We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
Ppi-black horse-dfs-county court!
mandiesnackz
Posts: 34 Forumite
Its a bit of a long one this so apologies and thank you for taking the time still!:beer:
Black Horse, Dfs, PPI and a 3 year court case!
Hello all
On 5/05/2004 my partner ordered a leather suite from DFS.
It was to be delivered to his ex's house.
They split up a couple of days later.
He called Dfs to explain and to see if he could cancel the order - he asked that if this was not possible could they call him back and he would have to sort out it being delivered to his mother’s house instead!
He did not hear back from them! (Silly man I know, for not following it up but I was not around then to get on at him!)
He then got a contract working 100 miles away.
The suite got delivered to his ex's house which she happily signed for and took delivery.
He continued to work away through till mid 2006.
The sofa was purchased on a pay in a year’s time deal so he did not know that they had delivered the suite at all! It was when his ex sent him a taunting text saying what a lovely new suite she had that he was made aware that she had them! He instructed a solicitor to try and get the sofas back from her along with some of his works tools which she refused to give him but did not get anywhere! The solicitor wrote letters but whilst he was working away he could not continue to take her through the courts. During the time that the solicitor was sending letters to his ex my partner called Dfs and explained there mistake and they even sent him out paperwork with the delivery details on to assist him with his case of trying to reclaim the items as he was now going to be left to pay for a suite he had never even sat on!
The first instalment for the suite was taken out of his bank account on 4/5/05. He was on quite good money at the time and as he was working away he didn't know what he could do at the time in the situation he was in so had to just watch the money leave his account each month!
His contract came to an end and he stayed away for a further month as he met me!
We decided to move back to the area he was from as he has kids up there so in the August we moved back. Due to me completely moving and him moving back we used our monies to rent a property, pay a deposit, move and then live off for about a month until we found work.
I started to work first and it was a week or too longer until he started working!
Whilst we were out of work he started to get charges from his bank for going over his overdraft. It was then that we both sat down and went through his bank statements to see what we could do. I asked to see the contract for the sofa and he told me that he did not have one.
The payments had to be cancelled because there simply was no money to pay for them!
Black Horse was the finance company that Dfs had used for the agreement and after we received some letters from them I called them to explain the situation and was told that there was nothing that they could do! I asked them to send us a copy of the agreement which they did!
It was then that I noticed that he was sold PPI as part of the finance £295.00 of the total £2186.00 finance!
So I called them again and explained that he knows he is being forced to pay for something he never had but as he was out of work at the moment could he claim on the PPI?
But was told no as he is self employed so the PPI would not cover him!
April 2007 Black Horse filed a small claims case against my partner for default on the agreement. Paperwork has exchanged between courts and us.
July 2007 the defence was struck out with no hearing! – We had not yet filed a defence as we had not been asked for 1!
I called I research and looked over and over the contract and I noticed some other errors too!
The agreement was made on the 5/5/2004 which is when the agreement was stamped!
The sales person signature is not dated until the 1/5/05 a year after the contract was supposed to be filed!
The witness for the contract has then signed and dated it 7/5/04???
So the witness – witnessed it 2 days after it was made and the salesperson didn’t complete the form till a year later when I can say for sure my partner was definitely not still in the store!
The contract also states that my partner was not at the address they delivered to at the time when the contract was filed in and it is clearly marked that he is self employed so why had the sold him PPI?
I called the legal advice line that sent me though some paperwork laying it out for me in the correct legal jargon!
Since the start of the case paperwork has been sent back and force right up till Jan 2010!
A notice of warrant of execution arrived in august 2007. But we applied to have the judgement set aside and to also bring in Dfs with a Part 20 claim so we attended a hearing for this in October 2007 no one else turned.
In June 2008We attended a hearing and a solicitor for black horse came and they asked for the order to be reinstated but the judge declined.
We spoke with the solicitor after the hearing and he agreed that Dfs had made some errors!
Further paperwork’s exchanged then a hearing was finally set for August 2008.
We were the only party to show up again and the judge said he would therefore reschedule. He ordered all paperwork’s to be exchanged by 15/9/09
We did not receive any paperwork from Dfs but we did get paperwork from black horse that had now changed their witness statements and defence to request repayment from Dfs instead of us when we were not ordered to pay.
22/9/2010= black horse request an adjournment so that Dfs could have longer to prepare their defence and witness statements.
25/11/2010- we all attended court but we had still not received any paperwork from Dfs so the judge made us exchange paperwork and adjourned again till sometime in Jan. The judge mentioned that it was interesting as our main defence was misrepresentation due to the PPI and it was going through the high court at present!
19/01/2010- called the court as we had still not received a hearing date and was told that there had not been one set yet but that we would receive the date via the post.
29/01/2010 – received a letter from Dfs requesting payment of £198.00 cost or interest would be added!
16/02/2010- received paperwork from the court stating that the hearing had taken place on 27/01/2010. It said that Black horse and Dfs showed but that we did not and we lost the case. My partner called Black horse and they told us that they did not attend the hearing either even though the judgement states that they did!
