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    • Apologies dx100uk  I did not put the answers in red  Thank you all for your patience. H
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
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Black Horse have issued a court date for possession of my car Please HELP


Guest suziedarkness
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because no one has posted on it for the last 5374 days.

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at the bottom of one of the posts.

 

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Thnks cosalt, what does hitting the red triangle do?

 

Hi suzie, hitting the triangle alerts to a mod an important thread that needs urgent help, or one that is abusive. It obviously should not be abused but is there if you really need it.

 

I see you are getting help now ;)

 

Cosalt

Edited by cosalt
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Guest suziedarkness

no I havent. I do have one but have no way of posting on here. I can type it word for word if you like. Think they got the dates wrong. I only have a few more days to come up with a defence. Think im done for :???:

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Guest suziedarkness

ok, will start typing it, please be patient will take me a few mins as i am using one of those tiny laptops :)

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Guest suziedarkness

I haave just typed twice and lost due to loss of internet connection. Im so mad.

basically DN dated 5th Feb and they say I must remedy breach by paying arrears of £xxxxxxxxxxxxxxxxxxxxxxx BEFORE 24th Feb. Is time allowed correct due to them posting 2nd class?

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I haave just typed twice and lost due to loss of internet connection. Im so mad.

basically DN dated 5th Feb and they say I must remedy breach by paying arrears of £xxxxxxxxxxxxxxxxxxxxxxx BEFORE 24th Feb. Is time allowed correct due to them posting 2nd class?

 

Well they are out - by one day, if it was second class ( have you got the envelope?) Then date of service was 11th, so only 13 days notice :)

 

I do feel for you on this, give it til tommorrow then hopefully someone will come and help.

 

Don't panic - we will get it sorted ;)

 

Cosalt

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Guest suziedarkness

thanks for your encouragement cosalt. I hope you are right, I have to get my defence in by Tuesday and I just dont have a clue.

 

I have been phoning tradin g standards but cant get any joy there, You phone through to a central office, explain the problem and they pass it on to your local office who in turn contact you. I have phoned several times telling them how urgent it is and they promised the local branch would call me today. Did they? not a chance.

 

I am really losing heart now because I just cant get any answers.

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sorry to but in but i have a dca threatening to take me to court ,link fs, on behalf of ford credit they have been assigned they want me to hand back the car back they say they will get a repo order can they do that?

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sorry to but in but i have a dca threatening to take me to court ,link fs, on behalf of ford credit they have been assigned they want me to hand back the car back they say they will get a repo order can they do that?

 

Hi lightup, have you started your own thread ?

 

If you have paid more than a third of the total amount payable ( this figure should be shown on your agreement ) then they will have to send you a default notice ( which must be correct), terminate you for non-compliance then take you to court.

 

If you have paid less than a third then they still need to default you, terminate you but they can repo without a court order.

 

Hope this helps. Have you posted up your HP agreement, it may be flawed ?

 

Cosalt

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Guest suziedarkness

cosalt, would the fact they are wrong on the DN by 1 day make it no good?

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Hi Suzie,

 

Is it this tuesday 7th your defense needs to be in?

 

Ida x

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as you need help asap i have asked a mod to move your thread to legal issues to try and get better help for you

 

 

ida x

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ok have a look through this thread as this should help

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/159527-help-please-only-4-a.html

 

Ida x

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Suzie – I suggest you phone the court Monday and ask what happens at the hearing – this type of claim doesn’t necessarily require you to put a defence in at this stage – you may wish to do so after the hearing.

 

They will not get judgement by default if you don’t enter your defence – also the x20 defence is a good starting point if you need to put one together in a rush – if you read it, it is cleverly worded so as to ensure the claimant provides valid contracts etc…

 

I think the outcome of the hearing will indicate whether you need to defend and the judge will set out how the case will then proceed.

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Hello suzie.

 

As requested by Ida am moving your thread to the legal forum where you should get more help.

 

aa

I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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If you can suzie can you scan or post up what you have received from the court, this will allow us to see exactly what is required.

 

Ida x

 

thanks aa

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Guest suziedarkness

Hi Ida, i have no way of posting it here, no scanner or anything but if you take a look at this thread http://www.consumeractiongroup.co.uk/forum/legal-issues/168664-black-horse-car-finance.html Bubble Cat received one from Black Horse exactly the same although dates etc are different obviously. Look at post #10 where Surfaceagent says what type of claim it is and Bubblecat replies by typing it out exactly. this might help.

 

suzie x

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Looking at the other threads, some form of defence had to be entered.

 

because of the various thread etc my head is spinning and maybe we could re clarify a few things at this stage.

 

1. DId you receive a defult notice?

if yes can you confirm the date of the DN and the date it stated you had to rectify things?

 

2. How far into the HP are you?

 

3. is there late payment and admin fees added?

 

Ida x

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also,

 

I know you started these threads cause you wanted to VT but they wanted more money then later in threads you want to keep the car.

 

when did you stop making payments and what do you want now to acheive?

 

ida x

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