Black Horse Car Finance

[SHELBELLE]

Hi all

 

Received a letter from BH (incidentally dated the day I know they had my faxed AQ) stating they have had no order from the court for them to amend POC, therefore they are not obliged to do so. They will diSclose all documents they intend to rely on within the required time scale.

 

Any thoughts.....???

 

S.B.

 

Hmmm

[AndyOrch]

Hi Shelb

 

Firstly have you requested an order?

Secondly, if so check with the Court as to why the Claimant has not been informed!! Wouldnt want them to be under informed or have they and are playing mindgames with you?

 

 

Andy

[SHELBELLE]

Hi Andy

 

Their letter refers to a particular date form my correspondence where I asked them to serve amended POC within 7 days and to attach DN etc.

 

Istated that if they failed within the time limit it would result in an application to the court.

 

They sent the documents as mentioned earlier, so no application to the court was necessary.

 

I don't really get where they are coming from????

 

Thanks

 

S.B.

[AndyOrch]

Right I see Shelb

 

In that case disregard the above.

 

Andy

Edited October 12, 2009 by Andyorch
no directions made

[SHELBELLE]

Andy

 

Ok I will sit and wait....thank you.

 

S.B.

[Guest suziedarkness]

Shellebelle,

 

I am really sorry for butting in on your thread but I would really appreciate if andyorch could take a look at my thread http://www.consumeractiongroup.co.uk/forum/legal-issues/225471-black-horse-what-next.html#post2496858 I am unable to pm him.

 

I wish you all the best with your plight, I hate BH with a vengance.

 

SD

[SHELBELLE]

Suzie

 

No problems I am sure Andy will see your message and help if he can.

 

Yes I know how you feel, but the battle must go on!!! When I get two minutes, I will have a look at your thread, I believe you are a bit further down the line than me, so I probably won't be much help to you, but I will certainly have a look.

 

 

Good luck.

 

S.B.

[SHELBELLE]

Hi all

 

An update...

 

I called the court today as I hadn't heard anything and was jsut wondering what the state of play was.

 

Was informed that SCM had sent an AQ in and now this will be referred to an order on the fastrack.

 

Apparantely it has been allocated 1/2 an hour and I will get the confirmation of this.

 

I did ask the court why I hadn't received a copy of their AQ and was informed that they don't have to send me a copy. Hmmmm so I cannot see what their line of fire is going to be????

 

Can I request it prior to a hearing?? Do I need this to help my case??

 

Also need to now get my head around the TN argument and also the unfair charges and credit figures.

 

I am just a bit concerned that I wont be prepared or understand enough!!!!

 

Thanks guys

 

S.B.

[diddydicky]

Hi Shelb

 

Firstly have you requested an order?

Secondly, if so check with the Court as to why the Claimant has not been informed!! Wouldnt want them to be under informed or have they and are playing mindgames with you?

 

 

Andy

 

if you get a minute i would appreciate your comment s on my thread

 

Nationwide- Next Step?

 

thanks

 

dick

[AndyOrch]

Hi all

 

An update...

 

I called the court today as I hadn't heard anything and was jsut wondering what the state of play was.

 

Was informed that SCM had sent an AQ in and now this will be referred to an order on the fastrack.

 

Apparantely it has been allocated 1/2 an hour and I will get the confirmation of this.

 

I did ask the court why I hadn't received a copy of their AQ and was informed that they don't have to send me a copy. Hmmmm so I cannot see what their line of fire is going to be????

 

Can I request it prior to a hearing?? Do I need this to help my case??

 

Also need to now get my head around the TN argument and also the unfair charges and credit figures.

 

I am just a bit concerned that I wont be prepared or understand enough!!!!

 

Thanks guys

 

S.B.

 

Hi Shelb

 

Ring the Claimants Sols and request a copy.

 

Andy

[SHELBELLE]

Hi Andy

 

Ok will do.

 

Thanks

 

S.B.

