Blackhorse Car HP - Claim issued

[Jamesx81x]

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

[Jamesx81x]

Hi

 

Anyone know what they are referring to by this?

[middenmess]

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

[Jamesx81x]

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

[middenmess]

I'd hate to get it wrong so suggest you click on the black triangle to get a response -and the correct advice--from the site team.

[wannabedebtfreesoon]

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

Standard Disclosure by List CAG.pdf

[wannabedebtfreesoon]

Have you had an allocation hearing yet then or is it just the other side on a fishing trip??

[Jamesx81x]

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

[Jamesx81x]

Received it today a day after the order stated!

[Jamesx81x]

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

 

Thanks

[Jamesx81x]

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?

[Jamesx81x]

Anyone got any advice on this?

 

Thanks

[MARTIN3030]

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 ?

[gh2008]

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

[MARTIN3030]

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

[wannabedebtfreesoon]

Hello James, is it possible you could scan and post up a copy of the directions?, minus personal bits of course

[wannabedebtfreesoon]

Is it an amended claim form they need to send? I can't understand why they would be sending a defence unless you counterclaimed?

[Jamesx81x]

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

[wannabedebtfreesoon]

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)

[Jamesx81x]

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

[Jamesx81x]

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

[Jamesx81x]

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

[Jamesx81x]

Anyone?

 

Thanks

[Jamesx81x]

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!

[Jamesx81x]

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