Black horse court claim

[jj69]

Just got a claim form from Northampton (so usual bulk processing nonsense) for a joint personal loan.

Have made smaller contractual payments for the last eight months but just got a SAR from them and there are charges going back to 2007

 

Just a couple of questions -

 

Do I send a cpr 31.14 request to Black Horse or to the address which is different on the form for all docs and payments Sechiara clark & mitchell based in Barnet ?

 

Also I have two forms from the court one for myself and one for my ex wife.On MCOL Claim form ref no is same for both docs but passwords are different.

I take it this should be treated as two claims so both claims will need to be defended or she will get a CCJ if she does not file a defence ?

[diamondgirl]

I may be mistaken and I'm sure somewill tell me if so but the answers to your questions is Yes and Yes.

 

DG

[jj69]

I may be mistaken and I'm sure somewill tell me if so but the answers to your questions is Yes and Yes.

 

DG

 

 

Hi Diamondgirl...

 

I thought yes and yes as well..just looking for clarification

[jj69]

Hi I need a little assistance to submit a holding defence before the 12th August.

Basically it is regarding a CPR31.14 request not being recieved from the claimant.

Does anybody have a template that I can put online which states I am unable to defend due to lack of documentation ?

[supasta1]

IN THE (NAME) COUNTY COURT Case No

BETWEEN:

 

 

 

Give Claimant's Name (Claimant)

 

and

 

 

 

You - Give Name (Defendant)

 

 

 

 

DEFENCE

 

 

1 The Defendant denies that the Claimant is entitled to any of the relief claimed or at all.

 

2 For want of any or any adequate particularity apertaining to the allegations concerning the agreement, the Defendant's default and its termination, the Defendant is embarrassed and unable to further plead to the Particulars of Claim.

 

I, believe the above statement to be true and factual

 

DATED:

 

SIGNED:

This is one that i used..... not sure how helpful it will be for you!! compliments to DocH!!

[jj69]

Just a quick overview of the case against Blackhorse over the last 2-3months.

 

got court papers

put in a defence

they sent supposed flakey docs,

I submitted my AQ

they did not

then their solicitors sent the court a letter and myself saying they wish to discontinue and to vacate the hearing date

( who knows why ? but great win for me)

 

I spoke to one of their muppets this week who agreed to leave me on reducued payments of £40 for the forseeable future.

 

 

In the post I have recieved a default notice for arrears (£2000) with sums owing and full outstanding amount of £8000.

 

Also got another letter directly after telling me £40 payment plan was confirmed and accepted.

 

My question is

could this be a trick from Blackhorse to reapply to court for another hearing but this time have a valid DN ?

 

I know they they need new evidence to reapply for the case and surely this DN should have been submitted in the first instance.

 

Has anybody had a similar situation or is this BH being retards again.

 

Also any pointers to template where I can reclaim my payment protection would be grateful.

[mkb]

Hi jj

 

Alanalana has written a comprehensive post including links to reclaiming here

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/135060-mis-sold-ppi-want.html

 

Good luck with it - when I tried re-claiming mine from them, they slapped a court claim in rather than pay out

 

Thread here if you can help???? http://www.consumeractiongroup.co.uk/forum/legal-issues/211299-black-horse-loan-ppi.html

[jj69]

Hi jj

 

Alanalana has written a comprehensive post including links to reclaiming here

 

http://www.consumeractiongroup.co.uk/forum/payment-protection-insurance-ppi/135060-mis-sold-ppi-want.html

 

Good luck with it - when I tried re-claiming mine from them, they slapped a court claim in rather than pay out

 

Thread here if you can help???? http://www.consumeractiongroup.co.uk/forum/legal-issues/211299-black-horse-loan-ppi.html

 

 

Hi MKB...thanks for the link..just been to court with these jokers but they backed down last minute and discontinued

[jj69]

Any advice for the following potential court case would be helpful.

 

After Black Horse discontinued some months ago they have been sending me late payment letters then a default notice (again).

Today got court papers from Northampton with a POC for outstanding payment of £12500.

Should I go down the route of faulty DN from last attempt at court or get my docs via cpr which are full of charges.

Black Horse have refused to stop charges,interest so despite me paying ,it counteracts because the charges are more than then what I have paid hence the balnace they are claiming for is incorrect.

[jj69]

I may have an ace up my sleeve here..they have sent me two DN's dated 13th May but with two differnet amounts of default..could this work in court ?

[jj69]

Anybody available for advice on defending this at court ?

 

I have two DN's both dated 13th April one stating default sums as £2000 the other as default of £9000

 

This case was struck out in Sep 2009 when BH tried to go for the same claim ( I have the courts letter regarding this)

 

A SAR revelaled various charges and interest on this account which are still being added this month..so even though I am paying a reduced amount each month if I miss the payment by a week they still charge £30..

 

So do I go down the route that the case has already been to court and BH are abusing the court process or go for the faulty DN and charges ?

 

Have requested CPR etc but so far got nothing and will need to submit an embarresed defence on the 11th April which is the cutoff date..

[Ruprecht]

I presume you mean 11th June and not 11th April as the cutoff date?

 

I also presume their actions could be seen as discontinuing the claim in the previous claim.

 

If that is the case they NEED the court's permission to make another claim. If they don't have such permission they cannot make the claim!

 

You might want to go with this CPR as your first hit of the ball: (Say abuse of process over and over!)

 

Discontinuance and subsequent proceedings

 

CPR 38.7

 

A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –

(a) he discontinued the claim after the defendant filed a defence; and

 

(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

[jj69]

Excellent been having a quick read on the forums and this looks like a good starter..anybody have a link to a draft document at all..can't seem to find one by general searching

[jj69]

Ok could somebody take a quick look at the very rough draft copy of my defence to be submitted online..

Is it too much quoting the CPR lines at the beginning ?

CPR3.8 - draft 1.doc

[jj69]

I currently have a Black Horse joint personal loan with arrears of about £2k.

PPI on here is £2263 + charge of credit £1100

Currently a court claim in from Black Horse stating they require £12k to be paid back with arrears showing as £2k.

 

I claimed for the full amount of £3363...got a letter today stating it was not missold but as a gesture of goodwill (these banks are so nice with their goodwill ) they will refund but payoff the arrears with that amount.

 

This sounds to me like they know it was missold and are running scared.

I am going to call them today but there are no figures on the letter so :

 

Can they remove the arreas as part of PPI refund ?

Am I entitled to claim the charge part the PPI ( I have done anyway)

Any remainder left can it be payed into the bank account of my choice ?