[SHELBELLE]

Hi guys

 

Ok BH apparently didn't keep a copy of their AQ so I have managed to obtain a copy from the court, here is what it says : ~

 

A Settlement

 

They tick the box confirming that they have explianed to their client the need to try and settle, the options available etc.

 

No 1. They tick no

No 2. & 3 N/A

 

B Location

They tick no

 

C Pre-action protocols

They tick yes

 

D Case management information

They tick no to making apllications to this claim

They tick no to using expert evidence

They tick small claims track

The reasons they state for small claims is: The defendant has not filed a valid defence, then any issues would be better dealt with at a small claims hearing.

 

E Trial or Hearing

This is left blank

 

F Proposed directions

They tick no to attaching a list of directions

 

G Costs

This is left blank

 

H Fee

They tick yes to attaching the fee

 

I Other information

They tick no to having attached documents to the questionnaire

They tick no to intending to make any applications in the immediate future

 

 

Ok so all they are stating is that my defence is not valid....need some help now on what I need to prepare for the hearing.

 

Thanks

 

S.B.

[SHELBELLE]

Bump.

[SHELBELLE]

bumping

[SHELBELLE]

Hi Andy

 

When you get a moment can you please have a look at my post no 162?

 

Many thanks

 

S.B.

[AndyOrch]

Hi Shelb

 

Ok pretty sparse AQ they have submitted, no application, no directions infact not a lot for the DJ to consider in allocation.This is quite norm in SCT cases and your case will be directed by the DJ.I assume you are referring to a CMC by way of hearing, and as such there is very little preparation involved, stick to your Defence and AQ, and argument.

See what transpires.

 

Regards

 

Andy

[SHELBELLE]

Hi Andy

 

Sorry but what is CMC?

 

So basically my defence is that they didn't submit the TN to the court?

 

 

Thanks

 

S.B.

[AndyOrch]

Hi Andy

 

Sorry but what is CMC? Case Management Conference (allocation/directions Hearing)

 

So basically my defence is that they didn't submit the TN to the court?

No they haven't disclosed the TN to enable you to verify if the account was in fact terminated legally to commence litigation from what i recall from your thread

 

 

Thanks

 

S.B.

 

 

Andy:wink:

[SHELBELLE]

Andy

 

Ok thanks.

 

That's right they didn't disclose the TN when requested via the CPR, so it's as simple as that....

 

Thanks

 

S.B.

[AndyOrch]

Andy

 

Ok thanks.

 

That's right they didn't disclose the TN when requested via the CPR, so it's as simple as that....Unfortunatley not I doubt very much a DJ would find against the Claimant for lack of compliance to a CPR request.They simply would state that it was issued (which it was as you have possession to prove this)You need to pick more holes in their claim to thwart any CCJ being issued.Penalty Charges applied.DN incorrect TN incorrect, protocol not followed, unenforceable agreement etc.

By simply submitting any Defence all that one achieves is to stop the automated process of Judgment by default,you may still get that in the end but by way of defending you are infact reducing damage limitation

 

Thanks

 

S.B.

 

Sorry if that was not was you wished to hear Shelb but lets be realistic

 

 

Regards

 

Andy

[SHELBELLE]

Hi Andy and all.

 

Received a Notice of Allocation to the Fastrack from CC yesterday. Scheduled for CMC in Feb so I have a bit of time on my side.

 

I t looks like I have my work cut out and really need to understand everything properly!!!

 

Thanks

 

S.B.

[AndyOrch]

Its in my diary Shel:D

 

 

Regards

 

Andy

[postggj]

ill drop in later

 

long thread to go over

[SHELBELLE]

Postggj

 

Thanks very much, no rush as have a while yet!!!

 

 

Cheers

 

S.B.

[SHELBELLE]

Hi Postggj

 

I know you are busy but did you get a chance to have a look at this for me yet??

 

Many thanks

 

S.B.