Blackhorse Claim form& return of goods order - ***Claim Struck Out***

[gem77]

Thanks DX. Sounds positive to me aswell just not sure what this consent order entails.

[AndyOrch]

You should be delighted Gem....you have won....accept the Consent Order.The defence was successful.

 

Delighted for you.

 

Regards

 

Andy

[gem77]

Brilliant It's all thanks to you and the Mould Andy. You guys really give me the courage to fight these big guns, as well as the knowledge and expertise of these defences you help me with.

 

So the consent order, does this go through the court or is it just a fancy name for setting up a payment arrangement?

 

Once again Thank you for all your help with this Andy and Mould. x

[The Mould]

Well I think I have them a tad worried received this letter this morning

 

Thank you for forwarding a copy of your defence dated 3rd October 2013 in respect of the above claim.

 

We have tried to contact you by Telephone to discuss the content of the defence, but were not able to reach you.

 

Please be advised that there is an error in the presentation of our claim in respect of the paid up sum, however the actual balance remains correct. We apologise to you for this error.

 

Therefore it is our intention to ask the court to vacate the hearing on 18th October 2013 so that we can apply for leave to amend the particulars of claim.

 

The rest of the detail contained within your defence would be the decision of the district judge at the date of the hearing to decide whether you were given enough time following the amount of days to remedy the breach.

 

The previous agreement for a reduced payment plan was in place for a fixed period and this was confirmed to you in a letter dated 7th Feb 2012.

 

Before we apply for leave to amend the particulars of claim we are contacting you with a view to having this matter resolved by way of a consent order. Should you agree to this, it would mean that there would be no actual county court judgement awarded against you and it would give you the opportunity to continue to make payments by regular monthly instalments. In addition to this our client is prepared to reduce the balance outstanding from £2173.33 to £1350.00.

 

If you wish to proceed with the consent order can you kindly advise us within 14 days of the date of this letter.

 

Should the matter to proceed at hearing, we shall file our amended particulars of claim and request judgement be made in our client's favour for the outstanding sum of £2173.33 together with costs.

 

So what does a consent order actually mean, Will I still have to attend court?

All I want is to be able to pay what I have been paying and keep the car without another CCJ on my name.

 

And as for the bit about the reduced payment plan It was after the fixed period that they are talking about that I spoke to them again about continuing the reduced payment and they agreed so that blows that part of their letter out of the water.

They obviously know they are in the wrong if they are willing to reduce the amount to £1350.00.

 

This is a massive result for you Gem!!!!!!

 

You ought to reply to their letter and cross-reference all matters therein. State that as long as they agree to continue to accept your agreed monthly payments of £72 until the balance of £1,350. is paid in full thereby and that they agree that all parties do bear their own costs in this matter, then, subject to contract, that is, they provide you with a draft of the consent Order to reflect the foregoing, then you accept their proposal to resolve this matter pursuant to the same.

 

Your look forward to hearing from them by return.

 

No need to attend Court for this consent Order.

 

Yours faithfully

 

Mrs Gem

 

Kind regards

 

The Mould

[AndyOrch]

Just ask them to forward a copy of the proposed Consent or Tomlin Order Gem and I will check its contents for your before you agree.Once agreed the consent is sealed by the court and both parties are to comply with its content.

Revue dates and costs and default are the elements that need to be considered before acceptance.

 

You must PM me the schedule and not post it on the forum.

 

Regards

 

Andy

[gem77]

OK will do that in the next few days. And will pm you once I have heard back from them Andy.

[gem77]

hello.

 

I have never heard any more from blackhorse or from the court about the Tomlin order.

shouldn't they have sent me a copy after it had been stamped by the court?

 

Also I made a big boo boo.

 

I didn't go to court on the 18th as I thought they had cancelled or posponed it.

Stupid I know I should have phoned the court to check as they hadn't and their representative turned up.

 

However

I recieved the verdict from the court and even though I wasn't there the judge threw it out.

 

He agreed with what my defense had stated about the DN being void

because of the dates and the numerous other discrepancies on the POC.

 

He also stated that the witness statement did not give enough detail or reason for the claim to go ahead

and that the seperate sheet with the charges on was not dated and could have been reproduced and added on at anytime.

 

Also that two of the letters they were relying on in their witness statement were sent from 2 different offices

yet had the exact same signiture on so it was highly likely these were not original letters

and could not be relied upon (might be something to look for in the future).

 

Therefore this claim is to be struck out.

 

Looks like the judge went through it with a fine toothed comb.

[AndyOrch]

Excellent news gem......and a decent District Judge that knew his/her stuff.

 

 

Delighted for you ......thread title amended to reflect your success.

 

 

 

Regards

Andy

[citizenB]

Excellent news

[dx100uk]

hey great result!

 

now on to these outstanding penalty charges etc

 

dx

[gem77]

They wiped them off DX. think they knew they were in the wrong and worried what the judge might say. They reduced the amount they were claiming I owe £2173.33 to £1350.00. Didn't even have to pressure them for it. one look at my defense and they buckled.

[dx100uk]

that is brilliant news too then.

 

shows they know they were in the wrong.

 

might help others awaiting bh charges reclaims.

 

dx

[gem77]

I do hope so. I also found it interesting that the judge picked up on the signitures being the same but the letters from different offices something I would never have even thought to look at. Another thing for people to keep a close eye on.

[The Mould]

This is another, in a long line of cases that I have posted on, to say that I am pleased to see a resounding successful conclusion for the op (I am not boasting) simply being realistic.

 

Superb result for the op and the Group.

 

Godzilla

 

Kind regards

 

The Mould

[citizenB]

I do hope so. I also found it interesting that the judge picked up on the signitures being the same but the letters from different offices something I would never have even thought to look at. Another thing for people to keep a close eye on.

 

It is little things like this that do for them every time. Devil in the detail, as they say

[gem77]

It certainly is mould. I found and joined this group six years ago when I was claiming back bank charges. I was successful in all of my claims thanks to you guys and donated some of my reclaim to the group. Now with the downturn in our financial situation over the last 2 years you guys have come up trumps yet again.

 

I could not have done any of this without you all. If I ever win the lottery or come into large sums of money you will be the first people to receive some (even before my creditors.lol)

 

So thank you all once again.

xxx

[The Mould]

Godzilla

 

Kind regards

 

The Mould