Hi all , I run a small buessiness and we are the defendant in county court case, ill keep it short but it involved a customer who left his car with us for repair and Mot and said there was no rush to repair and we could take as long as needed but turned up the next day ranting and swearing because it was not ready, just charged him £30 for mot and asked him to leave, he then issued a summons against us for £370 for breach of contract, he actually issued the summons in my managers personnel name even though he does not own the ltd company and his just paye employee, we had a quick first hearing the district judge ruled to serve witness statement by 23/8 and the claimant to issue a statement why he thinks the manger is personally libel, and trial was set for 20/11 he did not serve any witness statements or the required libel statement on us, when we got to trial date, the judge asked why he had not served anything on us he said he thought it was a nonsense and he had attached everything to original POC, she said he has to now serve everything thing again by 27/11 including a POC on our company name so the company can defend the claim aswell, the claimant has now just sent the original claim statement company ( he addressed it to a private house completely wrong address) but he has ignored the judge and did not put any POC sheet so now there is no defence sheet there to use for my company's defence, I have until the 03/12 to defend as per judges last hearing, can I just apply to have this case dismissed as the claimant has now ignored 3 judges order request, thanks in advance for advice anyone,

Thanks for your help

HI it was a finance hp agreement, thanks

Hi , we have a car on finance with black horse, there are some arrears so ive offered to setlle it in full, the total amount payable under the agreement is £13780 we have paid just over £12900 in total back, i offered to settle the remaining bit in full, they came back with a figure of just over £2700, then sent me a notice ending the agreement and asked for the car back, i,m going to ring them tomorrow and try and sort it out, any advice on which way to approch them..thanks

Thankyou so much, once again if i receive any thing from the court ill post it striaght away, i really do think they will have applied to the court so we will see what happens, kind regards

Thanks again, point to me donating aswell , i really do owe this site some payback...

Hi , Thanks yes you were the main helper and steered me spot on,thankfully things have improved alot money wise since then and really have kept our heads above water, helping with the letter would be great , just to add ive noticed that they have laso charged me 20 payments of £33.97 a total of £679.40 for there building insurance, i already have this with direct line myself..they say they have already asked the court for a eviction date , i phoned the court they say they dont have a request as yet, do i need to take some action with the court..

Hi yes had two house at one point(one let), managed to sell one, have really managed to get things sorted money wise since then thats why im so gutted by this..

Hi Thanks for reply, its Morgage agency services no 2 Ltd

Hi All, about 14 months ago our mortage company took me to court for arrears, they suspended the repossion and made a order that i must pay normal monthly amount plus £200, I have done this and to my suprise got a solictors letter this week to say they were applying for a warrant to reposses the house due to the order failing, I rang the mortgage company and they said i had missed 2 payments, now to be honest last Febuary i lost my sister suddenly and life turned upside down for a bit, but this really was a genuine mistake(They have never wrote to me about this), they also said i did not pay May, but this was paid direct into the motgage companys bank in cash, it seems to have got credited to someone elses account by mistake, Natwest are investergating and have confirmed this, I offered to pay both payments by debit card straight away(even thought one is not my fault), the mortage comapany have refused and said they want possesion, they have now sent me a statement for the last 12 months and when i check it , I have paid £1394 more than i should in payments, because every month I paid extra on top to keep in front, this is more than the missing two payments, I explained this to my mortgage company and they have said this has no effect on the repossion , since the court order was made i have infact reduced the arrears , they are now more than half what they were at one point, really do feel like this should not need to happen and the worry starts all over again, I am going to ask for a hearing again and hope i get a Judge that sees things my way, I really do feel this company just want the house back, even there solictor said he had to double check they wanted to do this, Any ideas always welcome ...

HI All Passed all to a solictor now , for councels opion, had a good letter back from Halifax at last stating that 100% that the CCA the DCA used in court supported by a statement of truth could have only come from a much later date than 2002 (time of agreement), means they completed mislead the trial judge in cliaming it was given to me in 2002, will keep you all updated off course

Some quick advice still needed..thanks all

Hi All need some quick advice, i have today got home and a DCA that got a county court judgement against me in Feb,2010 have popped a Stat demand through my door(by hand), they got a judgement against me in my absence, the court nor the claimant never gave me the court date, anyway lost set a side hearing because the judge said i should have been checking for the date, anyway the credit credit agreement(application it said on it dated July 2002) they used i know is floored because it had no perscribed terms, they later produced a seperate sheet with perscribed terms, this one did not have my signature on it and no account numbers, i know that so called agreement was from a much later date than the first one because of the charges listed on it etc, i,ve asked Halifax to give a date for the secound agreement but they have not replied, do i go back to court and ask the court to pay the judgement by monthly installments or is that option blocked by the latest stat demand,no installment order was ever granted, my house is neg equity, but dont want to lose it ..any ideas would really help..

Hi do i take this money or tell them to stick this low amount, they took me to court and made my life hell, think i will get them tell what all the charges were on the account and get them to explain how they come to this amount..

Hi All Just had this offer letter through from Gmac, had completely forgot about this old payed up account and not sent a Subject Access Request or anything, there letter seems to be backing up what we have all be saying for a long time, what does anyone think? gmac offer picture by sellyservice - Photobucket