA 1974 were not complied with by the 1st Defendant or his agent, the 2nd Defendant, in this regard, the credit agreement to which the said vehicle relates is an improperly executed credit agreement whereby enforcement action can only be taken by the 1st Defendant upon an order of the High Court pursuant to s.92 and s.65 of the CCA 1974.

 

Value

 

And the Claimant claims;

Repayment of all sums paid under the improperly executed credit agreement totalling £xxx.

Damages equal to the loss of the vehicle caused by the said unlawful means of the 1st and 3rd Defendants actions to include compensation for the serious inconvenienced caused to the Claimant by the loss totalling £xxx - the vehicle price and £xxx for the inconvenience caused by the loss.

Damages for defamatory defaults entered on credit reference agency files at £xxx per default x3 = £xxx

Outstanding legal costs incurred by the Claimant as of the date hereof totalling £xxx

 

Kind regards

 

The Mould

[The Mould]

Cab1ne

 

An example format for your Particulars of Claim;

 

IN THE [Name of Court] COUNTY COURT Claim no.

 

Between:

 

 

Mr (Mrs) John/Jane Doe Claimant

 

 

-and-

 

 

(1)Motor Co Vehicle Finance

(2)A & A Cars (England) Ltd

(3)ABC (UK) Ltd Defendants

 

 

 

 

PARTICULARS OF CLAIM

 

 

 

 

Introduction to the Claimant

 

1. These Particulars of Claim are prepared on behalf of the Claimant under his express consent and authority.

 

2. The Claimant in these proceedings is [state your full name and full address details here] S/He is a hardworking, clean living and law abiding citizen whose credit relationship history with his/her creditors is exemplary and s/he has never defaulted on any credit agreement or contract with any creditor, to put it simply, the Claimant is a decent and respectful fellow/person and most certainly not a ‘bad debtor’.

 

3. The Claimant is fully employed under contract with [Employer details/ or if Self Employed, state that fact] and has been in their employment for the last 15 years, he is the Team Leader/Manager etc. of the [Department].

 

 

4. In these Particulars of Claim;

 

a. “the Act” shall mean the Consumer Credit Act 1974 (as amended), unless otherwise stated, all references to “sections” hereafter, are to sections of the Act;

 

b. “the original contract” shall mean the two page Hire Purchase Agreement, page one thereof being signed by the Claimant on the 28th December 2010, page two of the same being signed by the 2nd Defendant on the same said date;

 

 

c. “the credit agreement” shall mean the eight page Hire Purchase and Credit Agreement and five page GAP insurance contract allegedly signed and entered into by the Claimant on the [state date].

 

d. “the vehicle” shall mean the Hire Purchase car under the credit agreement described as a [colour & model], Registration Number: [if you know it], Chassis No: [if you know it], Engine No: [if you know it], date first registered [if you know it];

 

e. “the temporary contract” shall mean the agreed two month temporary contract between the Claimant and the 1st Defendant agreed on [ date ] with the dates [ xx January and xx February 2012] agreed between the two said parties for the required performance of the Claimant;

 

f. “the creditor” shall mean Motor Co Vehicle Finance (1st Defendant);

 

g. “the car dealer” shall mean A & A Cars (England) Ltd of [full address details] (2nd Defendant);

 

h. “the 3rd Defendant” shall mean ABC (UK) Ltd

 

 

5. This case concerns the equitable doctrine of promissory estopple and the 1st Defendant’s fundamental breach of contract under a promise given by the 1st Defendant to the Claimant under a temporary two month contract upon which the two parties had agreed to the same thing and to which said instrument held their conscience bound, whereby, for the duration of the said temporary contract the 1st Defendant’s strict rights under the terms of the credit agreement were suspended, however, upon the Claimant performing the obligation agreed to and required of him under the said temporary contract, the 1st Defendant abandoned the same and reneged upon his agreement and without service of any notice to the Claimant the 1st Defendant insisted upon his strict rights under the terms of the credit agreement to the Claimant’s detriment.

