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

[newto]

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

I will do.

Did not receive a default notice but did get a copy of termination. Despite them saying they terminated I was able to make a payment online after receipt of this as I have continued to maintain the payments I arranged with them in a verbal agreement made over 12 months ago so not sure why they have done this.

[newto]

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

Would this be okay for a defence:

I dispute the amount given as the paid up sum as when I have calculated the payments made, taken from the credits to my account as per statements received by Black Horse, I get a different figure. They have also received a payment after issuing these proceedings and I will continue to make the payments we agreed on 26 September 2011 where I informed them that I was having difficulty meeting the monthly repayment and asked if I could extend my agreement to enable me to pay. I was told that there would be a 3 month trial and I was to make a payment of £166.47 by the 3rd October 2011 followed by an Installment of £129.75 by the 15th October and then monthly thereafter by the 15th of each month.

I have maintained the verbally agreed payments made with a lady called Aisha on 26 September 2011 so I dispute having the pay the costs in these proceedings as I do not see why this matter has been brought to court when I have continued to comply.

I also did not receive a default notice as it is claimed was sent by second class post.

Any advice is much appreciated

[miliitant]

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

do you have a hearing date yet in court

[newto]

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

It is set for 14th January

[miliitant]

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

well then, acknowledge the claim saying you will be defending in full and get that cpr 31.14 sent off by recorded delivery ASAP TO THE CLAIMANT

[newto]

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

I'll do that thank you. Would you mind having a quick read of the defense I have added to the post to see if it sounds ok and should I also mention in it that without my car I will have no job and will then not be able to pay other things, thanks

[newto]

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

I have been reading about the cpr request and have found that it is not applicable to cases that have been allocated to the small claims track and as this claim has been allocated a hearnig in January and is for less than 5K could someone please advise me if the defence I am proposing to submit would suffice.

Thank you in advance for your time

[Nikolai]

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

Until you file your defence, the case is not allocated to any of the three tracks, this is specifically covered in the CPR 31.14 request letter, which you must send now, do not delay.

[miliitant]

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

ERROR

[miliitant]

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

Give me till this evening as you must reply tomorrow at the latest

[Nikolai]

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

Would this be okay for a defence:

I dispute the amount given as the paid up sum as when I have calculated the payments made, taken from the credits to my account as per statements received by Black Horse, I get a different figure. They have also received a payment after issuing these proceedings and I will continue to make the payments we agreed on 26 September 2011 where I informed them that I was having difficulty meeting the monthly repayment and asked if I could extend my agreement to enable me to pay. I was told that there would be a 3 month trial and I was to make a payment of £166.47 by the 3rd October 2011 followed by an Installment of £129.75 by the 15th October and then monthly thereafter by the 15th of each month.

I have maintained the verbally agreed payments made with a lady called Aisha on 26 September 2011 so I dispute having the pay the costs in these proceedings as I do not see why this matter has been brought to court when I have continued to comply.

I also did not receive a default notice as it is claimed was sent by second class post.

Any advice is much appreciated

Try something along these lines:-

1. The original agreement of 4th March 2008 was varied on or about 26th September 2011 when the Claimant agreed that the balance then remaining due under the original agreement may be paid in the following manner:-

(i) Defendant to pay £166.47 by 3rd October 2011

(ii) Defendant to pay £129.75 by 15th October 2011

(iii) The outstanding balance to be paid by the Defendant by instalments of £129.75 commencing 15th November 2011 and continuing on the 15th of each month

2. The Defendant has complied with the varied agreement and has maintained the agreed payments of £129.75 to date.

3. In breach of the varied agreement the Claimant has commenced these proceedings yet continues to accept instalments of £129.75 from the Defendant.

4. The Defendant denies having received a Default Notice as referred to in the Particulars of Claim

5. The Defendant denies that he is in breach of the agreement as varied by the parties, and further denies that the Claimant is entitled to the return of the goods or to any monetary judgement.

Dated the....... day of November 2012

Statement of Truth

I believe that the facts stated in this Defence are true

Signed......


The statement of truth is probably pre-printed on the form in the response pack, but it is important so make sure.
If anyone has any suggestions or improvements, feel free.....

[newto]

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

Thank you so much for that, it sounds so much better than my draft.

I will be sending it by recorded delivery tomorrow as it has to be with the courts by Thursday and I confirmed this with the court.

Thank you so much to everyone on this site for all the help you give freely to those who need it most.

[Nikolai]

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

You're very welcome, spread the word!

[newto]

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

Recieved this response. What do you think we should do.

He did receive 1 copy of a modified agreement but did not return it as he was unsure about it so just continued with his payments.

Could we ask the court for a time order to pay as he is reluctant to sign any more agreements with anyone has had previous bad experiences

[newto]

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

Can anyone help with some advise on what do next please, thanks