Thanks Wannabe I think I am on the right track now - reluctant to post what I have written on here in case The Enemy is watching ha ha ya never know!!!!. I have found the case law you mentioned and just for everyone's benefit I found the following site if googled invaluable CHECK-MY-DEBT Live a Debt Free Life - Case Law Links Not sure on my defence part wether I reiterate what i said in court and wether to volunteer my husband as a witness if required. Also uncertain as to how I present the info and wether to sell myself as the law abiding citizen I am ????? If ok with you I will email you later with what I have put together overnight . Cant tell you how grateful I am for your support oops I just did x

When questioned in the court I admmitted no liability but when asked if I had the vehicle I admmitted I did as it was the family car - the company would not assure me I had ownership of the vehicle if I made the payments.

Hi Wannabe sounds like my night ...... yes the action is against ME not my husband. I explained the facts that while I was on a test drive my husband signed the Agreement in my abscence and without my knowlege, I signed the sales invoice and having handed my vehicle over as deposit (no outstanding HP) I thought that was part in it, my husband also signed the direct debit mandate but I did not know it was in my name until I had cause to check the documents on our seperation (reconciled since) xxx

I'm looking for help in particular with finding page 1436 of the new White book - index of Woodchester case and in particular the court of appeal decsion Woodchester Lease Management Services v SW Shane and reports 263. Also anything on tort in relation to my NOT signing the Agreement. In relation to the Default and in addition to the incorrect amount can anyone tell me that having had the Agreement terminated in Nov 2007 but allowed to pay the arrears afterwards having involved Trading Standards is there anything further the company should have done to unterminate the agreement which would render the default unenforceable in any case ? The company terminated phonecalls before and after my paying the arrears but the Judge did not give recognition to this as that was a seperate default notice BUT I had nothing to say it was unterminated thanks

sorry do you have the lengthy court description I posted a short while ago ?

Thank you

sorry I'm hoping the outcome will be that the Agreement is deemed unenforceable as I didn't sign it and the very least the default will be deemed the same altho I dont know if they can reissue or pursue my husband

Hi Wannabe , I have just wrote a lengthy post on how the hearing went but I cant see it ?? Yes you are correct that's exactly as I understand it to be - she said she would consider the hearing but only to submit what she has permitted which is the default and agreement issue. She said to address issues arising from the amount of default (de Minimus) to attach page 1436 of the new white book index of Wood Chester particularly the court of appeal descion and reports 263, conversion tort on signing agreement (think that was to the other side). I am overwhelmed by it all tbh, this is not my forte although the Judge did comment that I had done pretty well considering (not sure how to take that really) . At one point it seemed highly likely she was throwing it out on the Wood Chester part but the minimus thing swayed her from my understanding. What do you think Wannabe ? regards

Hi All I originally posted my case on here (dont know how to link) which went to court yesterday. The case is between myself and RFS original thread 'Girl without a clue'. What was originally allocated 3 hours turned into double that, I put up a good fight but faltered on not understanding what was expected of me in court (CANNOT believe that as I didn't put the 'Acts, etc verbally to the courts that my defence meant nothing ) when I realised at the conclusion of the hearing the judge did give recognition to my representing myself and much to the claimants annoyance I was permitted as were they to serve written closing submissions limited to issues I had brought up and included in my written defence (whick i niavely thought the Judge would read prior to the hearing - obviously NOT !!!) (Issue 1) Default Notice - I proved in court that the default notice included one extra payment and it looked promising as I had referred to the Wood chester case however the Judge has asked that I address the 'minimus' issue I understand this to be the affect and consequences (Issue 2) Signing of the Agreement - I was questioned at great length regarding this as I did not sign however as I did not quote the Acts, etc the Judge said this matter had been addressed (not in my favour in my judgement) THANKFULLY I was granted permission to include this in my written closing submision within 14 days The claimant also has the same permission and I hope someone may be able to help in my last stab at this. Thank you for reading any questions I'm glad to answer but pretty useless at uploading docs etc ..... even a good luck would be appreciated

