how do i adjourn my case

[elliej1981]

Hiya, Really helping someone can help me. We attended court on 30/06 re a SD, the case was adjourned as we were awaiting a SAR and CCA, and in addition Largo didn't really have any of their paper work sorted. We are now due back in court in 2 weeks time, but Largo still have responded to the request for the CCA. They are now in default so i have written a letter tonight (well used one of the brilliant ones from here) But im really paniking now, as what do i do if they dont respond? I really dont want to go to court again, the judge said that unless i came up with a better defence then he'd rule in Largos favour and id have to pay court costs. Thankyou ever so much for reading xx

[Vikingbird]

Not sure if it'll be the same for you, but when I tried to adjourn my hearing (as I'm still awaiting response to my S.A.R.) I was told I had to get consent from Largo. Well, I really couldn't be bothered with all that palaver. I'll just let my hearing go ahead as planned and it will likely be adjourned on the day, anyway. You could try to write to Largo stating your grounds for wanting to adjourn the hearing before you ask the court (who knows, they might agree), if it is the case that you need to get Largo's consent as well. I doubt they'll be able to cough up a valid credit agreement in any case so what difference would it make. If they had it they would have provided it already, wouldn't they? What was your actual defence then? What more could you add to it? Did you use any of the case law, relevant bits from other people's defences, quotes from the Consumer Credit Act etc that can be found on this forum in your defence? From what I've read on this forum, Largo won't have a leg to stand on without that elusive agreement. That is very much a defence in itself, I reckon. I'm sure someone far more experienced and qualified will be along soon who can advise you better on this, but we are sort of in the same boat here.

[elliej1981]

hiya vikingbird, thanks for your response. it was all a bit garbled on the day, we had received the SAR, and i told the judge that the debt was in dispute as one one debt more then 50% made up of charges which i have written to HSBC about. Due to the representative that Largo sent and the judge being quite pushy we didnt really have the oppotunity to mention the CCA. the thought of going back to court terrifies me.

[Vikingbird]

Did you submit a defence beforehand? Also, I'm sure I read in one of the Legal Successes threads that the dark side need to submit an affidavit as well for an SD set-aside hearing (just like I had to) and if they don't, they are not following court procedure. I might call the court to check if they have submitted anything yet. I'm worried the judge will be brusque, dismissive and pushy too. What if s/he doesn't bother reading my defence? I'm relying on my written defence completely as I know I'll be completely tongue-tied in court. It's only a few days away and I'm proper bricking it! And I'll be all alone too! Might bring a teddy bear for comfort.

[elliej1981]

i didnt complete a written defence last time. I received Largos a day before the case, and the court didnt have a copy. I havent managed to make any progress at all with my defence due to lack of CCA, so there i really would like the case adjourned.. just dont know if there are any special forms etc.

Good luck with your court hearing xx

[Vikingbird]

I suppose to do it the "proper" way you have to fill in a form (think it's called N244 or N422 or something like that) but then there will be a fee to pay. My local court said it was £40. I refused to pay that so I just e-mailed them my request. It was denied because I had not had consent from the dark side. So, in effect, my defence is based on no CCA being received. I am fairly confident that this is still going to be the case on the day of the hearing. They only have a few days left in which to produce the goods and it's looking less and less likely as the deadline looms. If I were you I'd start to compile a defence based on no CCA. At least you'd have something prepared to bring with you which will still be valid on the day of the hearing in the event of no CCA. 42man has sent me some excellent bits to use in such a defence (have a look at some of his posts on my "Hearing to have SD set aside thread" under "Legal Issues"). I compiled my defence based on these and just edited out the bits I didn't think were relevant to me and my case. It still ended up being 12 pages long;)! It's good for you that they haven't provided you with a CCA. If they did, you'd have to think of something else to use in your defence. When does your CCA or S.A.R. deadline expire?

[elliej1981]

hiya, yes i saw the response on your thread, and have copied it into word. I suppose it's about time i submit it soon as courts in two weeks. I have the SAR's, just no CCA's, the deadline expired on the 17th of July, so they've had the 14 working days and the additional 40 days, and nothing. I've written to them today via recorded delivery to highlight the fact the the debt is now non enforcable whilst the default continues and told them to withdraw all proceedings. Pretty sure that Largo will just ignore it. I've also didnt receive any lba, which im pretty sure that they should have issued? Whens your hearing?

[beanpole]

Hi ellie....if I am reading you correctly, you asked for them to provide the original CC agreement and they have not complied within 14 working days.....yes they are in default of s78(1) & (6), so cannot enforce without and .....if still not after further 30 days.....they have committed ana offence - is this not enough for the court to strike out on its own ??

 

[elliej1981]

i thought it was, but this wasn't the impression that i was given by the judge. The case is now in a weeks time, i have submitted my written defence and written to largo re the none compliance to CCA request. Absolutely terrified about going back to court