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Court Claim After VT - Need Urgent Help

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  • Court Claim After VT - Need Urgent Help

    Need some urgent help and possibly a recommendation for a solicitor who specializes in these things.

    So my story can be found here - https://legalbeagles.info/forums/for...ing-and-issues

    Basically, I VT my car with Black Horse on the 18th of May 2018 - served the letter from the template on this fantastic forum and emailed them as well - have records.
    They refused to accept the VT unless I sign their VT form admitting liabilities which I naturally refused.
    I have an extended warranty with them but it was just one direct debit that I canceled - I don't have a separate contract for it.
    I went through their complaints department and naturally, my complaint was rejected.
    I then complained to the financial ombudsman who still hasn't made a decision - the case is currently in "process" and they still haven't made a decision - I was disputing the extra warranty money.

    I just received a letter in the mail from my local court - a Claim Form.

    I have no idea about courts or legal stuff and I really need help what to do next.
    The FO is hopeless - they said they stopped BH from further action but that obviously is not true and they just went to court.

    Attached you'll find the court claim which I have 14 days to respond to.
    Should I file a counterclaim or respond describing the case - what should I do?
    I'm kinda scared not to lose and having to pay extra money as my financial situation at the moment is not great - just got married last week.

    Any help or guidance towards a solicitor is highly appreciated!!!





    Last edited by Chipsybg; 22nd May 2019, 10:10:AM.
    Tags: None

  • #2
    Hello

    I gave you some options in your previous thread but doesn't seem like you've acted on them.

    I guess first thing's first, do you want to simply defend the matter or bring a counterclaim for compensation?
    Check out some useful guides below

    A guide to voluntary termination
    Seting aside a CCJ
    Completing an N180 Form

    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

    Comment


    • #3
      Originally posted by R0b View Post
      Hello

      I gave you some options in your previous thread but doesn't seem like you've acted on them.

      I guess first thing's first, do you want to simply defend the matter or bring a counterclaim for compensation?
      Yes, you did, thank you so much for that!
      I did act on them - the case is still currently with the Financial Ombudsman who clearly said they stopped BH from pursuing the matter further until they make a decision. This is a part of the email I received today from the FO's investigator after emailing them about the court claim:

      "As for the court proceedings, I confess, I’m surprised. We’ve not been told of this development and I’ll be in touch with them today to discuss why they’ve taken this action. "

      To be honest, I'm sick and tired of BH's BS and I think I should bring a counterclaim for compensation but I need legal help to do that or at least guidance on how to respond to the court papers and all that.

      Also, I need to clear my credit file as BH ruined it and I don't know if the court can help with that or the FO can.

      Comment


      • #4
        Well the matter is now in the hands of the court however I don't think the court will take too kindly that BH have decided issue legal proceedings when it had previously said that it would put everything on hold, which is in line with their obligations under the FCA rules. You could in theory issue an application to stay proceedings pending the outcome of the FOS' decision but that will cost you £255.

        Either way, first thing's first is you need to acknowledge the claim. If you are going to get a solicitor you need to do it asap or if you have legal expenses insurance you could contact your insurer to see if they will help.

        Otherwise its a case of doing it on your own, with some assistance from us of course.

        As I mentioned above, they've added a marker to your credit file, I reckon you have grounds to bring a claim for negligence and/or breach of data protection in that respect. You also have a potential claim for repudiatory breach in respect of their refusal to accept your voluntary termination - you could seek damages on that and claim as much as the car or the option to purchase price. As for the loan, their particulars of claim suggest its a combined agreement, not sure what they mean by that but if its a single agreement then you only need to pay the amount to terminate as per the agreement. If they argue a multiple agreement then your defence is that they accelerated the outstanding balance without any lawful justification (I assume there is no right to do so in the contract? You will need to check the terms or upload them and we can check) because you only wrote to terminate the HP element. They had no right under the contract to do so and it's them in breach, not you.

        If you make a counterclaim you need to pay a sum of money depending on how much you are claiming. As for your defence, you'll need some kind of logical structure to your defence picking out the key points to argue in court.

        You would also be wise submitting a subject access request to BH too and obtain all notes correspondence etc.

        Again, decisions need to be made quickly and not sat on.
        Check out some useful guides below

        A guide to voluntary termination
        Seting aside a CCJ
        Completing an N180 Form

        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

        Comment


        • #5
          Originally posted by R0b View Post
          Well the matter is now in the hands of the court however I don't think the court will take too kindly that BH have decided issue legal proceedings when it had previously said that it would put everything on hold, which is in line with their obligations under the FCA rules. You could in theory issue an application to stay proceedings pending the outcome of the FOS' decision but that will cost you £255.

          Either way, first thing's first is you need to acknowledge the claim. If you are going to get a solicitor you need to do it asap or if you have legal expenses insurance you could contact your insurer to see if they will help.

          Otherwise its a case of doing it on your own, with some assistance from us of course.

