Honda Finance

[cheekone]

firstly it was a very basic defence and i wasn't very well, and when I asked the judge if the claiments representives where them lovely people from surrey he confirmed they where , no notice of assignment was ever recieved , the default notice is incorrect , the termination, note is incorrect, the agreement isn't dated, the documentation isn't the original agreement or terms and condtions, the amount of credit is incorrect

 

They did agree to setaside, so can I just make a claim directly against the claiment ?

 

And the judge agreed i had paid over 40k

Edited February 15, 2013 by cheekone
more detail

[postggj]

It is a bit late to be thinking about amending your defence if the judge has already seen this, what stage of the proceedings are you at, have you done the AQ stage

[cheekone]

wonkey, I do agree with what your saying , but I was very ill at the time of doing the defence , i was suffering from mental health issues and have been under doctors and specialists since august 2010, which is why i failed to put a lot of detail into it.

 

AQ stage ?

[postggj]

ALLOCATION QUESTIONNAIRE

 

You mention the judge has seen this defence and commented on it

 

what stage are you at with the court routine reference the claim

[cheekone]

no the judge commented on how much I had paid , which he agreed with and that the claiments representives where from them lovely people based in surrey, with no notice of assignment has ever been recieved from the original creditor to give them the right to make a legal claim .

Edited February 16, 2013 by cheekone
more detail

[postggj]

i am sorry but i need a bit of clarity, the steps normally are

 

1/ the claimant submits a claim

2/ the respondent either admits or defends the claim

3/ if the claim is defended, the respondent submits a defence

4/ the claimant then decides if he wants to go ahead with the claim and submits a counter to your defence/witness statement

5/ the court send out allocation questionnaire for case management, what track is either small claims or fast track

6/ its now all parties go in front of a judge to see how the case proceeds and the judge gives directions such as a trial date, when documents have to be served on each party, etc

7/ the claimant and respondent then exchange court bundle, that's every thing that is to be used at the trial

 

where in the above did you manage to speak to a judge who commented on how much you had paid

[citizenB]

firstly it was a very basic defence and i wasn't very well, and when I asked the judge if the claiments representives where them lovely people from surrey he confirmed they where , no notice of assignment was ever recieved , the default notice is incorrect , the termination, note is incorrect, the agreement isn't dated, the documentation isn't the original agreement or terms and condtions, the amount of credit is incorrect

 

They did agree to setaside, so can I just make a claim directly against the claiment ?

 

And the judge agreed i had paid over 40k

 

 

Ok, from what you say above this has now been "set aside". This generally happens with Stat Demands -

 

Was this a proper claim issued out of Northampton.

 

If there is to be another hearing then you will be able to expand in your Witness statement - have you received an Allocation questionairre.

 

What is very confusing is the lack of information.

 

You ask if you are able to amend your defence - but then mention speaking with the Judge. If there has already been a hearing and likely to be a further one, then you will be or should already have been instructed to either submit a fully particularised defence or a date given to submit Witness statements.

 

You really are going to have to let us know.. what has happened to date. What stage you are at with things.

[cheekone]

hi squaddie,

 

the claiment failed to follow the preaction protocols

 

 

I only recieved the claim form, i never recieved any QA, I defended the claim originaly , and the submitted cpr18 request, which the lovely people from surrey replied to a month after sending it to them the documents they returned where not the original agreement , and have been edited, and their was no notice of asignment, and the judge enforced the agreement even though it was not signed by the hirer /creditor

 

The documentation they returned never had customer copy or finance house copy

 

The claiments representitives claimed that a witness signature to documents was the signature of the hirer/creditor, and its not dated. and the judge enforced the agreement on august the 29th 2009.

 

so do i ask the court for a copy of my defence to amend it, or make a claim ?

 

I then made a complaint to the financial ombusdman in september 2009, and they made the claiment make a full response in which they lied, they claimed £xxxxx was owed and that a pre greement wasn't a legal requirement when it was

.

My solicitors made a sars request , and it shows that a pre agrement was required as the sale had been made with faxes , and the sales invoice shows that a £504 delivery charge has been included in the amount of credit

 

 

got my self some really good solicitors , in november 2009, and it went back to court, unfortunatley, i gave my consent to the claim as I was so ill, suffering from malutrition, and severe depression, and have doctors letters to support this

 

I made a application to setaside in september 2010, and a hearing was set for febuary 2011, and their was no show by the claiment and their representives, and the judge asked me to make a defence statment

 

I went to the claiments address , in 2010, showed them some of the evidence , not all then recieved a statuory demand

 

I done as asked by the judge but the claiment didn't follow the judges order, and got a hearing date for july 2011

 

It was at this hearing that the judge agreed that the total amount paid was £42000, and the total amount that should of been paid was £23067 and the claiments solicitors where bryan carter , and not mclurenaismith

 

The judge also said I had moved when I hadn't, and when I told him that, he told their representive he was having servere concerns about the amount paid , and the enforabilty of the agreement

 

The judge a;lso told me he needed more information before he could make a decsion

 

The judge also told their representive that i wasn't well too and i also told the judge that i had also been harrased taking someone to court for money not owed twice to me is harrasment ?

