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missjj

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  1. Thanks andyorch for having a look, I couldn't make the figures agree on the first page, plus I didn't receive any notifications or default and I'm unsure of the original cost as the agreement I have is what was sent me, I signed the 2nd page I thought that I had to sign the same page as the T & Cs's, the company has never produced the original, maybe I am clutching at straws but I don't feel that my offer of £2 per week would be accepted (I'm on benefits) plus I am worried that they will legally be able to come into my house (I live alone) and take the TV and I will still have a CCJ, up until a few months ago I managed to keep up with all my payments to my creditors and my unenforceability claim was not to get out of paying but to avoid the above and to be able to agree to a realistic cost for the TV to be repaid at a affordable rate for me. I am going to look at the link you advised, thank you again
  2. Yes I believe so, I was not quite sure of how much it was until now, I just made the payments, I have paid £761.00 so far, at the first hearing I offered to pay £218.99 to make it up to £979.99 which was what the TV cost according to the agreement saying that I had seen the same model for sale advertised for £275.00 (new). My initial defence I wrote on the court form, I can copy it out word for word on here if it helps.
  3. This agreement was returned to me on 3 separate pages, this is a copy of the original that I kept, I should have requested their copy before the first hearing but stupidly I left everything to the very last minute, thanks again
  4. Yes andyorch, scanned below
  5. When the judge adjourned it the first time the claimant told the judge they would send proof of default notice, I don't remember the judge ordering them to do so but they sent me a copy of a default notice dated 04.12.14 Notice of intended court action dated 16.01.15 Notice of intention to commence proceedings dated 09.02.15 This was the first time I had seen these documents, I have never received these notices, none of them, all the contact I had from the company was one of their big burly representatives down pressing my doorbell, hammering on my door and front window, I did not answer as I was too frightened, this happened a few times, the last time I answered my door as it was a Saturday (7th Feb), their rep asked me why i'ld stopped paying, I told him that I was not working due to illness and could not afford the repayments he said to just let him take the TV, I refused as I had repaid a considerable sum, he said that I need either to pay up or let him take the TV, I said I couldn't afford to pay the whole amount and (to end the doorstep discussion and without thinking) I said they could take me to court. I had informed the court of this in my initial defence along with the difficulties I had been experiencing in my personal life, I told the court at the first hearing that I was at fault for not dealing with this sooner, I was sorry, it was and has been an extremely difficult time, I had other debtors chasing me and had not dealt with any of them and 'put my head in the sand' I was looking into going bankrupt as a last measure, I am very low. The judge did not take any of this into consideration but thankfully adjourned it because of my unenforceability claim. Sorry for the long post, thanks again
  6. This is their response to my first statement
  7. No I didn't I'm afraid, i left everything to the last minute
  8. I will scan it properly andyorch Mikeymach2002 No I didn't, i really did leave it to last minute I'm afraid, they didn't include a copy with their court papers and the court took a copy of mine and gave them it at the first hearing
  9. No andyorch, I don't think so, only court papers I received were from my local
  10. This was their reply to my first letter
  11. The court was my local court,
  12. Sorry forgot to add, all their particulars of claim said was " return of TV" nothing else, no documents with court papers or anything from the company, I will post their reply to my 1st defence next
  13. Hi here are the uploads (I hope this time)
  14. Thanks andyorch, I will scan it in
  15. Yes it does, I thought that, maybe the judge assumed it was straightforward as he only allowed 5 minutes for the case to be heard, when he adjourned it he again said that the next hearing would last 5 minutes, this time he has said that he will allow 30 minutes for the next hearing. The first trial was just a hearing, my first defence was not well drafted by me I will admit and I only submitted it at the last moment which probably didn't look good on my behalf, after the first hearing I did receive copies of the LBA and the DF (which was the first time I had seen them) and after I had submitted my statement to the court and the claimant as ordered I received a statement from the claimant refuting mine (this was not in the order for them to do this), I submitted a further statement in response to this. One thing that has stuck in my mind and I feel uncomfortable about is when I was sat in the court the last time, before the judge adjourned it (again) the judge jokingly said " ah well, at least you get to keep the TV for a bit longer", I think he saw by my face that I was a bit shocked and added hastily "I'm just joking " which makes me think his judgment is a foregone conclusion!!! It has made me realise just how 'green' I am, I wish I had asked for help on here sooner, initially I was not going to go to court but after research and thought I had good grounds for defence. I'm happy to pm anyone what I've done so far but I was a bit worried about posting too much information on the forum, thank you again for your advice
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