Final day for drafting a defence - help please!!!

[Battle weary]

http://www.consumeractiongroup.co.uk/forum/legal-issues/147975-county-court-claim-form.html

 

The above is a link to my earlier thread re Black Horse

 

I have to get the forms back to the court by Friday.

 

I have recieved some of the information following my Part 18 request to Black Horse but no statements.

 

I want to counterclaim for unfair charges - but cannot until I have the statements.

 

I want to counterclaim for the loss of value of the car for the 10 months that I was unable to sell it because Black Horse unlawfully placed it as HPI.

 

I want to counterclaim for the insurance, tax etc that I had to pay on the vehicle for those 10 months.

 

I want to countercliam for all the time and expense, ie letters, postage, phone calls, time off work to see their debt collectors etc.

 

Can anyone help with this please???

[embarrassed_fool]

Hi,

can you give me more info on te statement;

"I want to counterclaim for the loss of value of the car for the 10 months that I was unable to sell it because Black Horse unlawfully placed it as HPI."

Does that mean that a car purchased through black Horse Finance is not HPI ?? A thread link/more info would be useful .

Thanks

[Battle weary]

The car was purchased with a Black Horse Personal Loan. When we tried to sell the car we found out that Black Horse had registered the car as HPI and also on the DVLA register. In June 2007 I wrote to Black Horse asking them to either confirm that the car was on HP or that it was a personal loan. They never replied.

 

In September last year Black Horse sent round a debt collector from Close Assist who wanted us to surrender the car back to Black Horse via them and then we would be liable for any difference. We contacted Trading Standards who confirmed that the car was on a personal loan and not subject to HPI. Because we had agreed to surrender the car back to Black Horse they removed the HPI and we then sold the car privately on 15 December having lost many thousands of pounds of its value. No dealer would take the car off us before xmas and we found a cash buyer who offered us a small percentage of the cars real value. We accepted this offer because the insurance, tax and MOT was running out and we could not afford to carrying on with the car.

 

I would like to add that it sat unsused from the February to the December when we were able to sell it.

[Docman]

Hi

 

Yes, your defence does have to be at the court on Friday. However, it looked to me from your other thread that the claim was online, so you can file your defence online by 4 pm on Friday, so that gives you a little more time.

 

What date did you get the response to your CPR 18 request? Can you post up what you received, less any personal details. It may be possible to put in a defence.

 

However, I wouldn't get too hung up about counterclaiming. It will just confuse the judge.