Jump to content


  • Tweets

  • Posts

    • So sorry it's took me a few weeks to respond back to you. Thank you so much for your response. My grandfather is clear about the pension deductions on his pay slips.  As I mention before all these went missing in the burgarly. We have tried Willis Tower Watson but they were not to helpful. I am stuck what we can try next. Thank you again.     
    • As a rough guess it would be your landlord who would be responsible. But you need to understand the extent of your losses before you can begin any claim. This means that you need to list out any expenses to which you have been put, any expenses which would be associated with repairing damage or cleaning et cetera. And then list out the inconvenience to which you have been put as a result of this. Any actual expenses – money loss which has been incurred already all that is likely to be incurred in result of repairs will need an inspection and to quotations which eventually you will present to the landlord. Even if I'm wrong and it is not the landlord – you will still need the evidence that I have listed above in order to begin any claim.  
    • Hi, I have been renting a three bedroom, top floor flat for six years now in England. Just so you know, there is a letting agent, landlord and a block management company involved. Eighteen months ago we had a considerable leak in one of the bedrooms, affecting the next door bedroom as well but not as badly. This led to a lot of damage to the ceiling and the formation of mould within the first bedroom and to a lesser extent in the second bedroom. As far as we are aware, the leak has only recently been sorted by the block management company(who owns the roof etc…) Just over three weeks ago, a large inspection hole was cut into the ceiling, the workmen (instructed to come by block management) who undertook the work did not put any dust sheets down over any of the furniture, causing an incredible amount of dirt and debris throughout the entire flat, rendering the room unusable. We were left on a Friday afternoon with a gaping hole and no instruction as to what was going to happen next. Only after contacting our letting agent to inform them about the state of the bedroom had been left in, with a gaping hole and bits of debris falling, did they come to do a temporary fix to cover the hole which was after a week. As the bedroom is still unusable. My daughter has for more than three weeks been sleeping in the lounge. The letting agent did offer to get the place cleaned, but we see no point until the job has been completed. My landlord has reduced my rent by £200 for the past couple of months and is now wanting full rent regardless of the work being incomplete. A plan has been put in place, however, we have not been given a timeline for when these will be completed and this could take some considerable time. In addition to this, there was a leak in the kitchen but this was very minor, and we have a major condensation issue in the bathroom as the extractor fan is apparently not strong enough so the ceiling is covered in mould which is now being revealed as the paint is flaking off. The problem we have is that the building (roof etc..) is managed by a block management company. My letting agent has basically said that the damage is the responsibility of the block management and this nothing to do with the landlord, and therefore, does not want to give us any compensation. What are my rights as a tenant in this situation? Am I entitled to a continued rent reduction or additional compensation given the ongoing uninhabitable condition of the bedroom and the disruption this has caused? I have attached photos as supporting evidence and would be very grateful for your advice. https://imgur.com/a/yfm4FP9 Should you require any further information, please let me know. Thanks in advance! 😁👍
    • I have just read it again and I see that you say that you are going to be claiming for time and stress. This is not recoverable loss so I think that you should leave it out.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Blackhorse Car HP - Claim issued


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4783 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi guys

 

Just going through the Allocation process and just want to know what it means when it says; all parties shall give to all other parties standard disclosure by list to be served by (date)?

 

Thanks

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Link to post
Share on other sites

  • Replies 129
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi guys

 

Just going through the Allocation process and just want to know what it means when it says; all parties shall give to all other parties standard disclosure by list to be served by (date)?

 

Thanks

 

Have a read of.....

 

http://www.justice.gov.uk/civil/procrules_fin/pdf/parts/part31.pdf

Link to post
Share on other sites

Thanks thats helpful

 

So basically they are requesting the documents i intend to rely on be disclosed by the said date by way of listing each one?

 

Am i right?

 

Thanks

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Link to post
Share on other sites

Thanks thats helpful

 

So basically they are requesting the documents i intend to rely on be disclosed by the said date by way of listing each one?

 

Am i right?

 

Thanks

Yes you are right, you can do this in one of 2 ways;

You can fill in FORM N265 or write out your own version to suit.

It is just a list of all the docs you have in your possession that relates to the case that they can request to inspect. They will need to send you a written request to inspect any of the docs on your list under CPR 31.15 and you will have 7 days to provide them, and vice versa.

 

When I did mine I wrote out my own, I'll attach it so you can get a rough idea of what is expected :madgrin:

Standard Disclosure by List CAG.pdf

Link to post
Share on other sites

Thanks for the info.

 

I thought it was that so constructed my own detailing the documents i am relying upon in my defence which is basically letters sent and received. It is only a few docs but crucial none the less.

 

Allocation hearing is due after christmas as a result of them not turning up to the original hearing.

 

What are the implications of them not making standard disclosure as set out in the order as the date has now passed and they have not done so.