Hi Citizen , thank you for the reply I'm sorry I didn't respond at the time but I lost the will to address this sorry business and find the site hard to get around . I attended court yesterday for what was meant to be a 3 hour hearing which ran into its 6th. Would like to update fellow caggers particularly on the set up of defending yaself as I almost LOST because I did not know what was expected of me. I also hope to gain final advice regarding written closing submmission. Could you or anyone reading this advise how to bring this to everyones attention Many thanks and again apologies

Thanks Middenmess reallly appreciated

Hi All I went to court on this one and feel totally wiped out with it all. I was given 7 days to submit a new revised defence but the District Judge commented I would be foolish - sarcastically asked if I still had the car as though I have a cheek. Consent order was granted for RCI to be the claimant . I just google RFS and found a thread by jkspepper 17th Jan 2008 @2256. I found it interesting and wondered if anyone was free to advise / marry the 2 threads please. I dont know if my defence already submmitted does me any favours as it is. I am at a loss as to what to do next .

Hi I noticed this thread just by googling RFS - new to the site but wondered if there was a way of my using the details from the above customer services manager at the start of this thread for my case which I have 7 days (3 left) to submit a revised defence ???? My original post is Girl without a Clue. I atteneded court a couple of days ago as I would not give consent to amended Particulars of Claim - the Judge granted the request and advised I was foolish in incurring thousands in charges should the court find in the claimants favour in September. I will not receive the claimants defence until 2 weeks prioir to the final hearing.

Thank you Middenmess sorry to ask but how do I do that

Bumo ?????????????

Middenmess BUMP ?

In court tommorow on this one - the claimant wishes to have the name of company/ownership changed in the particulars of claim. I could have signed and posted the documents back but I dont trust the company therefore would rather do it through the courts. Could the judge go into the whole case or will this be a 10 minute jobby with the allocated hearing 17th September being the full depth hearing ???? The Mould has kindly been looking at my documents and in the process of determining if theres any advice but quite busy with other cases so wondered if anyone can offer support for tommorow.

Hi The Mould First court appearance I verbally explained my defence and was advised to submit a defence file. Second appearance court did not have the defence file I submitted and directed the claimant that a longer hearing would be needed as case has more factors than first appeared therefore the case has been adjourned twice the date set for hearing now being 17/09/2110. Not seen anything regarding Summary Judgement Only documents I am aware of that the claimant is relying on is the Default Notice and Termination Notice Total Amount outstanding as at 19 October 2009 being £ 7,417.94 Claimants statement of costs profit and disbursements Grand Total £3,284.50 Proceedings have beeon adjourned to 17th Sept The offer made by the claimant was to make payments secured by way of suspended return of goods. The amount being £11,840.53 My defence includes the following 1.Printout from Trading Standards Officer ( confirms intervention Dec 08 when the firm would not accept payment) 2. Legal 1 Solicitors Letter to the claimant (their assessment of the loan agreement which they claim confirmsthat is defective in the following ways ...) 3.HP Agreemnent ( I didn't sign - my husband did) 4.Claimants letters 5.Summary Of Interest June 07 ( which I disagreed with and was the start of the dispute) 6.Letters, emails sentJune 07 to the claimants directors, financial services regarding the company not accepting payments and changing amount due - being obstructive and my willingness to pay 7. Claimants consultant reply 04/12/07 Hope this helps Thank You The Mould

Hi The Mould are you able to view the thumbnails I have put on as its the only way I'm able to scan and upload ??? thanks

thanks kiptower - i'm on it now but somehow when I scan docs they are being saved as thumbnails ????? , thanks x

??

Oh don't be daft The Mould I found it quite funny , thank you for your kind words though all is well now but I am quite passionate at the lack of compassionfrom the company despite sending death certificate, etc. I have tried to upload docs but showing only as thumbnails - computers are not my forte . Hope its something nice you're busy with and hopefully will speak again. THANKS x

sorry was a respectful request , did only mean if you were free , thanks anyway .....

tried but too lengthy and wasn't free .....

Will do, thanks for that