In Court with Blackhorse to take back the car advice please

[the_shadow]

No Shadow

thats what I thought, I copied loads of documents and sent to scm recorded,

 

Then I'm sorry to say it may be the judge has taken it that you have been too clever....

 

If you didnt have the required information to form a defence which obviously the cPR 31 requests would indicate you didnt then according to PT2537's thread on litigating you should keep the defence to the briefest amount possible just stating you have been unable to plead as the claimant will not supply the relevant details.

 

Supplying copious amounts of pages of defence when not strictly relevant to the joke of a POC they originally supplied is going to Pee off a judge imo.

 

IMVHO Now the only way forward is an application to set aside the order and a possible amended defence ensuring you state you need further information from the claimant. You'll need a good reason to get the judge to accept a set aside although he/she has pointed to the fact the defence was bad and hence to get legal opinion I suspect.

 

S.

[GARY68]

Then I'm sorry to say it may be the judge has taken it that you have been too clever....

I tend to think you are right...shadow

If you didnt have the required information to form a defence which obviously the cPR 31 requests would indicate you didnt then according to PT2537's thread on litigating you should keep the defence to the briefest amount possible just stating you have been unable to plead as the claimant will not supply the relevant details.

 

Supplying copious amounts of pages of defence when not strictly relevant to the joke of a POC they originally supplied is going to Pee off a judge imo.

AGREED

IMVHO Now the only way forward is an application to set aside the order and a possible amended defence ensuring you state you need further information from the claimant. You'll need a good reason to get the judge to accept a set aside although he/she has pointed to the fact the defence was bad and hence to get legal opinion I suspect.

Well this was a clerk in fairness and wasnt commenting on the legal side

S.

 

im going to post up my defence shadow...dont really know what to do about this at the moment, no doubt there will be a cost claim added on this,

[GARY68]

http://i407.photobucket.com/albums/pp160/gary68/defence-1.jpg

http://i407.photobucket.com/albums/pp160/gary68/df2.jpg

http://i407.photobucket.com/albums/pp160/gary68/df3.jpg

http://i407.photobucket.com/albums/pp160/gary68/df4.jpg

http://i407.photobucket.com/albums/pp160/gary68/df5.jpg

http://i407.photobucket.com/albums/pp160/gary68/df6.jpg

http://i407.photobucket.com/albums/pp160/gary68/df7.jpg

http://i407.photobucket.com/albums/pp160/gary68/df8.jpg

[Series3]

that's long.

[GARY68]

1 hole,

 

well heres not the way to defend.

[GARY68]

reality check time,

 

feeling pretty defeated at the moment so..

 

should i apply for a set aside ?

Not to sure on what grounds really as shadow pointed out, not too sure what the claimant could provide me with further to assist my defence, I have pointed out the defects on the case (ok not very well in the judges eyes it would seem)looking at the defence ive put in-he's not interested in it.

sit back and wait for ccj.?

What happens now, should I expect a judgement letter from court and will i be expected to go into court with the judge and explain that I cant afford to pay and can I explain then what i can afford,

how reasonable can this all become,

 

anyone been in this position and can you offer and advice.

[GARY68]

bump

[summerbreeze]

Hi Gary

I am so sorry that you have found yourself in this situation.

It is so hard to know what to do for the best. I dont have enough knowledge to be able to advise you .

 

You have to decide whether to carry on fighting . If you do get a judgement notice then you can apply to the court within 14 days for a redetermination and it wont cost you a fee. Then you will be able to submit your I and E and make any offer of payment by installments .

 

I dont mean to say that is the way to go .... you can carry on fighting.

 

Perhaps you could pick out the strongest points of your defence and re-inforce them and apply for a set aside.

 

I hope some of the legally minded take a look at your thread Gary and anyway this post will bump you .

 

my regards SB

[GARY68]

many thanks SB

To be honest I want to apply for a set aside but not sure on how to approach this with filling in and on what grounds, I know the defence is long but I feel I have got many points across, cpr ignoring and the technicality and delivery of the default but the judge has ignored this and didnt even let me get to a hearing to defend,

All that blackhorse have done is submit a n1 and an aq with no details on and win???.

I do hope that the order wasnt made as above because the defendant didnt recieve the defence because I posted one to them and handed copys in to court.

would love to know the reason for the judge to have struck this out, pity I couldnt just ask him.