 

a. A genuine dispute arose whereby the Claimant relied upon the doctrine of promissory estopple and the fact that he had performed the act required of him under the said temporary contract, the 1st Defendant disregarded the Claimant’s genuine and legitimate dispute and served three invalid statutory notices (Default notices) upon the Claimant and shortly after the service of the third invalid statutory notice, the 1st Defendant abandoned and terminated the original contract and in breach of his statutory duty imposed upon him under s.92 of the Act, he undertook enforcement action against the Claimant by way of instructing the 3rd Defendant to obstruct and take control of the Claimant’s vehicle at 06:00 am on the xx March 2014 and by 10:00 am of the same the 3rd Defendant, in acting as agent for the 1st Defendant, had unlawfully taken possession of the said vehicle by way of trespass from the privately rented residential premises of the Claimant and towed it away without the Claimant’s consent or any entitlement to do so.

 

b. Further to the above, it should be noted that the 1st Defendant did not obtain a High Court order pursuant to s.92 of the consumer Credit Act 1974 (as amended) granting any permission for him or his agent, the 3rd Defendant, to enter onto the private land where the vehicle was parked and take possession of the vehicle, the Claimant did not give any consent for the same to either the 1st or 3rd Defendants, in this regard, the 1st Defendant is in breach of his statutory duty imposed upon him under s.92 of the 1974 Act, his said actions are unlawful and constitute theft of the vehicle an offence to which the 3rd Defendant is an accessory to and thereby jointly liable for the damages claimed by the Claimant in these proceedings.

 

6. The Claimant commences these proceedings on the grounds of his causes of action enumerated below;

 

a. the Claimant relies upon the doctrine of promissory estopple under a temporary contract whereby the 1st Defendant’s strict rights under the credit agreement were suspended by the agreed temporary novation of the original contract;

 

b. the Claimant pleads fundamental breach of the said temporary contract by the 1st Defendant by way of repudiation of the same without just cause or legal excuse;

 

c. the Claimant avers breach of statutory duty by the 1st Defendant by way of failing to serve a valid statutory default notice pursuant to s.87(1) of the Consumer Credit Act 1974;

 

d. the Claimant avers fundamental breach of the improperly executed credit agreement by the 1st Defendant by way of repudiation and termination of the same without just cause or legal excuse;

 

e. the Claimant avers breach of statutory duty by the 1st Defendant by way of failing to comply with s.92 of the Consumer Credit Act 1974 and instructing a third party to trespass onto private property and take possession of goods by unlawful means.

 

f. The Claimant asserts that the Hire Purchase and Credit Agreement Regulated by the Consumer Credit Act 1974 is an improperly executed credit agreement on the grounds that the requirements of s.61 of the Act was not complied with by either the 1st or 2nd Defendants;

 

g. The Claimant avers that the above-stated action undertaken by the 1st Defendant constitutes enforcement action as defined in s.65 of the Act and for the factual reasons set out hereinafter, the Claimant asserts that the said actions of the 1st Defendant are not only unjust but also unlawful.

 

h. The Claimant avers that the relationship with the creditor is an unfair relationship in connection with the credit agreement and respectfully asks the Court to assess the same under s.140A of the Act.

 

7. Background

Set out the background as to the facts of the circumstances of the case, thereafter, state your pleadings/allegations against the Defendant (the matters you rely upon as to why the Defendant is liable).

 

Hope that will help you somewhat.

 

Kind regards

 

The Mould

Edited January 27, 2012 by The Mould
Edit details required

[cab1ne]

Cab1ne

 

Here is an example in respect of "Brief details of claim" - for the N1 Claim form;

 

 

EXAMPLE PURPOSES ONLY

 

Brief details of claim

 

The 1st Defendant reneged on his promise given to the Claimant under an agreed temporary contract after the Claimant had relied upon the said promise given and performed the obligation required of him under the terms of the said temporary contract. In repudiation of the said temporary contract, the 1st Defendant repudiated on the credit agreement, failed to serve a valid statutory default notice upon the Claimant and in breach of his statutory duty imposed under s.92 of the Consumer Credit Act 1974 ("CCA 1974") (as amended) the 1st Defendant instructed the 3rd Defendant to trespass onto private land with intent to take unlawful possession of a hire purchase vehicle registered to the Claimant and thereby violate the Claimant's rights to possession and use of the same. The requirements of s.61 of the CCA 1974 were not complied with by the 1st Defendant or his agent, the 2nd Defendant, in this regard, the credit agreement to which the said vehicle relates is an improperly executed credit agreement whereby enforcement action can only be taken by the 1st Defendant upon an order of the High Court pursuant to s.92 and s.65 of the CCA 1974.

