Advice regarding Particulars of Claim needed, thanks - Black Horse HP

[newto]

I have attached a copy of the patriculars of the claim from Black Horse and wondered if someone could have a look at it and confirm for me are they asking for the return of the car as well as the money owed or is it one or the other, thanks

[miliitant]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

was the agreement a hire purchase or fixed sum loan

[newto]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

It was a HP agreement

[miliitant]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

do you have the default notice

[newto]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

Didn't get one although they sat they sent one 2nd class post. After reading through some posts I thought about sending SAR but as I have to reply to this claim within 14 days, I am not sure that it will help as I will not get it in time before having to respond

[SpringerSpaniel]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

If you send an Acknowledgement of Service, you get another 14days to file your defence.

[miliitant]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

what is the date on the claim form

[newto]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

The date on the front of the claim form from the court is 6 Nov

[SpringerSpaniel]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

You wold be wise to send an Acknowledgment of Service to the court tomorrow by Recorded Delivery

[newto]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

Woul that be to complete one of the blue forms included

[newto]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

Just googled acknowledgement of service and found it is the defence and counterclaim form that was sent out with the claim.

Their figures for the total paid can be disputed as it is about £180 less and that is going from their statements of payments I have made, also I contacted them Sep 2011 as I could not afford the repayments and came to an arrangement which I have maintained so I am not sure why they are doing this now.

I made a note of the date of the call and the person I spoke to so I can record those details in the defence also.

I do not dispute that I owe the money but I need the car for my job and if I have to give it back I will have no other income and then I would lose my home also and I have an 11 year old son who stays with me more often than his mum.

[Nikolai]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

It isn't the Defence and Counterclaim form - that's for later. What you must do now is return the Acknowledgment of Service form to the court indicating that you dispute ALL of the claim. This form you will find in the response pack that the court sent you with the claim form. It's only one sheet of A4, printed on both sides. Get this off to the court by the date required - it explains what you have to do in the documents you have received - it's not difficult. You then get another 14 days to file your defence at court.

[miliitant]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

send a cpr 31.14 request for a copy of the the default notice, termination notice, and agreement. you can also apply for a time order to pay the arrears and keep the car.

[newto]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

I have just spoke to the court and as the claim is for a return of goods, a reply has to be sent within 14 days, there is no aknowledgement of service for this type of claim and you have to submit the admission form and defence, their is no option to get longer

[miliitant]

Re: Advice regarding Particulars of Claim needed, thanks - Black Horse HP

yes, you have to acknowledge the claim and you will be refuting their application to the court for the return of the vehicle. It still has not been confirmed that the agreement has Been been terminated yet so section 90 CCA 1974 may apply. DID THE DEFAULT NOTICE JUST ASK FOR THE ARREARS OF FOR SUMS NOT YET DUE AS WELL. you realy do need to get that CPR 31.14 SENT TO BLACK HORSE DOUBLE TIME