Black Horse Car Finance

[SHELBELLE]

13 full payments, but some other token payments, will this help, attached???

BH statement pg1.PDF

BH statement pg2.PDF

[postggj]

On The Claim

Whats The Total They Are Claiming And Have They Given You A Break Down

[SHELBELLE]

The total claim is £5,666.68, but on the POC they restrict it to £5,535.09.

 

The POC shows the following breakdown: ~

 

Total price of goods £18,443.80

 

Paid up Sum £3,907.30

 

Amount being claimed being arrears at termination £1,148.92

 

Further claim being the total amount required

to make further payments up to one half of the total price £4,165.68

 

Accrued Late Payment Interest and Fees £352.08

 

Total = £5,666.68

 

Thanks

 

S.B.

 

The Claimant restricts it's claim to the sum of £5,535.09

[SHELBELLE]

Catch up tomorrow Post if you don't mind.

 

 

Thanks

 

S.B.

[SHELBELLE]

Hi Post

 

Any more thoughts for me yet??

 

Thanks

 

S.B.

[SHELBELLE]

Sorry Post

 

Was wondering if the claim figures threw anything else up or any ideas about re submitting/amending my defence?

 

Need to get cracking on it.

 

Thanks

 

S.B.

[SHELBELLE]

Postggj et all

 

Ok, an update, I am getting rather anxious so I phoned the court today about additional information for my defence (obviously I need further clarification from here) and was told that because it is only the CMC I can ask the Judge to allow me to submit any further documents or information that may help my case.

 

He/She will then make the decision and then this information will hopefully be used for the final hearing.

 

So I need to get my finger out with the invalid DN, incorrect APR and anything else that looks incorrect.

 

I would really appreciate some further help with what direction to take in preparation for my CMC.

 

Thanks very much

 

S.B.

[postggj]

I Take It Thats A Claims Management Conference

 

When Is It

Has It Been Decided Yet

[SHELBELLE]

Hi Post

 

Yes a Claims Management Conference, 2 weeks time.

 

Thanks

 

S.B.

[postggj]

Ill Get Cracking

 

As Long As We Send The Paperwork To The Judge Seven Days Before The Hearing To Consider

 

We Will Be Fine

[SHELBELLE]

Marvellous.

 

That is 7 days before final hearing and not CMC isn't it?

 

Great stuff, I look forward to your kind help and knowledge, let me know if you require anything else.

 

Thank you

 

S.B.

[postggj]

We Need To Get It To The Judge For Case Management

[SHELBELLE]

Sorry I am confused, the lady at the court said just do it at CMC, are you saying we need to get it there before CMC??:confused:

[SHELBELLE]

Postggj

 

Please let me know when you have a bit of time for this, need to get moving.

 

hope you don't mind.

 

 

S.B.

[postggj]

the judge will want to see it and go over it before case management hearing

 

send it recorded delivery to the court and keep a copy

 

take your copy aso to the case management and do another copy for the so;s

[SHELBELLE]

Post

 

Thanks, but I haven't prepared anything to send as yet, you posted that you was going to get cracking on something, but I hadn't received an update.

 

I was waiting to see what your thoughts on the claim figures was.

 

I can prepare something but haven't a clue what to prepare, need some guidance please.

 

Thanks

 

S.B.

[SHELBELLE]

Postggj et all

 

Ok I am trying to gather some help from CAG, have been reading most of the day, but I still have some questions

 

 

1) My submitted defence needs amending before my CMC in 2 weeks time, I am aware that I need to send something to the Judge prior to the CMC but am unaware if there is a standard court form or do I just write in??

 

2) I believe that I am defending due to an invalid DN which was then terminated and also there are descrepancies with the APR calculations, are there any links on here how I word these faults in a proper defence form??

 

3) Creditor is claiming arrears, late payment charges and sum required to make up to 1/2 regulated agreement total, I cannot see where in the agreement it states that this is one of the terms & conditions, so how would I also include this in my amended defence??

 

Sorry guys so many questions, but I need to know how to proceed ASAP.

 

 

Thanks in advance

 

S.B.

[postggj]

right so we need to ammend your defence

 

ill do an amended defence for you to send case management and court

[SHELBELLE]

Post

 

Ok I look forward to it, thank a million.

 

Sorry to be a pain, I am a very lost with all of this at the moment.

 

Just a thought my previous defence was no TN provided in the documents sent to the court, although I do have an earlier copy, thats what route I was going down before, so maybe we need to consider this in the amended defence??

 

I will wait for your next post.

 

Cheers

 

S.B.

[SHELBELLE]

Hi Postggj

 

Any luck with the amended defence yet?

 

I need to get it in to court at some time this week.

 

Thanks

 

 

S.B.

[SHELBELLE]

Hi Postggj and all

 

I am struggling to find any links on how to amend my defence, can anyone point me in the right direction please??

 

I am running out of time:(

 

Thanks

 

S.B.

[SHELBELLE]

Hi again guys

 

Really getting desparate on how I send in an amended defence........HELP!!!! CMC looming.

 

Advice greatly appreciated.

 

S.B.

[AndyOrch]

Hi Shel

 

The only way you can submit an amended Defence is via the N244 Application Notice (£75.00 with Hearing).If you could reiterate why you are amending your initial defence and what circumstances give rise to said action?

 

 

 

Regards

 

Andy

[SHELBELLE]

Hi Andy

 

Thanks for looking in again.

 

Ok if you remember initially we submitted a defence on the basis that BH didn't submit the TN to the court. (although I had received one prior to that)

 

I have been informed by a fellow Cagger that the APR is very slightly incorrect and the DN is one day out. Also I cannot locate on the agreement where it states they are entitled to claim up to half of the regulated agreement after termination.

 

So your thoughts on this would be apppreciated as I did call the court and was told to ask the Judge at the CMC to submit anything else.

 

I believe that I may have to submit prior to the CMC, but have had conflicting evidence from the court????

 

I am again at a loss at what I should do and wonder if I am indeed clutching at straws.

 

CMC next week !!!!

 

As always advice much appreciated and needed.

 

Cheers

 

S.B.

[AndyOrch]

Ok attend the CMC and let the DJ direct you.You will get a feel of how its going or not as may be the case subject to who you get on the day.

Taking into the account the points you have raised above put the Claimant to strict proof that a the DN is valid and that a valid TN can be reproduced (dont mention yours)

I would also ask clarification on the agreement and where it states what they are entitled to claim on default (thats if they have defaulted you correctly and terminated the account prior to Litigation.)

Surmising that they do have a legible valid agreement to allow the above

 

Regards

 

Andy