County Court Claim Form - how do I respond?

[Battle weary]

I have just received A county Court Claim form against me.

 

The claimant is Black Horse Ltd for £13,990.99

 

The history is as follows - I apologise if it is a bit long winded.

 

We had problems with Black Horse re our car loan when our business went bust - we couldn't pay the monthly payments. After looking on this site we realised that any recovery action that a company may wish to take depends on the type of finance - we had a fixed sum loan agreement with Black Horse. BH insisted that it was a HPI agreement and registered the car as HPI and also an interest on DVLA. They sent round their debt collectors who arranged to take the car off us to lessen the burden of debt. We contacted Trading Standards who looked at our agreement and confirmed that we had a personal loan and that BH had no right to take the car from us.

 

They had to remove the HPI and DVLA notes as our loan is a personal loan and not HPI. Trading Standards have been involved with the case. Some 10 months after starting this crusade we were able to sell the car.

Now to my questions:

I sent Black Horse a request for the copy of my credit agreement on 01/10/07. They cashed my £1 cheque on 05/10/07. They have never provided me with a copy of my agreement. They referred the debt to Sechiari, Clark and Mitchell back in December 2007.

Are they allowed to do this when the account became in dispute circa 19/11/07 after they failed to provide me with a copy of my CCA?

Black Horse then sent me a letter of default on 09 May 2008.

Can they do this whilst the debt still remains in default?

How do I respond to the court papers?

They are dated 09/06/08 so I do not have long to respond?

Can I make a counter claim for costs of insurance, road tax, loss of value on the car for the 10 months that it took Black Horse to remove the HPI before I could sell it?

We eventually sold the car at xmas 07 for a very reduced value - the insurance, tax and mot were due for renewal. No dealers were taking cars just before xmas, so we sold it for a fraction of its true value. We estimate that it cost us/we lost £6,000+.

Any help you could give would be very much appreciated. Just after I lost my business my father was diagnosed with cancer and died in July last year. During this time Black horse were "bar stewards", hounding me on the phone and sending debt collectors round from Close Assist to try and collect the car. I am so fed up with being trodden on by these bullies. Please help me fight back.

[creditcardmug]

Hi can you post up the particulars of claim?

You have 5+14 days to file you AOS from the date on the court claim, i suggest you do this asap, and send a CPR request to the other side.

[creditcardmug]

Template here

 

Dear XXX

 

PART 18 REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign). __________________

[Battle weary]

Thanks Creditcardmug for your reply.

 

I have not got this far with anything before so excuse my ignorance.

 

What are AOS and CPR? And who do I address your letter to?

 

thanks for your help.

[havinastella]

Thanks Creditcardmug for your reply.

 

I have not got this far with anything before so excuse my ignorance.

 

What are AOS and CPR? And who do I address your letter to?

 

thanks for your help.

 

AOS = Acknowledge of Service (The day the papers were deemed served)

 

CPR = Civil Procedure Rules

 

CPR - Parts and Practice Directions

 

Send your CPR to the Solicitors.

 

I'm also having a court battle with these monkeys

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/143436-havinastella-blackhorse.html

 

 

Best of luck

 

 

Jogs

[Battle weary]

 

This is a picture of the N1. I am sending recorded delivery the acknowledgement of service to the court and part 18 letter to the solicitors tomorrow.

 

Is there anything else that I need to do or do I just wait the 14 days to see what the solicitors response is?

[creditcardmug]

Just phone the court in a couple of days to find out what date your defence needs to be filed by. then about a week before, start putting your defence together.

[42man]

As creditcard mug has said you need to acknowledge the court papers first, then you have a further 14 days to submit a defence.....you need to send the CPR by recorded delivery......

 

There are some great threads with defences on.....but it is slightly too early to write the defence at this stage, wait until they respond to your CPR (if they ever do !!!)......but DO acknowledge the court papers, they are hoping that you won't defend and they will get a judgement by default...

[noescape]

what happens when you no longer live in uk and have not heard anything and now theyve started phoning my parents which i havent lived at for years is it best for the parents to say the y dont know where i am and will this stop them ringing up my parents. they cant chase me where i am as weve been told uk has no jurisdiction here? need some advice worrying for my parents wasnt expecting them to phone them can anyone help please, obviously wont even know if weve had court letters for the credit cards but fredericksons have phoned once so far

[noescape]

what happens if they get a judgement by default if your no longer in uk

[42man]

Can you start a new thread Noescape....??

[noescape]

Can you start a new thread Noescape....??

 

sorry

[Battle weary]

 

I have had no response whatsoever and need to put my defence together today so that I can post by guaranteed next day delivery to the Court.

 

Can anyone help please.

[creditcardmug]

Hi again, a few questions,

Can you post up the default notice?

Picture in post 6 is too small, can you just type the Particulars of Claim, and which court is it in?

What date did the court say you must file your defence by?

 

Try using photobucket to upload

 

Will need this info to fashion a holding defence

 

Remove personal details from docs before uploading

Edited July 9, 2008 by creditcardmug
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