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    • have you proved at what house was it left outside of & stolen from ...yours or the neighbours? the fact it was for a warranty return means nothing. neither does it that the repairer/retailer have special instructions with DPD for them not to leave a parcel outside unless specified by a customer ..you might have overruled them with your instructions on the DPD website, you stated, neighbour/safe space?? if it was left outside your door, which you appear to indicate RE: i can't see you winning this...you created your own problem with what you put on the DPD website?    
    • oh well i wonder what new fake documents they have made up then...for them to try this.... just to check nothing funky like Link have filed an n244 to lift the stay and strike out her defence....she hasnt moved since last court comms has she?   is this an n24? bit unusual for a 13mts stay to just be lifted... has she not received anything from link/kearns in the last fw weeks like a docs bundle? bit like this thread... https://www.consumeractiongroup.co.uk/topic/466576-lc-assetlinkkearns-claim-form-2-mbna-cc/?do=findComment&comment=5256397  
    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
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Blackhorse/MFI claimform help - *discontinued**


johno23
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Thanks mould for all your help on this thread.

 

Just sent two letters off recorded delivery, one offering a F&F offer and another CPR letter, highlighting information I require to be able to defend my case in court.

 

Will post up at a later date as do not want prying eyes to see my posts.

 

Hopefully will have more info within the next 7-10 days.

 

Many thanks

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Just checked royal mail recorded delivery and CPR letter and full and final offer was received today thursday. So seven days and counting.

need to acknowledge court claim by ten days.

 

Perfect johno, now, a waiting game.

 

Well, when they respond, please up-date and we can see what needs to be done next....depending on their response of course.

 

catch up later next week.

 

Kind Regards

 

The Mould

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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. Hello johno, what about this insurance, do you mean, if you did not accept this insurance, then no credit, no agreement?

 

so that is the reason for only owing £283.46

Does this seem ok

 

I am just having a brief look through your thread again, what about that agreement, was it properly executed?

Well, we shall wait and see, I have sent you a pm.

Kind Regards

The Mould

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Full and final cheque was cashed today.

hope thats the end of it

 

Hello johno,

 

johno, I just need to go through the alphabet, bear with me for a moment,

 

abcdefghijklmnopqrstuvwxyz, That's what I was looking for johno,

 

V, V STANDS FOR VICTORY.

 

And the victory is all yours johno, it is over, Black Horse have given a statement by their actions and it reads as 'A clear and unequivocal acceptance'.

 

Black Horse used magic in their claim, that figure of £3k was plucked out of nowhere, magic is just a trick, a gimmic, the everlasting and indestructable power of the truth has put paid to their magic.

 

So johno, today that load upon your back, should feel a little lighter.

 

Well johno, if you ever need any help in the future, and you think I might be able to help you, then do not hesitate to let me know.

 

Edward Woodward, the equalizer.

 

Kind Regards

 

The Mould

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Ok here are the letters I sent to the court claim solicitors which were delivered recorded delivery on 15th April 10.

 

letter 1

 

I am writing to you with regards to settling the account with Blackhorse without the need for court action.

The following payments were made to MFI for the products purchased 19th August 2008 for £1300 & 6th October 2008 for £737.85, evidence of bank statements have previously been provided to Blackhorse.

The Credit Agreement was conducted on the 17th September 2008, as I was informed that the kitchen could not be delivered until the bathroom had been paid for.

I made a payment of £567.15 in cash, but believe I will struggle to provide evidence regarding this, due to no receipt.

However an insurance payment for £278.69 was made and this is no longer effective as MFI went in to administration.

I am offering £288.46 as a FULL & 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/attached to this letter of FULL & 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 alleged 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 would 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 faithfully

 

 

Letter 2

 

CPR 31.14 Request

 

On 9th April 2010 I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest part of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents which should have been attached to your Particulars of Claim according to CPR PD 16 paragraph 7.3,: Furthermore, I, the Defendant seeks the same pursuant to CPR 18.

 

(1) The agreement.

 

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 paragraph 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

 

2 The default notice.

3) Full Breakdown of account. (Sales Invoices required)

A full break down of calculations including all products and prices of items purchased in the sales invoice, as to how the claim amount figure has come about, including rate of fees and how incurred and costs and how incurred, and the original alleged amount of monies owed.

