BLACKWOOD FINANCE LIMITED claimform - old doorstep loan[s]

[pcrdaddy]

Good Evening Forum

 

Once again i am being taken to court by a doorstep lender.

 

I had a loan with them

paid in full then

 

 

took a small loan with them again which they failed to turn up and collect,

The whole reason i took the loan as its convenient and i am a full time carer

so don't really get out much to do anything so really handy them coming to my house.

 

I have explained to the company the reason why payment was not made

and they said it was my responsibility to make sure i got them money to them,

 

 

I explained that its a doorstep loan and agent should of called,

They wont admit they done anything wrong or restart the payments again considering everything.

 

I received in the post a money claim for £175.00 - I have done the AOS already

 

Particulars of claim is vague

how can anyone possibly make a defence around its particulars

these are exactly how its written also there is no solicitors costs so assume they are doing it themselves

 

Particulars of Claim

Defendant has defaulted on repayments of an unsecured loan with this company

 

There is no dates, no reference numbers, account numbers this could be for a loan already paid off nothing is clear??

 

The deadline ends tomorrow, I have done the AOS so now have till the 18th May to submit defence

 

Any advice on what i should do would be so much appreciated

 

Regards

 

PCR

[dx100uk]

go fill out that link like you did for you old claim please

[pcrdaddy]

Thanks Dx,

 

Here is the info

 

 

Name of the Claimant .BLACKWOOD FINANCE LIMITED

 

Date of issue 15th April 2016

What is the claim for:

 

Particulars of Claim

Defendant has defaulted on repayments of an unsecured loan with this company

 

What is the value of the claim? £175.00

 

What Is Claim For Unsecured Doorstep Loan

 

When did you enter into the original agreement before or after 2007? After 2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim Orginal Creditor

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Was Never Assigned

 

Did you receive a Default Notice from the original creditor? Can Not Remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year No Never

 

Why did you cease payments? Agent stopped turning up as agreed every week

 

What was the date of your last payment? Feb 2015

 

Was there a dispute with the original creditor that remains unresolved?

Yes they were not coming to collect then stating it was up to me to get the money to them

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan NO

[pcrdaddy]

Some other info, A man from the company turned up at my house whilst i was out with my daughter,

 

He tried to hand my wife some sort of envelope which she refused to take

he stepped back and tried to throw it in to the house but it hit my pregnant wife in the face and walked off,

 

 

I need to find this it was paper with payments made was def not a default notice just some statement.

 

Ok found it is a statement with all payments made and missed, No default notice

Edited May 3, 2016 by pcrdaddy

[dx100uk]

who's the claimant

company etc

and the full PoC please

 

 

dx

[pcrdaddy]

The claimant is a company called blackwood finance based in blackwood south wales

 

That was the full POC this is how it is written word for word

 

Particulars of Claim

Defendant has defaulted on repayments of an unsecured loan with this company

 

Thanks

[dx100uk]

BLACKWOOD FINANCE LIMITED

Date of Incorporation: 13 January 1972

Share Capital: £100Registered Office: Blackwood House 186 High Street, Blackwood, Gwent, NP12 1AH

[dx100uk]

http://fca-consumer-credit-interim.force.com/CS_RegisterSearchPageNew?accId=353650

[pcrdaddy]

BLACKWOOD FINANCE LIMITED

Date of Incorporation: 13 January 1972

Share Capital: £100Registered Office: Blackwood House 186 High Street, Blackwood, Gwent, NP12 1AH

 

That's the company, The link does not load for some reason

[pcrdaddy]

Any thoughts on the POC that have been sent to me?

 

The deadline is up today!!

[dx100uk]

what deadline?

dx

[pcrdaddy]

what deadline?

dx

 

According to the court i had till today to submit AOS, As its deadline was today, I have submitted this but does this mean that the POC cannot be amended now by the other side??

 

How do i proceed as the POC are not very clear just one line - I now have 14 Days to file a defence

 

Tomorrow i will send off request for documents in the meantime can i challenge the POC based on the fact there is no real information just this.

 

Defendant has defaulted on repayments of an unsecured loan with this company

 

Thanks

[dx100uk]

you stated in post one you had done AOS?

[pcrdaddy]

Yes its already done for myself,

 

 

There was an issue as it was in joint names and only one envelope arrived

so had to ring court find out what i can do

 

 

they sent it via email had to print it off fill it in and sign it and scan and re-email to them,

 

 

Had till today to do this all taken care of now.

 

 

The court say the issue date was 15th They class this as served on the 20th, Have now till the 18th May to submit a defence

 

My next step will be to send letter requesting information of DN, and everything else that accompanies this,

 

Anything else i should do at this stage?

[dx100uk]

well we aren't mind readers

why are you mailing stuff to the court

use MCOL website

 

 

CCA/CPR time

[pcrdaddy]

well we aren't mind readers

why are you mailing stuff to the court

use MCOL website

 

 

CCA/CPR time

 

I hear you have a crystal ball DX suppose this is not currently working? pmsl

 

Sorry i assume they are a court it was moneyclaim info was submitted to via email.

 

Does the CPR not cover the CCA as well? The CPR letter i used last time was for a catalogue, Had a look in templates there are a few to choose from which one would suite my situation??