 

thanks sb again and if any experienced helpers are looking in maybe they can give me a bit of advice

[summerbreeze]

Hi Gary

This is just something that I do when handing in stuff at the court front desk

I just take an extra sheet saying the case ref and the date and that I am handing ..blah blah documents etc. and I get them to stamp it ...seems to sharpen them up a bit .

 

Hope you get some input soon

 

Cag seems a bit quiet at the mo ...I am hoping for a little help on one of my threads also

[GARY68]

Hi All Advice needed please on to defend action by BlackHorse/SCM whom have lodged papers with court not sure how to approach this in the first instance so any urgent advice would be very helpful.

 

First a bit of background needed, i purchasd a car back in June 2008 from a dealer on Finance,

after a couple of months i missed a few direct debits and was late with some due to other financial difficulties but got back on track for a few months then again payments became a bit erratic, i paid some over the phone and eventual set a lower payment agreement up which was agreed then went onto full payments and back to lower payment, Over the last couple of months they wanted more than full payments and as i was struggling with the morgage ignored ,

Reason was i thought i had paid more than they were saying and i went for a SAR to claim back, trouble was i didnt do quick enough-forgot and now they have applied to court for possession and interest.

So the initial finance was

£5150.00

Interest & fees took this to £7,163.39

I have paid £4,408.59

they are claiming £4151.56

im sure this isnt correct but could do with some help as to what my options are ,the termination letter arrived 2 days after court papers on the 7th the same day the court papers were stamped

 

firstly they have sent me court papers which i have to Acknowledge the service of and decide if i can defend part , or all of the claim,

any advice would be very helpful

thanks

Gary

[GARY68]

http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/claimformbh001EDIT.jpg

Edited November 19, 2011 by GARY68
image too small

[GARY68]

http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/poc001EDIT.jpg

Edited November 19, 2011 by GARY68
image too small

[GARY68]

Default

http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/default001EDIT.jpg

 

Default page 2

http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/defaultpg2001.jpg

 

 

termination notice, arrived after court papers

http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/terminationnotice001EDIT.jpg

Edited November 19, 2011 by GARY68
image too small

[GARY68]

last statement sent

 

http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/laststatement001EDIT.jpg

 

Witness statement

http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/witnessstatementbh001EDIT.jpg

Edited November 19, 2011 by GARY68
image too small

[GARY68]

Other documents available,

Im worried about being stung here for a mass of charges that i will never payback, i m not a fan of Blackhorse or Scm and we have history, but can anyone tell me what my best options are,

Firstly i have to fill in the acknowledgement form i think i have paid more than they are claiming,

second what does this mean if i go to court do i give them the car and the figures claimed, or will the figures they are claiming be deducted after car sale at Auction etc..

 

Firstly Can i Defend

Can someone give me any advice please i have a couple of days for the acknowledgement and the hearing is due Jan 6th and im not sure on the form if i can put defend all the claim or part of the claim, based on the actual claim/default/termination or charges

[The Mould]

The claimant has admitted in his statement of case that the default notice was served by way of 2nd class post - meaning 4 days for delivery thereof, in this regard the said default notice is one day short of the statutory not less than 14 days time scale to allow you to remedy the breach, therefore, the said DN is invalid and the claimant is not entitled to enforce the contract. You need to check the arrears amount in order to establish the actual arrears.

 

Where is the contract, can you post that up also please?

 

See the Brandon v Amex Court of Appeal Judgment handed down, in said case the DN was one day short of said not less that 14 days, Amex obtained a summary judgment which was overturned in said appeal.

 

In your case the claimant (Lloyds) have clearly terminated the contract on the foundation of an invalid statutory notice, therefore, their only entitlement at the present is to the actual arrears that were due and owing before said termination.

 

Kind regards

 

The Mould

[GARY68]

Thank you Mould for your input

I was hoping there was a fault on the Default notice but thought it was slim , if this were the case and the arrears at the time on page 2 of the default according to them would be £2,281.10....and i have paid more than they have accounted and the rest are arrears....and charges for court etc.

 

Regarding the Agreement, i will post up but think its all above board

[GARY68]

Agreement, hope you can read

 

http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/agreementpg1001EDIT.jpg

http://i407.photobucket.com/albums/pp160/gary68/black%20horse%20car/agreementpg2001.jpg

[GARY68]

I dont know much about termination notices and been trying to find a good thread, but am i clutching at straws to assume that the Termination notice was delivered to me on the 8th Nov

as the date of issue of court papers was the 7th November

like i said not up on this ,