I called the court explained that we had no date for the hearing which was why we had not attend and told to put it in letter to the court which I did!
12/03/2010- 3 letters arrive
1. A reply from the court that the hearing date was sent and not returned so tough basically!
2. Received a notice of issue to warrant of execution to pay £1902.44 by 10/3 – 3 days prior to receiving the letter.
3. A final notice to pay full amount by 15th or the bailiffs will be round to remove our goods!
Both my partner and myself where out of work last year. I started back on 11/01 and we are worse off that when we were on benefits!
We don’t have that kind of money so we now have to file a N245 because the order is against my partner whose income is actually 0 at the moment as I am supposed to support him!
I’m fed up with the whole situation
We never received the goods
We were miss-sold the policy we complied with every court order, attended every hearing and sent all paperwork on time!
The other parties didn’t attend when hearing were set or send paperwork on time!
Then we lose the case because we didn’t know about it!
3 years I have worked on this just to be told that it’s tough!
My partner has no work so has no reason to not attend a hearing had we known about it!
The other parties did not comply with orders and when the failed to show it was adjourned, when we are notified they continue without giving us the chance to defend!
If they had attended previous hearing we could have resolve this, years ago and our defence would have stood now we were looked at as if we jumped on a band wagon trying to get something for nothing which the judge did not like!
Truth is we got nothing and lost £3000.00 so far by the time we have sorted this bill if things don’t improve we will also lose our flat as we are struggling to pay the rent as it!
Is there anything we can do it’s just so unfair?
To top it all off the council sent bailiff round too last week for non payment of council tax! We were having monies deducted from out benefits and since I was back to work I paid a couple of £20 payment as we awaited a bill and didn’t get 1, when I called to explain I was told it had been hand delivered by someone from the office but when I told her it never reached me I was told to complain to royal mail???:(
Already have a case against royal mail too as they have lost/stolen a phone which t-mobile sent us in error the post office lady confirmed she had taken it and put it in the bag for collection so they know its someone there that has lost or stolen it but are in no rush to resolve this and whilst its being ‘investigated we have been billed over £500 worth of charges for a line we don’t use and a phone we don’t have while the look into it so far it’s taken 5 months!
I have no faith anymore sorry to ramble on but I have had enough...really do feel like giving up!
I guess that their is nothing I can do but thank you for letting me rant
Black Horse, Dfs, PPI and a 3 year court case!
Hello all
On 5/05/2004 my partner ordered a leather suite from DFS.
It was to be delivered to his ex's house.
They split up a couple of days later.
He called Dfs to explain and to see if he could cancel the order - he asked that if this was not possible could they call him back and he would have to sort out it being delivered to his mother’s house instead!
He did not hear back from them! (Silly man I know, for not following it up but I was not around then to get on at him!)
He then got a contract working 100 miles away.
The suite got delivered to his ex's house which she happily signed for and took delivery.
He continued to work away through till mid 2006.
The sofa was purchased on a pay in a year’s time deal so he did not know that they had delivered the suite at all! It was when his ex sent him a taunting text saying what a lovely new suite she had that he was made aware that she had them! He instructed a solicitor to try and get the sofas back from her along with some of his works tools which she refused to give him but did not get anywhere! The solicitor wrote letters but whilst he was working away he could not continue to take her through the courts. During the time that the solicitor was sending letters to his ex my partner called Dfs and explained there mistake and they even sent him out paperwork with the delivery details on to assist him with his case of trying to reclaim the items as he was now going to be left to pay for a suite he had never even sat on!
The first instalment for the suite was taken out of his bank account on 4/5/05. He was on quite good money at the time and as he was working away he didn't know what he could do at the time in the situation he was in so had to just watch the money leave his account each month!
His contract came to an end and he stayed away for a further month as he met me!
We decided to move back to the area he was from as he has kids up there so in the August we moved back. Due to me completely moving and him moving back we used our monies to rent a property, pay a deposit, move and then live off for about a month until we found work.
I started to work first and it was a week or too longer until he started working!
Whilst we were out of work he started to get charges from his bank for going over his overdraft. It was then that we both sat down and went through his bank statements to see what we could do. I asked to see the contract for the sofa and he told me that he did not have one.
The payments had to be cancelled because there simply was no money to pay for them!
Black Horse was the finance company that Dfs had used for the agreement and after we received some letters from them I called them to explain the situation and was told that there was nothing that they could do! I asked them to send us a copy of the agreement which they did!
It was then that I noticed that he was sold PPI as part of the finance £295.00 of the total £2186.00 finance!
So I called them again and explained that he knows he is being forced to pay for something he never had but as he was out of work at the moment could he claim on the PPI?
But was told no as he is self employed so the PPI would not cover him!
April 2007 Black Horse filed a small claims case against my partner for default on the agreement. Paperwork has exchanged between courts and us.
July 2007 the defence was struck out with no hearing! – We had not yet filed a defence as we had not been asked for 1!
I called I research and looked over and over the contract and I noticed some other errors too!
The agreement was made on the 5/5/2004 which is when the agreement was stamped!