 

Thanks

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Link to post
Share on other sites

Anyone know what the implications are reagrding Post 83? With the fact they did not meet the date set out in the order!

 

Thanks

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Link to post
Share on other sites

  • 4 weeks later...

Hi guys

 

The claimant was due to send me a copy of their defence by todays date to which they have not done.

 

This was also the case when they sent the standard disclosure the date on the order was not met then either.

 

Am i now able to ask the courts to strike out their claim on the grounds they have not adhered to the conditions of the court order without any valid reason?

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Link to post
Share on other sites

The Courts are unlikely to be concerned too much about a day late.

So is the defence still missing ?

You could write and ask the Court to strike out the claim on the basis of abuse of process (Their failure to comply with a Court order).

Its quite a long time to wait for allocation-why so long ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Nothing I'm afraid - a day or so late, even a week will just p the DJ off, but the other side will just winge and whine that they are sooo busy etc etc

 

Whereas what it really means is that they wanted to see yours first

 

Totally out of order especially when dealing with a LiP, but hey ho

 

You just carry on - then hit them where it hurts in Court

 

Good luck :D

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

I see wannabedebtfreesoon has been advising you quite a bit-will flag the latest update up for them.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Yes i will post the form up in the morning when i am home.

 

Basically they had until Tuesday to issue their witness statement (not defence as stated earlier) to which they have not done therefore have failed to adhere to the court order.

 

I have met all the dates as required and sent in my defence as i did the first time around.

 

Not sure why the long time limit until the heasring it is just what the DJ set out. What is annoying me is they had chance to appear at the original hearing but failed to do so and wrote to the court requesting an allocation hearing as stated in previous posts.

 

Their POC are wrong they have no basis for the claim as they have not adhered to the Consumer Credit Act and Consumer Credit Regulations therefore lost the right to claim.

 

Is it a letter a need to write to the court or does it have to be done on a specific county court form. Afterall if it was me who was not sticking to the courts instructions they would be going all out to gain judgement against me.

 

Appreciate all the advice and help :)

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Link to post
Share on other sites

Yes i will post the form up in the morning when i am home.

 

Basically they had until Tuesday to issue their witness statement (not defence as stated earlier) to which they have not done therefore have failed to adhere to the court order.

 

I have met all the dates as required and sent in my defence as i did the first time around.

 

Not sure why the long time limit until the heasring it is just what the DJ set out. What is annoying me is they had chance to appear at the original hearing but failed to do so and wrote to the court requesting an allocation hearing as stated in previous posts.

 

Their POC are wrong they have no basis for the claim as they have not adhered to the Consumer Credit Act and Consumer Credit Regulations therefore lost the right to claim.

 

Is it a letter a need to write to the court or does it have to be done on a specific county court form. Afterall if it was me who was not sticking to the courts instructions they would be going all out to gain judgement against me.

 

Appreciate all the advice and help :)

With witness evidence I would say that in the interests of being reasonable you would wait until at least a week after it was due and then make an application on notice for an Unless Order to force compliance. So basically, after you've given them extra time you make an application for the court to give them extra time and if they still don't comply their claim will be struck out.

 

I wish it was as simple as; if they don't stick to the rules the claim gets struck out, God only knows it should be!! Unfortunately, the smarmy gits manage to get away with murder half the time. It's up to us as consumers to rise above it cos, let's face it, at least one side has to abide by the rules and be reasonable and professional! 8)

Link to post
Share on other sites

Ok thanks for the advice.

 

I will give them until Tuesday and take it from there.

 

I hope they have had time to dwell over the Bill of Costs i kindly provided them too :-)

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Link to post
Share on other sites

Just a question on the above.

 

Would it be worth writing to them direct to enquire their reasons as to why they have not complied with the order then go to the courts if they still fail to do so? Would show the courts i am been more than reasonable.

 

Thanks

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Link to post
Share on other sites

Hi

 

According to the claimant as they have already issued a witness statement at the original proceedings they claim they do not have to issue a further one for the allocation process even though the order requests they do.

 

Does anyone know if thats the case?

 

Thanks

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Link to post
Share on other sites

  • 3 weeks later...

Hi Guys

 

Anyone got advice on the above?

 

Also where does it state (written down) that if they lose the right under Section 87 that they can only claim the arrears stated on the Defaulty Notice?

 

Could really do with the info.

 

Thanks Guys!

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Link to post
Share on other sites

Hi Guys

 

Good News - Blackhorse have decided to discontinue in full with their claim.

 

Just a few questions to finish this off:

 

How do i now get them to remove all HPI markers from the car and fully sign it over to me?

Can i still request costs incurred from them?

Also the default they have placed on file is inaccurate so can i request they remove it?

 

Thanks for all the advice

 

James

IVA Entry Removed

Nationwide Default Removed

Nationwide Joint Account Default Removed

Natwest Default Removed

Blackhorse Car Finance Court Claim - Won

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...