Blackhorse/MFI claimform help - *discontinued**

[johno23]

cheers Mould

 

Products bought through MFI.

 

Earlier post 6 tried to explain my dispute, hope you are able to understand it

 

Many thanks

 

Johno

[johno23]

I agree should only have to pay for the goods delivered, i have done that bar owe them £300-£500.

 

I now have a default and they wanted me to continue paying them £150 a month for over a year whilst this has been going on.

 

i would of paid the balance off and struggled to see any of my money again, not got court papers, so annoying, but will defo fight this one all the way.

 

Just need a bot of help, as really in my depth now!!

[The Mould]

The gist of this mess is as follows:-

 

 

10th November 2009

 

Agreement No:- ?????????

 

 

I am writing to you regarding my dispute on the above agreement number.

 

On the 14th May 2008, I entered the MFI store in Lancaster and ordered a kitchen and two bathrooms for £8300.

 

Ensuite:- £1405.00

Bathroom:- £1200.00

Kitchen:- £5695.00

 

On the 19th August 08 I made a payment of £1300 and on the 6th October 08 I made a payment of £737.85 to MFI Furntiure Centre Lancaster (HSBC statements enclosed) and also £262.15 cash payment (cannot find receipt)

 

Credit Agreement signed on the 6th september 10.

 

I received delivery of the bathroom and ensuite but the kitchen failed to be delivered, due to MFI going in to administration.

 

£8300 - £5695.00 (kitchen not delivered) = £2605

 

Payments made £1300 + £737.85 = £2037.85

 

£2605-£2037.85 = £562.15

 

I believe as MFI have gone in to administration I am not liable to pay for the insurance for the bathrooms £133.09 + £145.60 = £278.69.

 

£562.15 - £278.69 = 283.46 owed to Blackhorse.

 

Ok, johno,

 

Where has the figure claimed by Blackhorse come from, the £3,000.00?

 

It does say £3k at the beginning of your post doesn't it or are my eyes seeing things. (I have been up all night).

 

I am a bit slow on typing and we crossed paths, sorry about that.

 

Kind Regards

 

The Mould

[johno23]

They are claiming £2605 that are owed the same total as for the bathrooms that were delivered the rest is fees and court costs, now totalling £2965

 

Many Thanks

 

Johno

[The Mould]

They are going to have to give the break down of this claim amount, the POC'S are lacking in detail.

 

The Mould

[johno23]

How do i go about this!

[The Mould]

You have practically paid what was owed, you cannot possibly owe nearly another £3k, I don't see how they can justify their claim, against what you have paid for the goods that were delivered. This figure seems to come out of no where.

 

The Mould

[johno23]

Blackhorse want me to cliam the amount I have paid to MFI through a credit card dispiute then pay them directly.

 

Maybe because MFI have gone in to adminstration and they are trying to get their money back.

 

I feel really angry and frustrated at having to defend it, they are just trying to scare people in to court so that they might not defend the claim, due to not knowing what to do, like me.

[The Mould]

You need to make the CPR request for the doc's that their claim relies on, state to them that there is no list of doc's with their POC'S, so ask them to provide/disclose these doc's.

 

They will need to provide list of documents to the court, and present any such doc's when pleading their claim in court, they cannot succeed without any evidence.

 

The Mould

[johno23]

Cheers for your help it makes me feel a lot better knowing someone agrees with me, and i am not going mad.

 

How do i go about my defence, do i dispute the whole claim or just part of the claim. i admit I do owe them a few hundred, only because i cannot prove the cash payment I made.

 

How do you write your defence

[johno23]

So lost sorry

 

Is their a template letter and what docs do i need to ask for.

 

How do i respond to court now, and about i require further evidence.

 

What happens if they have not replied before 28 days is up, how do i inform the court then.

 

Many thanks

[The Mould]

OK, another way is, as you know the exact amount that you owe, you could send Blackhorse a third party cheque for £283.46 stating that this is offered in Full and Final Settlement of the account and without any admission of liability to the amount claimed, please confirm by return that you can accept this amount as settlement to the account and that no further amounts or monies will be required in relation to the account or the amount claimed, and that the account will be settled, closed and cancelled and the balance put to £0 and that you agree to withdraw your court claim, furthermore, if you are willing to accept this settlement payment in relation to all and any matters regarding our relationship, then I respectfully ask you to make an entry on my credit files showing the termination/cancellation of the account as- settled and balance £0.

 

If you are unable or unwilling to accept the settlement cheque enclosed/attatched to this letter of Full and Final Settlement by the terms the said cheque payment is tendered by, then I respectfully ask you to return the said cheque settlement payment to me within seven (7) days from receipt.

 

I must advise that should you find this offer of settlement to the account unacceptable, then I will vigorously defend against the claim and prove with documentary evidence that I do not owe the amount your claim alledges is legally owed by me.

 

I would like to express my gratitude to you in advance for your kind consideration and urgent attention to this communication and I would like to add that that I am sure that you will agree that this wouuld seem to be the best solution in ensuring a satisfactory resolution to this dispute between us.

 

I shall look forward in anticipation of your swift response.

 

Yours Sincerely

 

 

Mr johno

 

Well johno, what do you think?