          As I mentioned above, they've added a marker to your credit file, I reckon you have grounds to bring a claim for negligence and/or breach of data protection in that respect. You also have a potential claim for repudiatory breach in respect of their refusal to accept your voluntary termination - you could seek damages on that and claim as much as the car or the option to purchase price. As for the loan, their particulars of claim suggest its a combined agreement, not sure what they mean by that but if its a single agreement then you only need to pay the amount to terminate as per the agreement. If they argue a multiple agreement then your defence is that they accelerated the outstanding balance without any lawful justification (I assume there is no right to do so in the contract? You will need to check the terms or upload them and we can check) because you only wrote to terminate the HP element. They had no right under the contract to do so and it's them in breach, not you.

          If you make a counterclaim you need to pay a sum of money depending on how much you are claiming. As for your defence, you'll need some kind of logical structure to your defence picking out the key points to argue in court.

          You would also be wise submitting a subject access request to BH too and obtain all notes correspondence etc.

          Again, decisions need to be made quickly and not sat on.
          The problem is that I do indeed need a solicitor, but I have no idea about costs and all that.
          I live in Runcorn and I contacted all my local solicitors and they all deal with benefits, bailfs, wills and stuff like that - not one is interested in the case at all - I guess it's the area thing.
          I'll continue my researh today and later tomorrow, but it it seems that no one is willing to pursue this.
          I'm a computer/marketing guy who's never broken any laws and I have no idea about all the legal jargon and how to
          I'm happy to proceed with all that but I can't afford 3-5K for a lawyer at the moment.
          Can anyone point me in the direction of a decent attorney in the North West region - Liverpool or the surrounding areas?
          I'm happy to sue them for all kinds of damages - no idea where to start and I have a lot of reading to do this evening.

          Comment


          • #6
            Originally posted by Chipsybg View Post

            The problem is that I do indeed need a solicitor, but I have no idea about costs and all that.
            I live in Runcorn and I contacted all my local solicitors and they all deal with benefits, bailfs, wills and stuff like that - not one is interested in the case at all - I guess it's the area thing.
            I'll continue my researh today and later tomorrow, but it it seems that no one is willing to pursue this.
            I'm a computer/marketing guy who's never broken any laws and I have no idea about all the legal jargon and how to
            I'm happy to proceed with all that but I can't afford 3-5K for a lawyer at the moment.
            Can anyone point me in the direction of a decent attorney in the North West region - Liverpool or the surrounding areas?
            I'm happy to sue them for all kinds of damages - no idea where to start and I have a lot of reading to do this evening.
            You dont need a lawyer on your door step, the legal profession covers the whole country. I did Cooper which was in Plymouth, Harrison which was in North Wales, and Patterson which was in Sheffield. Lawyers travel all over the country nowadays mate

            Depending on the case, you may be able to get a no win no fee agreement. or a damages based agreement to fund the case , assuming you dont have legal expense insurance
            I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment


            • #7
              Originally posted by pt2537 View Post

              You dont need a lawyer on your door step, the legal profession covers the whole country. I did Cooper which was in Plymouth, Harrison which was in North Wales, and Patterson which was in Sheffield. Lawyers travel all over the country nowadays mate

              Depending on the case, you may be able to get a no win no fee agreement. or a damages based agreement to fund the case, assuming you don't have legal expense insurance
              Yeah, unfortunately, I don't have legal expense insurance.
              I would be really happy to talk to someone about no win - no fee or damages based agreement - I'm not after money, it's a matter of principle and I just want the whole thing to be over, honestly.
              I mean I can probably afford certain fees but I def don't have a few thousand or more for a proper court battle, especially with my damaged credit due to the whole situation.
              I'm happy to go after more damages if that will put a dent on Black Horse or prevent the same thing happening to other people in the future.

              Comment


              • #8
                Originally posted by Chipsybg View Post

                Yeah, unfortunately I don't have a legal expense insurance.
                I would be really happy to talk to someone about no win - no fee or damages based agreement - I'm not after money, it's a matter of principle and I just want the whole thing to be over, honestly.
                I mean I can probably afford certain fees but I def don't have a few thousand or more for a proper court battle, especially with my damaged creding due to the whole situation.
                There is one right in front of you...PT

                I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.
                Check out some useful guides below

                A guide to voluntary termination
                Seting aside a CCJ
                Completing an N180 Form

                - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                LEGAL DISCLAIMER
                Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

                Comment


                • #9
                  Originally posted by pt2537 View Post

                  You dont need a lawyer on your door step, the legal profession covers the whole country. I did Cooper which was in Plymouth, Harrison which was in North Wales, and Patterson which was in Sheffield. Lawyers travel all over the country nowadays mate

                  Depending on the case, you may be able to get a no win no fee agreement. or a damages based agreement to fund the case , assuming you dont have legal expense insurance
                  I've sent you an email, thanks!

                  Comment


                  • #10
                    Good lord they are in a world of trouble if you VT and they refused, Blackhorse are it seems holed below the waterline.
                    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                    If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

                    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                    You can also follow my blog on consumer credit here.

                    Comment

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