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  1. also, today I've received a witness statement from the solicitors. I really do need some help now
  2. -also, I've just received notification in the post of a 'change of solicitors' they were acting for themselves and didn't turn up for the last hearing, but they have now appointed local solicitors
  3. I've just phoned the court, they said that because the judge hasn't ordered anything I don't necessarily need a witness statement, but if I felt that it helped then I could send one. I think I might send one, mainly to get it all down on paper and to help me too, if I see it all written down then I'll probably be straighter in my head with it all !!! Is there any particular format that I should follow when doing the statement? I'm going to write to the claimant too to ask for the original dn and tn, so that I can send that letter into court too, as they're obviously trying to pretend it doesn't exist.
  4. Thanks CitizenB ! I missed two payments, but I paid one by debit card and I couldn't catch up with the other one, so it was outstanding for 4 months before they sent the DN and then they terminated. The new hearing date is 12th January. I'm not sure about the witness statement and what date it needs to be in, I don't seem to have been sent any info about what to do and when, which is why I'm so confused. I really don't want to make a mistake, but seem to be going round in circles reading other threads etc. I was thinking of sending another letter to the claimant asking for copies of the original dn and tn???
  5. yes, of course you can ask! It's a conditional sale, does that make a difference?
  6. Hiya all, I have a hearing date in January for a return of goods order (car). I would be extremely grateful if anyone could take a quick peek at my repossession thread and offer any advice. At the moment I feel a bit like a fish out of water and scared to death if I'm honest!!! http://www.consumeractiongroup.co.uk/forum/showthread.php?242171-repossesion Thanks a million!
  7. Thanks Emandcole, you have been brilliant. I will give you a brief update: I missed a payment in 2009 and was issued with a faulty dn, (The date of the dn is 24th December 2009 The date to comply before is 7th January 2010) they then terminated the account on 13th January and I sent the letter accepting the termination (post 34) and paid the arrears which were stated on the dodgy dn. after a few letters back and forth and a few default sums notices, they then sent a correct default notice in Sept, then they issued proceedings in the county court shortly after. They didn't send any document which they refered to in the poc, so I sent a cpr letter requesting these, but they only sent the correct dn (from sept) and not the original dn nor did they send the termination notice. I was away on the hearing date and sent the letter from ''post103'' didn't hear anything from court until after the hearing when I received notice (N24) that the hearing has been adjourned until january and that no one turned up from either party. hope this helps, just give me a shout if you need more info?
  8. Should I send the claimant a letter asking for the original dn and tn?
  9. yes, I'm really happy about that emandcole, but the nerves are kicking in a bit now, I will do my best on the day but really hope for a bit of help and guidance on here to get me on track!!!
  10. Hiya all, good news - the matter has been adjourned until January No representative for the claimant turned up either!
  11. Hi all, I'm still in the states, I'm back on Friday so will be interested to see what's in the post! I'll let you know as soon as I get back. Thanks Citizen B, I may need help to put in an appeal or hopefully they adjourned the hearing! Thanks emandcole, but I had already sent that letter without the ammendment!
  12. Thanks Ell-en, I'm going to hand deliver this letter to the court now:- I am writing to request that the hearing on 16th November 2010 is adjourned. as I am out of the country until 25th November 2010 and therefore will not be able to attend on that date. I was not given an allocation questionnaire in this matter and therefore I was not asked if there were any dates that I would be unavailable to attend on. I feel that had this date been worked out with my input then this would have been unavoidable. As it stands, there has been limited feedback from the court to myself in this matter and the claimant has not made available basic but essential documentation. I enclose a copy of the Civil Procedure Rules Part 31.14 letter which was sent to the Claimant, on 14th October. The Claimant has failed to disclose all documents referred to in their particulars of claim. I requested the two Default Notices which were issued and the Termination Notice however only one Default Notice was supplied to me, and no Termination Notice. I would now respectfully ask that the court intervenes on my behalf and ensures that the claimant supplies all relevant documents to me. I feel that the claimant is deliberately withholding these documents due to the fact that the original Default Notice is invalid and the account was subsequently terminated. They confirmed the termination to me in writing, but have now unilaterally reinstated the agreement in order to serve a new Default Notice. As the defendant I have been left in a confused state as to the nature of the terminated/un-terminated agreement and feel that my contractual rights have been pushed aside. I would appreciate the claimant explaining exactly what it is they are and have been doing as their actions, contrary to the CCA established to protect my rights against unruly creditors, have now caused prejudice against me I am registered disabled and recently I have a had a prolonged period of bad health which has required hospital treatment and I also have a registered disabled 7 year old daughter that has serious behavioural problems and with whom I get very little help. This unfortunate circumstance in my personal life means that I don’t always have enough time, strength or ability to act immediately on matters as and when they arise and being a Litigant in person, I am unfamiliar with the procedure and therefore at a disadvantage and feel I have certainly not been given the support in order to ensure this claim is fairly managed and heard. I shall be seeking to make an application for an order that this action is struck out if the claimant refuses to supply me with the original Default Notice and subsequent Termination Notice. I await further instruction from the Court on this matter.
  13. If they don't send out an aq, then surely it's biased towards the claimant, they could've known I was going away and set if for that time accordingly. (I doubt they do, but hypothetically speaking) I think I'll still send the letter tomorrow but just ammend the bit about the aq ??????
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