 

Kind Regards

 

The Mould

[johno23]

sounds good, dont have the money until the end of the month, so should i send the letter and say i will pay within 14days of receipt of acceptance.

 

and who would be the third paty - family member

 

Thanks

[johno23]

think I will borrow the money, does this mean that the default will also get taken off my file.

[The Mould]

sounds good, dont have the money until the end of the month, so should i send the letter and say i will pay within 14days are receipt of acceptance.

 

Many Thanks

 

 

Yes good idea, make sure your offer clearly states ' without any addmission of liability to the amount claimed'.

 

Still send acknowledgement to the court, you do not need to file a full response/defence just yet.

 

Is there anyway that you can make sure that if the offer is accepted then the cheque is from a third party- this is important.

 

You should maybe make telephone contact with them first, see what they say, but if they agree over the phone, don't send any payment until you have their agreement in writing, if they are awkward over the phone then send your offer letter anyway, this will help you if you still need to go to court, as you will be able to show the court that you made an effort to resolve this matter.

 

Depending on the phone contact, if it seems negative, then send the offer and send the CPR request, you need them to tell you what doc's the are going to present in court, because at the moment that have not listed the doc's, they are trying to frustrate you and the proceedings.

 

You are right, they are hoping/relying on you not defending, if you do not defend they will get the judgment against you with very little effort or evidence required.

 

Well, come back to me, and let me know about the third party cheque, what about a friend or relative, can they help you out now, then you pay them back at the end of the month?

 

Kind Regards

 

The Mould

[The Mould]

I am useless at typing johno, turtle power only, third party can be anyone, friend, uncle, aunty, nephew, local shopkeeper etc.

 

I am not sure about the default, if it was legal then default would remain.

 

The Mould

[johno23]

yes will get letter sent off Monday and will see their response.

 

should I wait 7 days and see my response.

 

Will i be defending the whole claim or part of it

 

Can you show me the way to a CPR template and what should be included in this

 

Thanks

 

Johno

[johno23]

Thanks for all your help Mould

 

One last question, I am disputing the value of £278.69 if you noticed on my previous post 6.

 

As this was due to insurance on the products purchased through MFI, but i believe I should not have to now pay this as MFI have gone in to administration, so now have no cover. Also I was given no choice not to purchase this.

 

so that is the reason for only owing £283.46

Does this seem ok

[The Mould]

yes will get letter sent off Monday and will see their response.

 

should I wait 7 days and see my response.

If enclosing the third party cheque in the offer letter, then wait for the response.

Will i be defending the whole claim or part of it

You will be admitting to part of the claim.

Can you show me the way to a CPR template and what should be included in this

I will in a short while, I need to have a cup of tea, I hope you don't mind.

Thanks

 

Johno

 

Kind Regards

The Mould

[The Mould]

Thanks for all your help Mould

 

One last question, I am disputing the value of £278.69 if you noticed on my previous post 6.

 

As this was due to insurance on the products purchased through MFI, but i believe I should not have to now pay this as MFI have gone in to administration, so now have no cover. Also I was given no choice not to purchase this.

Yes no cover, so why should you pay, what do you mean no choice but to purchase this, that does not seem fair.

so that is the reason for only owing £283.46

Does this seem ok

 

Kind Regards

The Mould

PS. I am going for a cup of tea and outside for a smoke, be back in about 15 mins.

[The Mould]

OK johno,

 

As far as CPR request is concrerned, you will find a good example on 'Wish me well's' thread in this legal issues forum titled 'Halifax taking me to court', It's on about page 8 I think, I cannot remenber to be honest.

 

Anyway, as far as your request goes, you are asking for disclosure of all of the documents relating to their claim, including a full break down of calculations as to how the claim amount figure has come about. i.e. rate of fees and how incurred and costs and how incurred, and the original alledged amount of monies owed.

 

Your letter does not need to be legalistically worded, but obviously quote the CPR rule for disclosure.

 

You could state to them that you find their POC'S are not compliant with the Practice Direction CPR 16. or 16.1, have a look at those rules, when you get the time, in particular the Pre-Action Conduct Practice Direction.

 

State to them that your request is fully compliant with Pre-Action Conduct Practice Direction.

 

Did they ever send you a 'Letter before action' or did they ever intimate to you that they are going to or may start legal proceedings against you in the county court?

 

OK, johno, get back to me.

 

Kind Regards

 

The Mould

[The Mould]

OK johno,

 

The CPR request example is on page 12 of 'Wish me well's' thread, Halifax taking me to court.

 

Kind Regards

 

The Mould

[johno23]

No Letter Before action letter.

 

Just notified me that they have passed it to the claims department to see if they will take legal procedings.

 

Many Thanks again for your help.

 

Will let you know later in the week, and any further help i require

 

Many thanks again!

[johno23]

Do I send the payment & CPR letter to Blackhorse or the solicitors of Blackhorse listed on the court papers

 

many Thanks

[The Mould]

Do I send the payment & CPR letter to Blackhorse or the solicitors of Blackhorse listed on the court papers

Solicitors listed on court papers.

many Thanks

 

Good luck johno, please up-date when you get a response.

Kind Regards

The Mould