 

Value

 

And the Claimant claims;

Repayment of all sums paid under the improperly executed credit agreement totalling £xxx.

Damages equal to the loss of the vehicle caused by the said unlawful means of the 1st and 3rd Defendants actions to include compensation for the serious inconvenienced caused to the Claimant by the loss totalling £xxx - the vehicle price and £xxx for the inconvenience caused by the loss.

Damages for defamatory defaults entered on credit reference agency files at £xxx per default x3 = £xxx

Outstanding legal costs incurred by the Claimant as of the date hereof totalling £xxx

 

Kind regards

 

The Mould

 

i am sooooo glad that is only an example.

 

i take it from the above example the POC has to mean what it says on the tin.

 

dave

[cab1ne]

Cab1ne

 

An example format for your Particulars of Claim;

 

IN THE [Name of Court] COUNTY COURT Claim no.

 

Between:

 

 

Mr (Mrs) John/Jane Doe Claimant

 

 

-and-

 

 

(1)Motor Co Vehicle Finance

(2)A & A Cars (England) Ltd

(3)ABC (UK) Ltd Defendants

 

 

 

 

PARTICULARS OF CLAIM

 

 

 

 

Introduction to the Claimant

 

1. These Particulars of Claim are prepared on behalf of the Claimant under his express consent and authority.

 

2. The Claimant in these proceedings is [state your full name and full address details here] S/He is a hardworking, clean living and law abiding citizen whose credit relationship history with his/her creditors is exemplary and s/he has never defaulted on any credit agreement or contract with any creditor, to put it simply, the Claimant is a decent and respectful fellow/person and most certainly not a ‘bad debtor’.

 

3. The Claimant is fully employed under contract with [Employer details/ or if Self Employed, state that fact] and has been in their employment for the last 15 years, he is the Team Leader/Manager etc. of the [Department].

 

 

4. In these Particulars of Claim;

 

a. “the Act” shall mean the Consumer Credit Act 1974 (as amended), unless otherwise stated, all references to “sections” hereafter, are to sections of the Act;

 

b. “the original contract” shall mean the two page Hire Purchase Agreement, page one thereof being signed by the Claimant on the 28th December 2010, page two of the same being signed by the 2nd Defendant on the same said date;

 

 

c. “the credit agreement” shall mean the eight page Hire Purchase and Credit Agreement and five page GAP insurance contract allegedly signed and entered into by the Claimant on the [state date].

 

d. “the vehicle” shall mean the Hire Purchase car under the credit agreement described as a [colour & model], Registration Number: [if you know it], Chassis No: [if you know it], Engine No: [if you know it], date first registered [if you know it];

 

e. “the temporary contract” shall mean the agreed two month temporary contract between the Claimant and the 1st Defendant agreed on [ date ] with the dates [ xx January and xx February 2012] agreed between the two said parties for the required performance of the Claimant;

 

f. “the creditor” shall mean Motor Co Vehicle Finance (1st Defendant);

 

g. “the car dealer” shall mean A & A Cars (England) Ltd of [full address details] (2nd Defendant);

 

h. “the 3rd Defendant” shall mean ABC (UK) Ltd

 

 

5. This case concerns the equitable doctrine of promissory estopple and the 1st Defendant’s fundamental breach of contract under a promise given by the 1st Defendant to the Claimant under a temporary two month contract upon which the two parties had agreed to the same thing and to which said instrument held their conscience bound, whereby, for the duration of the said temporary contract the 1st Defendant’s strict rights under the terms of the credit agreement were suspended, however, upon the Claimant performing the obligation agreed to and required of him under the said temporary contract, the 1st Defendant abandoned the same and reneged upon his agreement and without service of any notice to the Claimant the 1st Defendant insisted upon his strict rights under the terms of the credit agreement to the Claimant’s detriment.