The sales person signature is not dated until the 1/5/05 a year after the contract was supposed to be filed!
The witness for the contract has then signed and dated it 7/5/04???
So the witness – witnessed it 2 days after it was made and the salesperson didn’t complete the form till a year later when I can say for sure my partner was definitely not still in the store!
The contract also states that my partner was not at the address they delivered to at the time when the contract was filed in and it is clearly marked that he is self employed so why had the sold him PPI?
I called the legal advice line that sent me though some paperwork laying it out for me in the correct legal jargon!
Since the start of the case paperwork has been sent back and force right up till Jan 2010!
A notice of warrant of execution arrived in august 2007. But we applied to have the judgement set aside and to also bring in Dfs with a Part 20 claim so we attended a hearing for this in October 2007 no one else turned.
In June 2008We attended a hearing and a solicitor for black horse came and they asked for the order to be reinstated but the judge declined.
We spoke with the solicitor after the hearing and he agreed that Dfs had made some errors!
Further paperwork’s exchanged then a hearing was finally set for August 2008.
We were the only party to show up again and the judge said he would therefore reschedule. He ordered all paperwork’s to be exchanged by 15/9/09
We did not receive any paperwork from Dfs but we did get paperwork from black horse that had now changed their witness statements and defence to request repayment from Dfs instead of us when we were not ordered to pay.
22/9/2010= black horse request an adjournment so that Dfs could have longer to prepare their defence and witness statements.
25/11/2010- we all attended court but we had still not received any paperwork from Dfs so the judge made us exchange paperwork and adjourned again till sometime in Jan. The judge mentioned that it was interesting as our main defence was misrepresentation due to the PPI and it was going through the high court at present!
19/01/2010- called the court as we had still not received a hearing date and was told that there had not been one set yet but that we would receive the date via the post.
29/01/2010 – received a letter from Dfs requesting payment of £198.00 cost or interest would be added!
16/02/2010- received paperwork from the court stating that the hearing had taken place on 27/01/2010. It said that Black horse and Dfs showed but that we did not and we lost the case. My partner called Black horse and they told us that they did not attend the hearing either even though the judgement states that they did!
I called the court explained that we had no date for the hearing which was why we had not attend and told to put it in letter to the court which I did!
12/03/2010- 3 letters arrive
1. A reply from the court that the hearing date was sent and not returned so tough basically!
2. Received a notice of issue to warrant of execution to pay £1902.44 by 10/3 – 3 days prior to receiving the letter.
3. A final notice to pay full amount by 15th or the bailiffs will be round to remove our goods!
Both my partner and myself where out of work last year. I started back on 11/01 and we are worse off that when we were on benefits!
We don’t have that kind of money so we now have to file a N245 because the order is against my partner whose income is actually 0 at the moment as I am supposed to support him!
I’m fed up with the whole situation
We never received the goods
We were miss-sold the policy we complied with every court order, attended every hearing and sent all paperwork on time!
The other parties didn’t attend when hearing were set or send paperwork on time!
Then we lose the case because we didn’t know about it!
3 years I have worked on this just to be told that it’s tough!
My partner has no work so has no reason to not attend a hearing had we known about it!
The other parties did not comply with orders and when the failed to show it was adjourned, when we are notified they continue without giving us the chance to defend!
If they had attended previous hearing we could have resolve this, years ago and our defence would have stood now we were looked at as if we jumped on a band wagon trying to get something for nothing which the judge did not like!
Truth is we got nothing and lost £3000.00 so far by the time we have sorted this bill if things don’t improve we will also lose our flat as we are struggling to pay the rent as it!
Is there anything we can do it’s just so unfair?
To top it all off the council sent bailiff round too last week for non payment of council tax! We were having monies deducted from out benefits and since I was back to work I paid a couple of £20 payment as we awaited a bill and didn’t get 1, when I called to explain I was told it had been hand delivered by someone from the office but when I told her it never reached me I was told to complain to royal mail???:(
Already have a case against royal mail too as they have lost/stolen a phone which t-mobile sent us in error the post office lady confirmed she had taken it and put it in the bag for collection so they know its someone there that has lost or stolen it but are in no rush to resolve this and whilst its being ‘investigated we have been billed over £500 worth of charges for a line we don’t use and a phone we don’t have while the look into it so far it’s taken 5 months!
I have no faith anymore sorry to ramble on but I have had enough...really do feel like giving up!
I guess that their is nothing I can do but thank you for letting me rant
0
Comments
-
Forgot to mention that although the court has stated that they sent the hearing date they also told me that 1 had not been set when I called! I also received someone else case with some of my paper work before not only a major breach in confidentiality but prove they do make mistakes!0
-
O.k spoke to legal advice line and have been told to file an N244 application notice to have the judgment set aside! I feel like I've done this before - oh yes I did 2 years ago! Oh well here I go again!:undecided0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 350.2K Banking & Borrowing
- 252.8K Reduce Debt & Boost Income
- 453.2K Spending & Discounts
- 243.2K Work, Benefits & Business
- 597.6K Mortgages, Homes & Bills
- 176.5K Life & Family
- 256.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards