Court Hearing 25th Feb...Help Please **WON** CASE STRUCK OUT

[illonavamp]

I've also uploaded a copy of the claimants witness statement, 2 pages.

[pt2537]

oh, well, the witness statements interesting,

a clear admission that what they sent was the credit agreement thats good, s172(1) CCA 1974 Consumer Credit Act 1974 (c. 39) - Statute Law Database kinda stuffs em and adds to our arguement

you need to get that amended defence in ASAP,

did you email it over to me last night? cos i havent got anything in my inbox this morning

[illonavamp]

My amendment is going in tonight on the way home from work. I have to drop it in when they are closed so I will drop it in and call them in the morning. I just can't get the time off to go in when they are open too much going on at work at the moment (worst timing actually but long story)

I probably also need to think about working out my costs too, before next hearing, since this has been going on since April 2006 I would guess it's a fair amount by now.

And yes, gh, I bloody hope so, I really REALLY want this to be over, without doubt this has been to most stressful two years of my life, I kid you not.

Right, off to bloody work.

[illonavamp]

Emailing it now while my pen drive's plugged in.

[illonavamp]

Sent.

[the main man]

An amended defence and all this paper work to find..... Ooohh I'd love to be a fly on that office wall when reality strikes

[illonavamp]

OK, application for amendment is IN.

[mrmarmite]

ok well done, now is the time to boot kids to bed crack a nice bottle of wine open,put on some peaceful chill out music, close your eyes and let your mind wonder off to another dimension where nothing matters,

hmmmm that not bad idea actually (goes off to get bottle of wine )

[mrmarmite]

anything happened from anyone yet?

[illonavamp]

Had letter from court yesterday to set date: "To hear application for amendment to defence"

18th April 2008

Sam

[pt2537]

Originally Posted by illonavamp

Had letter from court yesterday to set date: "To hear application for amendment to defence"

18th April 2008

Sam

OOOOOO interesting, so its at a hearing then, ok, well,lets keep fingers crossed and hope that the judge accepts the defence

[illonavamp]

Will this be a 'proper' hearing like last time?

Do you think the claimant will be there?

Is the claimant likely to object to the application or have any influence over it?

Anything else I should prepare for for this?

Sam

[pt2537]

if its an application hearing its unlikely it will be, however, ALWAYS be prepared for the unexpected so to speak. the other side may turn up they may not

[illonavamp]

Re-reading the stuff pt gave me,

This might actually sound like an incredibly silly question, but where exactly IS schedule 3?

I keep seeing references to it but haven't actually found it yet. Since my entire defence is based around it I'd like to print it off so I can sleep with it under my pillow.

Thanks

Sam

[illonavamp]

Strike that I found it.

[illonavamp]

Ok, so hearing noon tomorrow at Basingstoke.

I'm spending today going over my application. Just wondering how I should handle myself tomorrow, as I feel that at the 25th Feb hearing I wasn't very prepared for counter-arguments and that's where I fell on my butt.

I'm just wondering, (silly questions)
- how I open the conversation about my amended defence
- whether I explain it's different to the last one or the same, just with case law to back it up
- how I answer a question like 'why wasn't this raised last time'
- how I answer a question like 'why did you submit this amendment'
- Which points of my defence I should raise first?
- Should I read out my defence verbatim?
- How do I steer conversations back to the points in my defence?
- What to do if the claimant shows up with a leaflet saying 'these are the terms and conditions she was given at the time' - However, I plan to keep pointing to the fact that the prescribed terms must be stated on the signed document and not on any separate piece of paper.

And I've read and re-read the stuff pt sent me, I know he's busy but could someone point me to the specific piece of law that says

- the terms must be in the signed document
- the document that has 127(3) in it - I've looked and looked.

Also, I'm guessing I'm going to be asked about costs in this matter tomorrow, since this has been going on since April 2006 (when the dispute started) and I've had about 5 days off for preparation/research/hearings etc, is there a document around here that outlines reasonable costs?

Thanks, wish me luck. I'm getting that sick feeling again but trying to hold it together.



Sam