 

carter had already taken me to court twice , and discontinued with the help of this site

 

or i suppose the next best thing is to make a complaint to the police for fraud ?

 

The consumer credit license wasn't held by the claiment is was held by a dark coloured horse , and they haven't signed their copy either, as already stated the total amount of credit is incorrect, the amount to terminate the agreement is incorrect, and to put things simply they have added they have included the deposit which had already been paid in the total amount payable , so add £18000, onto £23067 = 41067+ the difference they sold the car for which is another £2500, and the sale of my personal number plate its near on £50000 ive been done for ?

 

The claim was issued out of Uxbridge County court , their is no new hearing, and the claiment hasn't done anything either so do i make a claim, or amend my defence and make a counter claim ?

 

What to put into a defence, when the cash price of goods is wrong , the amount of credit is and total amount payable is wrong, to make a counter claim

[AndyOrch]

I would start from the beginning cheekone..... the above makes absolutely no sense.

 

Regards

 

Andy

[cheekone]

right , this is going back to 2009, I brought a car, and got took to court, the cash price of the car is incorrect, of amount of credit is wrong , the , total amount is payable is wrong, the agreement also shows, that I paid a cash deposit, when I part exchanged and the sales invoice shows this

 

I got the judgement set-aside in 2011, and been really ill since the court enforced the agreement

[AndyOrch]

So it was set a side in 2011 and you are now submitting a defence?

[cheekone]

yes andy I am, sending sars tomorrow, as original creditor has all the paperwork, and going to the court tomorrow, for original paperwork

Edited August 21, 2013 by cheekone
more info

[AndyOrch]

Wow the court has allowed a 2 year gap?

[cheekone]

no andy they haven't , I got to ask permission of the court to amend my defence , and I thought I had six years or am I wrong ?

Edited August 21, 2013 by cheekone

[Ganymede]

 

I got the judgement set-aside in 2011, and been really ill since the court enforced the agreement

 

 

Hi,

 

Can you explain this a bit more please. Is there now judgment against you? If not what do you mean "court enforced the agreement"?

[cheekone]

good morning ganymead

 

I got took to court in 2009, and I was prevented from entering a defence, even after I requested docs, by cpr 18, I got the documents well past the 21 days for entering a defence.

 

The docs where not the originals, and the amount claimed was wrong, had some really good solicitors, who tried to help me, but by the time it got to court, I was suffering from b12 defciency , depression anxiety, and still not very well now

 

Had another hearing in 2010, and the Judge tried to help me unfortunately by the time it got to court, I had had problems remembering things and was totally exhausted, I just couldn't keep up. So very stupidly I consented

 

been under various specialist for the last 3 years , neuroligists, psyciatrists

The claimants' claimed the total amount payable was 340000 it the actually amount payable was £24000

 

the amount of credit is £500 more than it should be , the apr is incorrect

 

the cca returned , where not the originals

 

I managed to get Judgement setaside in July 2011

[citizenB]

Ok, so you had a set aside in 2011. Has the company now reissued their claim ?

[cheekone]

nope they haven't , but they have had 40 k out of me , I been charged the deposit twice

[citizenB]

Ah right, so is it your intention to issue a claim against the company in order to get your money back, yes ?

 

Sorry to ask so many questions, this is just to clarify the situation

[cheekone]

I didn't think I could issue a claim , as their current claim is still live ? but if I can yes

 

I thought I had to amend my witness statement , to make a counter claim

Edited August 22, 2013 by cheekone
more info

[AndyOrch]

You need to start a separate action and issue your own proceedings cheek......not an amended defence nor a counter claim.

 

Regards

 

Andy

[Ganymede]

good morning ganymead

 

I got took to court in 2009, and I was prevented from entering a defence, even after I requested docs, by cpr 18, I got the documents well past the 21 days for entering a defence.

 

The docs where not the originals, and the amount claimed was wrong, had some really good solicitors, who tried to help me, but by the time it got to court, I was suffering from b12 defciency , depression anxiety, and still not very well now

 

Had another hearing in 2010, and the Judge tried to help me unfortunately by the time it got to court, I had had problems remembering things and was totally exhausted, I just couldn't keep up. So very stupidly I consented

 

been under various specialist for the last 3 years , neuroligists, psyciatrists

The claimants' claimed the total amount payable was 340000 it the actually amount payable was £24000

 

the amount of credit is £500 more than it should be , the apr is incorrect

 

the cca returned , where not the originals

 

I managed to get Judgement setaside in July 2011

 

 

Thanks.

 

So what happened to the claim in the last two years? Is it still "live"?

[cheekone]

apart from me going up and down to the the doctors and hospital nothing

 

Thanks everyone

 

Just one more thing , should the original creditor Blackhorse of sent me a notice of assignment when the agreement was transferred to the new owner Honda , under the 1925 property act ?

[cheekone]

recently when to a set-aside hearing, when explaining to a judge, that the claim I received , was from some other bunch of solicitors, and it was Bryan Carter who had showed up at the hearings making the claim and told the Judge , they had no legal reason to be their, he agreed and told me I needed A solicitor ?

[BRIGADIER2JCS]

I agree with the judge, the solicitors have not been properly substituted and you were not informed of the change Carter should have nothing to do with your case.