 

a. A genuine dispute arose whereby the Claimant relied upon the doctrine of promissory estopple and the fact that he had performed the act required of him under the said temporary contract, the 1st Defendant disregarded the Claimant’s genuine and legitimate dispute and served three invalid statutory notices (Default notices) upon the Claimant and shortly after the service of the third invalid statutory notice, the 1st Defendant abandoned and terminated the original contract and in breach of his statutory duty imposed upon him under s.92 of the Act, he undertook enforcement action against the Claimant by way of instructing the 3rd Defendant to obstruct and take control of the Claimant’s vehicle at 06:00 am on the 4th January 2012 and by 10:00 am of the same the 3rd Defendant, in acting as agent for the 1st Defendant, had unlawfully taken possession of the said vehicle by way of trespass from the privately rented residential premises of the Claimant and towed it away without the Claimant’s consent or any entitlement to do so.

 

b. Further to the above, it should be noted that the 1st Defendant did not obtain a High Court order pursuant to s.92 of the consumer Credit Act 1974 (as amended) granting any permission for him or his agent, the 3rd Defendant, to enter onto the private land where the vehicle was parked and take possession of the vehicle, the Claimant did not give any consent for the same to either the 1st or 3rd Defendants, in this regard, the 1st Defendant is in breach of his statutory duty imposed upon him under s.92 of the 1974 Act, his said actions are unlawful and constitute theft of the vehicle an offence to which the 3rd Defendant is an accessory to and thereby jointly liable for the damages claimed by the Claimant in these proceedings.

 

6. The Claimant commences these proceedings on the grounds of his causes of action enumerated below;

 

a. the Claimant relies upon the doctrine of promissory estopple under a temporary contract whereby the 1st Defendant’s strict rights under the credit agreement were suspended by the agreed temporary novation of the original contract;

 

b. the Claimant pleads fundamental breach of the said temporary contract by the 1st Defendant by way of repudiation of the same without just cause or legal excuse;

 

c. the Claimant avers breach of statutory duty by the 1st Defendant by way of failing to serve a valid statutory default notice pursuant to s.87(1) of the Consumer Credit Act 1974;

 

d. the Claimant avers fundamental breach of the improperly executed credit agreement by the 1st Defendant by way of repudiation and termination of the same without just cause or legal excuse;

 

e. the Claimant avers breach of statutory duty by the 1st Defendant by way of failing to comply with s.92 of the Consumer Credit Act 1974 and instructing a third party to trespass onto private property and take possession of goods by unlawful means.

 

f. The Claimant asserts that the Hire Purchase and Credit Agreement Regulated by the Consumer Credit Act 1974 is an improperly executed credit agreement on the grounds that the requirements of s.61 of the Act was not complied with by either the 1st or 2nd Defendants;

 

g. The Claimant avers that the above-stated action undertaken by the 1st Defendant constitutes enforcement action as defined in s.65 of the Act and for the factual reasons set out hereinafter, the Claimant asserts that the said actions of the 1st Defendant are not only unjust but also unlawful.

 

h. The Claimant avers that the relationship with the creditor is an unfair relationship in connection with the credit agreement and respectfully asks the Court to assess the same under s.140A of the Act.

 

7. Background

Set out the background as to the facts of the circumstances of the case, thereafter, state your pleadings/allegations against the Defendant (the matters you rely upon as to why the Defendant is liable).

 

Hope that will help you somewhat.

 

Kind regards

 

The Mould

 

it most certainly does, and thankyou very much for your input.

 

looks like ive got my work cut out

 

dave

[The Mould]

No problemo memo

 

You can do it Cab1ne, so go get 'em. By the way, as your claim will be at the £25k value, you can file it to the HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION, the Court fee will be £360 (from my memory, same fee is applicable is you file in the County Court)

 

Kind regards

 

The Mould

[cab1ne]

No problemo memo

 

You can do it Cab1ne, so go get 'em. By the way, as your claim will be at the £25k value, you can file it to the HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION, the Court fee will be £360 (from my memory, same fee is applicable is you file in the County Court)

 

Kind regards

 

The Mould

 

i actualy qualify for fee exemption, would that count for any court or just county court.

 

dave

[The Mould]

i actualy qualify for fee exemption, would that count for any court or just county court.

 

dave

 

Yes Cab1ne

 

Kind regards

 

The Mould

[cab1ne]

Yes Cab1ne

 

Kind regards

 

The Mould

 

"Nice"

 

dave

[cab1ne]

ok

 

its been a while but i have been snowed under with work.

 

i snt lombard a letter before action

 

LETTER BEFORE ACTION

 

 

1st May 2012

 

Vehicle Registration: xxxxxxx

Agreement Number: xxxxxxxxxxxx

Case Number: xxxxxxxxxxx

 

Dear Sir/Madam

With reference to the above, Lombard North Central Plc, is now liablefor the return of the following:

 

(1). Return of all instalments paid on the above agreement = £ xxxxxxxx

 

(2). Return of all monies received at auction for the above vehicle = £xxxxxx

 

(3). Return of deposit paid on the above agreement = £xxxx

 

(4). 13.8% contractual interest as per the above agreement = £xxxxxxx

 

SUB TOTAL 1 =£xxxxxx

 

(5). Cost of a replacement Vehicle at the same spec and age of the abovevehicle (when it was repossessed). = £xxxxxx

 

SUB TOTAL 2 =£xxxxxx

 

(6). Return of Hammonds Uk (Agents) fees = £xxxxxx

 

SUB TOTAL 3 =£xxxxxx

 

(8). My wasted costs Due to your discontinuance of the above case,calculated at 2/3rds of your costs (as per summary judgement £XXXX) = £XXXX

 

TOTAL = £xxxxxxx

 

I hereby give you 14 days upon receipt of this letter before action inwhich to respond.

 

If I do not receive a reply by 4pm Thursday 14th July 2011, Ireserve the right to instigate court proceedings against Lombard North CentralPlc, without further notice.

 

However: In order to save time and costs, I am prepared to accept a oneoff (full and final) payment of £20K+ iSH

 

If Lombard North Central Plc accepts the above offer within the timeframe set out above, I am also prepared to waive my right to pursue LombardNorth Central Plc for the entire loss of my business. Loss of earnings, Loss ofprofit, Nominal Damages, Special Damages, etc).

 

I look forward to your reply

 

 

 

Yourssincerely

 

 

 

CAB1ne

 

 

 

dave

[cab1ne]

and then i got a reply from shoosmiths solicitors on the 23rd May 2012 saying

 

we write further to the above matter and confirm that lombard north central plc have furnished us with a copy of your letter dated 1st May 2012, the content of which is noted.

 

We confirm that we are reviewing the position with our client and anticipate being in a position to respond in the near future.

 

In the interim we would be grateful if you would please refrain from issuing court proceedings

 

 

 

dave

[cab1ne]

and then i got a reply from shoosmiths solicitors on the 23rd May 2012 saying

 

we write further to the above matter and confirm that lombard north central plc have furnished us with a copy of your letter dated 1st May 2012, the content of which is noted.

 

We confirm that we are reviewing the position with our client and anticipate being in a position to respond in the near future.

 

In the interim we would be grateful if you would please refrain from issuing court proceedings

 

 

 

dave

 

i am a little confused with this one regarding "in the NEAR FUTURE" ?????

 

any suggestions would be greatly appreciated

 

 

dave

[cab1ne]

ok

 

i wrote to shoosmiths again and politely asked them to get a move on, and giving them till the 17th august to do so. now they have responded with a little more fire in their belly.

 

i find their response a little confusing to say the least,

 

looks like i'll have to take the bull by the horns and take them to court.

 

any suggestions greatly appreciated.

 

 

dave