4) Termination notice

5) And any other documents you tend to rely on in Court

 

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

I look forward to hearing from you.

 

Yours faithfully

 

I enclosed a cheque from a third party and today the cheque was cashed.

I have acknowledged my court claim as will defend in full and will wait for the next response.

Many Many thanks Mould, could not thank you enough for all your help!

Feel really joyful today may even have a beer.

Johno

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Hi all

 

Still received no contact from Blackhorse or their solicitors and contacted the court and the case at present is still live.

 

Will post again Monday

 

Johno

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Hi all

 

Still received no contact from Blackhorse or their solicitors and contacted the court and the case at present is still live.

 

Will post again Monday

 

Johno

 

Hello johno,

 

Everything is as it should be in your circumstances.

 

Black Horse & their solicitors are a bit slow, that is why it was important for you to acknowledge the court, I am sure you understand this.

 

If you had that beer last night, I hope it was a good one, don't panic about this situation, Black Horse will gallop towards you no more, they have exhausted their army, and now, by their own actions, they have placed a deep valley between you and them, they cannot cross over it.

 

The post will come bearing the news you seek.

 

Kind Regards

 

The Mould

 

PS. johno, if you need to contact me, then do so, at any time.

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Yes cheers Mould, I Understand it all fully, Blackhorse would still of hoped for a CCJ by default.

 

I do not believe they will pull out of court! but you never know will have to see what the post brings in the next few days.

 

Will let you know if require any help with regards to a sound defence!!

 

Many thanks

 

Johno

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Yes cheers Mould, I Understand it all fully, Blackhorse would still of hoped for a CCJ by default.

 

I do not believe they will pull out of court! but you never know will have to see what the post brings in the next few days.

 

Will let you know if require any help with regards to a sound defence!!

 

Many thanks

 

Johno

 

 

OK johno,

 

Copy that - 10-4, convoy, rubber duck, smokey and the bandit, big bear.

 

Breaker, breaker come in, CB, CBB'S whats the story, Balamory.

 

Well johno, this is the story..........

 

Your defence is simple, and should Black Horse be foolish enough to continue, you would not legally or otherwise owe them a single penny, on the contrary, not only can you easily defend against their false claim, but you would have a very nice little counterclaim, they would owe you money, and the court would make an order that would legally enforce them to pay you the award that you would deserve.

 

If it comes to that, I will buid the machine for you to use, so that you can destroy your enemy on that battlefield, legally destroy them, that is.

 

Catch up with you on Monday then.

 

Take care and have a nice weekend.

 

Kind Regards

 

The Mould

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Cheers Mould

 

Ok I have spoken today to the solicitors for Blackhorse on the court papers, that i sent the F&F offer and the CPR letter.

 

They confirm the cheque was cashed, but Blackhorse will not accept it as a F&F offer, so they will be sending a cheque to me to refund the amount the said cheque was for.

 

The solicitors have also stated the information I required in the CPR letter was posted on the 22nd April, the day i was to receive the info by and I still have not received it today.

 

What is my next line of attack, can they now do this!!

 

Johno

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Cheers Mould

 

Ok I have spoken today to the solicitors for Blackhorse on the court papers, that i sent the F&F offer and the CPR letter.

 

They confirm the cheque was cashed, but Blackhorse will not accept it as a F&F offer, so they will be sending a cheque to me to refund the amount the said cheque was for.

 

The solicitors have also stated the information I required in the CPR letter was posted on the 22nd April, the day i was to receive the info by and I still have not received it today.

 

What is my next line of attack, can they now do this!!

 

Johno

 

OK johno,

 

I am going to send you a message in pm, bear with me.

 

Kind Regards

 

The Mould

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  • 2 weeks later...

Hi All

 

MOULD IS A LEGEND!!!

Where can I start!!!

 

Mould replied to my thread and has stuck with me every bit of the way. He has prepared my defence to the court cliam from Blackhorse and offered me endless support.

 

Today I contacted the solicitors with Moulds guidance and provided them with a password and the Moulds name, who then contacted the solicitors on my behalf to try and prevent court action from taking place.

 

Well today we have recieved confirmation by fax that Blackhorse have now discontinued their court claim thanks to the way Mould has provided them with all the relevant facts and up to date legislation, reagrding my case.

 

Not only have they discontinued their court claim against me, but they will also mark my credit file with a £0 balance and remove all adverse history and be settled as full within thenext 48 hours.

 

They are willing to dicuss a compensation figure but need this to be conducted in writing.

 

In which you can guess the Mould has offered his services to provide me with a letter to enable this process to begin.

 

I have read posts within this forum that sometimes have underestimated the way the Mould has provided accurate information and current legislation, but his advise and knowledge has been excellent and second to none.

 

I will certainly be making a donation to this site once the compensation package has been received and this is all down to the MOULD.

 

Once again I must thank the Mould for his excellent and committed hard work and think he is an experienced member of this site and that all should be grateful of his committed services to the cag members he helps.

 

Well Done the Mould, much appreciated and as you can imagine I am having a great day today and will be able to get a good nights sleep knowing that I am not facing court action.

 

I would also like to thank all other caggers that have offered their support in my thread.

 

I will keep you posted on how things develop in my compensation award!!!

 

Johno

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Great result, Johno :) and superb help from The Mould.

 

Well done !!!

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hi All

 

MOULD IS A LEGEND!!!

 

Where can I start!!!

 

Mould replied to my thread and has stuck with me every bit of the way. He has prepared my defence to the court cliam from Blackhorse and offered me endless support.

 

Today I contacted the solicitors with Moulds guidance and provided them with a password and the Moulds name, who then contacted the solicitors on my behalf to try and prevent court action from taking place.

 

Well today we have recieved confirmation by fax that Blackhorse have now discontinued their court claim thanks to the way Mould has provided them with all the relevant facts and up to date legislation, reagrding my case.

 

Not only have they discontinued their court claim against me, but they will also mark my credit file with a £0 balance and remove all adverse history and be settled as full within thenext 48 hours.

 

They are willing to dicuss a compensation figure but need this to be conducted in writing.

 

In which you can guess the Mould has offered his services to provide me with a letter to enable this process to begin.

 

I have read posts within this forum that sometimes have underestimated the way the Mould has provided accurate information and current legislation, but his advise and knowledge has been excellent and second to none.

 

I will certainly be making a donation to this site once the compensation package has been received and this is all down to the MOULD.

 

Once again I must thank the Mould for his excellent and committed hard work and think he is an experienced member of this site and that all should be grateful of his committed services to the cag members he helps.

 

Well Done the Mould, much appreciated and as you can imagine I am having a great day today and will be able to get a good nights sleep knowing that I am not facing court action.

 

I would also like to thank all other caggers that have offered their support in my thread.

 

I will keep you posted on how things develop in my compensation award!!!

 

Johno

 

Top Drawer johno,

 

Thank you very much indeed.

 

Kind Regards

 

The Mould

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  • 1 month later...

Hello there Johno,

 

How are you doing?

 

Johno, when you have the time could you do me a favour please and post up that follow up letter to the Full and Final Settlement Offer.

 

Also could you please up-date on what's happening at the present with this situation, without giving too much away of course as it is not finished just yet.

 

There is no rush Johno, when you have the time.

 

Thank you very much indeed in advance.

 

Kind Regards

 

The Mould

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Hi All

 

Just to let you know that all copies of letters that have been sent can be seen in post 39.

 

an update has always been provided along the way in this thread.

 

Up to now Blackhorse have discontinued the court case and removed all data off my credit file.

 

I have sent a letter before action letter off that the Mould has helped me prepare, for compensation.

 

Once i am able to i will post that letter up, but do not want to do this at this current time, as the info may be used if the need for court action, that I may be taking within the next seven days.

 

Hope all helps and let me know if any further info can be provided.

 

 

Johno

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Hi All

 

Just to let you know that all copies of letters that have been sent can be seen in post 39.

 

an update has always been provided along the way in this thread.

 

Up to now Blackhorse have discontinued the court case and removed all data off my credit file.

 

I have sent a letter before action letter off that the Mould has helped me prepare, for compensation.

 

Once i am able to i will post that letter up, but do not want to do this at this current time, as the info may be used if the need for court action, that I may be taking within the next seven days.

 

Hope all helps and let me know if any further info can be provided.

 

 

Johno

 

Hello there Johno,

 

Great, thank you for that Johno, yes obviously this is a very serious matter and the other side have accepted the indisputable facts to the entirety of their false claim.

 

As Johno has said, that particular letter can be posted up when a resolution has been secured.

 

Kind Regards

 

The Mould

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