Help with Black horse needed please

[kezjoben]

Basically i have recieved a court claim form this morning for return of goods which is my car after termination of agreement

its a HP agreement

1- it says the hearing is the 3rd November 2009

2- there is no credit agreement attached, should there be?

3- can anybody please advise me what to do next ?

I will be so greatful of any help please

Edited November 7, 2008 by kezjoben

[42man]

Hi Kez....what do the Particulars Of Claim say ?

[kezjoben]

Hi,I am no longer the registered owner of this vehicle my mum is i never sold it she just now has the logbook in her name so her name is also on this claim .

 

It says

Brief details of the claim - RETURN OF GOODS AFTER TERMINATION OF AGREEMENT Value-£7,491.64 and the particulars are Attached

 

Thanks

[42man]

I'm going to move this to the legal issues forums, I vaguely remember there being several other car court cases, I think one was for a Land Rover Freelander or a Discovery i'll see if I can find it...

[jo5ephedward5]

hi, what are the court involved for? have you missed payments?

 

have black horse randomly written to you? the reason i ask is i have a black horse car agrement [loan not hp] and my dad is not the registered keep as i was unable to sell the car - black horse placed my car on the HPI register despite me not having a HP agrement!

[kezjoben]

hiya i havent paid a payment for over 2 years ! , they have only just gone to court its leicester , they are taking me to court beacause they say i have sold the car and broken the agreement ! but i wonder why they havent taken me to court before! any ideas?

[42man]

I can't read the Particulars Of Claim, can you type them up here ?

 

You have 14 days to acknowledge the claim, then if you want to defend you get a further 14+3 days to submit a defence...

 

Have you requested any of the paperwork using the Civil Procedure Rules ? Default notices, agreement, statements for the duration ? (excessive charges ??)

[jo5ephedward5]

post deleted - incorrect info

Edited November 17, 2008 by jo5ephedward5

[jo5ephedward5]

OK too late for SAR - do as 42 Man says lol

[kezjoben]

its definatly HP , and my car was bought via motorpoint derby , just strange they havent sent the CCA with the court papers & how come its 12 months until hearing? will type it up later and post it on her cheers all

[jo5ephedward5]

not sure why 12 montsh till hearing but i woudl say this is a good think as it will give you pleanty of time to sort your info out etc...i'm sure someone on here with more to offer than me will be along soon!

 

good luck.

[kezjoben]

hopefully Thanks

[kezjoben]

Particulars of claim

The claimant’s claim against 1st defendant is for the return of the vehicle subject to hire prchase agreement details of which are given below . The 1st defendant took possesion of the claimants vihicle on a date unknown with certainty without the claimants prior knowledge or consent and was fully aware that the vehicle was subject to an undercharged hire purchase agreement the creditor had demanded the return of the goods but the 1st defendant has failed to respond.

The claimants claim against the 2nd defendant is for damages for breach of contract in that in breach of clause 2 of the terms and conditions of the agreement the 2nd defendant allowed the vehicle to [ass from his possession as a result the claimant became entitled to immediate possession thereof but has been unable to recover the vehicle. The plaintiff has suffered loss and damage as a result

1. Date of agreement 25/08/04

2. Parties Black Horse Ltd V Me

3.Agreement Number-

4. the agreement is regulated by the consumer credit act 1974

5. Place agreement signed- Motorpoint of derby

6 goods claimed -

7. Total price of goods £14,574.09

8. paid up sum £7,082.45

9. Balance outstanding £7491.64

10. Plus accrued interest fees £0.00

11.total outstanding £7491.64

12. Default notice was served 2 nd class 11th Sept 2008

13. The right to demand delivery accrued on 30th sept 2008

14. The claiment formally demanded the return f their vehicle from 1st defendant 25th august 2008

15. AND THE CLAIMENT CLAIMS

FROM THE 1ST DEFENDANT

A- forthwith delivery of the vehicle

B damages to be assessed

C Costs

FROM THE 2ND DEFENDAND

D Damages to be assessed

E Interest

F Costs

 

 

[kezjoben]

Ther sare the perticulars any ideas on what to do next?? please

[BubbleCat]

Hi All

 

Suziedarkness and I are going through a similar issue to this. I followed 42man's instruction and sent off my recorded letters on Monday. Low and behold I have received a Notice of Hearing in our local county court for the 2 Jan 09.

 

42Man, do you have any idea what I should do now please?

[surfaceagentx20]

I would check with the court that the date for hearing is what you say it is. I wouldn't be surprised if the date for hearing was next month or January.

 

This claim is subject to the procedure set out in CPR PD 7B. Familiarise yourself with the procedure. You do not need to acknowledge service though ideally, you will deliver a Defence. I recomend you and your mum work in harness in defending the case.

 

Have no payments been made to Black Horse by anyone over the last two years or so?

 

Can you post up a copy of the default notice and agreement please after removing any stuff which might identify you?

[kezjoben]

Hi, I dont have a default notice Nor a copy of the CCA well only my copy which isn't signed by me or motorpoint and one wasn't sent with court papers either

[kezjoben]

can anybody give me anymore help please ?

[BubbleCat]

Hi kezjoben,

 

You appear to be in a very similar situation to me and I've been battling with BH for over 2 years. I have found great help on this site and I am sure you will too.

 

My suggestion is to do what I have now done and send the following letter by recorded delivery as per suggestion from X20

 

I recommend a Defence be filed in this case in which you assert a DN was never served. However, before committing yourself, I suggest you obtain copies of documents mentioned in the Particulars of Claim by writing this letter:

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. In addition to providing me with a copy of this document, please explain to me why you regarded yourself as exempt from this obligation?

 

2 the default notice

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make application to the court on ( Date of Hearing )for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I look forward to hearing from you.

 

yours faithfully

[kezjoben]

thanks i have sent a similar letter off to black horse requesting all that last week & ask for longer time from the court so i shall see what happens next

[kezjoben]

I have just taken this car for an mot and found that the chassis/vin number doesn't match the log book , does anybody know how this will effect things?

[kezjoben]

Ok sorted out the chassis number it was a DVLA typo!

Also just spoken to Black horse to see where my Docs are that i requested CCA Etc and it took him ages to find but he said they do have them and will be sending out today so we shall see ! Can anybody help me with what to write in my defence?? please

[kezjoben]

bump

[kezjoben]

I have had a letter today from sechiari , clark & mitchell solicitors on behalf of Black horse acknowleging me letter for cca etc they have enclosed a copy off cca default notices & statement of account which seems to all be in order but i dont have a clue what to do next shall i just give the car back ask if they will take payments they wont be very much though as im unemployed ! can anybody advise please?

[BubbleCat]

Hi kezjoben,

 

Is the CCA signed by you and the company rep?

 

Did you ever receive the DN's?

 

Are the CCA and DN's clear enough to scan and post on here? If so, can you do this and MAKE SURE ALL YOUR PERSONAL DETAILS ARE covered.

 

If not, can you type on here what the CCA says, again leaving out your personal details.