 

Thanks

[dx100uk]

there are two CPR one is for a current account the other you need.

read the titles.

CPR is only a request they can refuse

CCA they cant. its a legal requirement

 

 

you can AOS/file defence etc etc via MCOL website

using the details required from the claimform

as you did on the last claim.

[pcrdaddy]

there are two CPR one is for a current account the other you need.

read the titles.

CPR is only a request they can refuse

CCA they cant. its a legal requirement

 

 

you can AOS/file defence etc etc via MCOL website

using the details required from the claimform

as you did on the last claim.

 

Thank you once again DX

 

Ill get the paperwork all sent off first thing tomorrow via recorded delivery or would it be quicker to hand deliver it throw it in there face like they did to my wife Think i may just stick to recorded delivery

 

I only got till 18th to submit my defence what if they drag this out in sending the documents my defence relies on? I was thinking of sending them a letter accepting no liability with a cheque for £100 as full and final to settle this?

[dx100uk]

why?

if they fail then its the std no paperwork/holding defence.

[AndyOrch]

" There was an issue as it was in joint names and only one envelope arrived so had to ring court find out what i can do "

 

Just to clarify the above ...is this a joint name claim (both your names on the one claim form as defendants)?

 

Or two separate claims ?

 

Andy

[pcrdaddy]

" There was an issue as it was in joint names and only one envelope arrived so had to ring court find out what i can do "

 

Just to clarify the above ...is this a joint name claim (both your names on the one claim form as defendants)?

 

Or two separate claims ?

 

Andy

 

Hi Andy

 

Thank you for your reply.

 

When the paperwork arrived it was just in my name with both myself and partner named on it.

 

When i called the moneyclaim helpline they advised that two was sent out one for myself and one for my wife, They explained i had already AOS mine but not wife,

 

I explained only received one letter they advised i do this below via email

 

If you are returning your claim response or any claim response forms by email then you MUST state the phrase ‘CLAIM RESPONSE’, together with your claim number, in the subject line of your email.

 

Thank you for your enquiry,

 

If you wish to file an Acknowledgment by email, this must be in the same format as the official form sent in your claim pack. You can either complete the attached form then scan and email it back to this email address or email your request as a word document showing the following information:

 

In the subject heading of your email you must type the words Acknowledgment of service and your Claim number.

 

In the body of the email please confirm your name and address then state which of the following options you are requesting.

 

1. I intend to defend all of this claim

 

2. I intend to defend part of this claim

 

3. I intend to contest jurisdiction

 

Please also type your name (this is classed as an electronic signature) and date the document at the bottom of the page.

 

All the above has been taken care of now and sent back to them in the format they requested.

 

Thinking about it being joint do both myself and wife have to issue them CCA / CPR or can this just be done with both names added.

 

On my claim it has my name address with words defendant underneath next to this is another box with my wifes name address on it also stating defendant underneath?

 

Can anybody conform if they are claiming 175.00 from both of us?? As the balance was only 150.00 joint.

 

I hope this clarifies everything.

 

Regards

[AndyOrch]

It appears to be one joint claim as both your names are on the one summons...but If MCOL state that two were sent then yes you must do everything in duplicate...CPR/CCA AoS and Defence.

 

You need to check the other claim against your partner has the same claim number.

 

You only pay the debt once should your defences fail.

[pcrdaddy]

Update

 

Its over

i contacted blackwood finance who were clueless about the court proceedings

didnt even know what they needed to do next

seems this is all new to them,

 

 

I mentioned about the POC being to short no real info,

They thanked me i again explained i would fight to the end should they continue with the claim,

 

 

They offered to settle for 100.00,

I accepted as i was thinking about the same amount earlier,

Paid them via debit card over the phone whole agreement conversation caught on recorded call,

I am concerned as they do not seem to know how to now stop this claim

 

Is there anything i can do my end to bring the claim to an end as the claimant is clueless

 

Thank you once again for all your help

[AndyOrch]

Well they should discontinue the claim or in form the court its been settled.Whether you can trust them to to take this action is another problem.Whether you can rely on them to not claim the difference to the initial claim is another.

 

However if you refer to your claim pack and look at form N9b you can complete box 2 stating date of payment.

[pcrdaddy]

Well they should discontinue the claim or in form the court its been settled.Whether you can trust them to to take this action is another problem.Whether you can rely on them to not claim the difference to the initial claim is another.

 

However if you refer to your claim pack and look at form N9b you can complete box 2 stating date of payment.

 

They seemed very genuine wanting to get this sorted with me,

We discussed things at length as well about the agent not turning up,

Letters being thrown in my wifes face,

 

 

If they backtrack on what's been agreed since they were the ones who made the proposal ill just get the recorded call transcripted, They said due to everything that had gone on and as a goodwill gesture

they were willing to settle the whole thing for 100.00

 

 

we firstly agreed 10 payments of 10.00 to come off my debit card as a continuous payment,

I said how about i pay in full now with a debit card this was accepted

and the 100.00 was paid and shows debited from my account,

 

It was never about not paying

it the principle of the matter is they stopped coming to get their money

and tried to say its up to me rather than attempt to put things right

which led to them just starting these proceedings against myself and wife,

 

I have one final issue that needs taken care of now.

Thanks once again for all your help