Park Motor Finance - Default Notice

[citizenB]

Hey CB what area you in ? I will be your court buddy?

 

Mr

 

Mr WOrried, that is really nice of you.. but it is Larissa who will be going to court.. not me

 

Larissa, I think your witness statement is ok and until you receive any further information then I dont think applying formally to amend your earlier defence is going to make any difference.

 

You say the hearing has been allocated 10 minutes, it doesnt seem such a long time. Is this an actual hearing, summary Judgement (which normally attracts 30 minutes, minimum) or a case management hearing ?

 

There is a thread which will give you some advice on what to expect in court on the day.. I will go and find it for you and post a link.

[LarissaJ]

it's a return of goods order

[wannabedebtfreesoon]

it's a return of goods order

Hello, I have quietly been following your thread and think you've done really well to stand up for yourself

 

A Return of Goods Hearing is quite different to any other hearing and usually is given a time estimate of only 5-10 minutes within which the judge decides whether they can have the car back or not. This is the procedure creditors need to follow to obtain the "Court Order" they require to repo a car when either more than a third has been paid or it is parked on private property.

 

When they have applied for the court order you will just receive a notice of hearing with a fixed date, it doesn't follow the same process as normal claims in that there won't be allocation, disclosure etc before the hearing.

 

I would suspect that as long as you have valid reasons to defend the action, that are clearly outlined to the judge you will probably receive directions for allocation with the intention of there being a trial to resolve this, but you really need to get your point across or they may just be granted a return order for the car.

 

It is quite an intimidating place if you let it be but in reality it will just be a small room with you, them and the judge. You will both get a minute or so to say your piece, (so have a concise version really well rehearsed!), then the judge will decide whether they are entitled to the car back or whether there should be a trial to decide the issues. In my opinion I would be inclined to think that the judge would be more likely to allocate to trial if the issues involved were complex and unresolved, rather than a straightforward case of you haven't paid so they want the car.

 

It's just my opinion but, if it were me, I would be very well prepared for delivering a short concise statement on why they are not entitled to the remedy they are claiming.

 

You will probably find that Judges have a very strict timetable to stick to and a lot of different cases listed for one day so they will greatly appreciate you keeping things short and clear without having to wade through reams of paperwork!

 

Another thing that I think is crucial is to ensure you arrive at court at least 15 minutes before your hearing time, the reason these cases are allocated such a short time estimate is based on the fact that the defendant rarely turns up to the hearing as it can generally be taken to be a formality. I have known people to have missed their hearing altogether because they turned up on time to find the court was running slightly ahead of time and they had held the hearing early assuming the defendant wouldn't turn up! In 5 minutes it was all over and done with

 

I doubt very much that your defence will be scrutinised in detail at this hearing as that will be saved for the trial, it may also be possible to request permission to amend your defence upon receipt of all the documents you have requested under CPR 31 and this may be dealt with during the processes of allocation and disclosure.

 

I wouldn't be thinking that this is win or lose situation just yet, unfortunately it is just the very start of a long and complicated journey. Please don't misunderstand me, I am by no means saying not to pursue it! It's just that it is important to be fully aware of the amount of effort that will be involved to make them accountable for their actions

 

The very best of luck to you, I sincerely hope the judge does the right thing and orders a trial 8-)

[citizenB]

Oh right. I need to ask about this, I cant find the thread I am looking for, I am sure someone on the site team will know Will get back to you.

 

Strike that.. looks like wannabedebtfreesoon has answered the question for you

[wannabedebtfreesoon]

Oh and I forgot to mention.... you would address the judge as either Sir or Ma'am!

[LarissaJ]

thankyou wbdfs! Iwill rehearse a concise version and hope my voice carries

[wannabedebtfreesoon]

thankyou wbdfs! Iwill rehearse a concise version and hope my voice carries

The very best of luck to you! Always good to be prepared 8-)

[LarissaJ]

I'm just about to post my witness statement up, I will be hand delivering it to the court before 4pm today.

I would be very grateful if you would all have a read over it and let me know any suggested ammendments etc.

[Mr Worried]

Just made a cuppa.

[LarissaJ]

ok, here goes.........

 

that's my completed version (obviously just ommitted certain names etc.) but any suggestions from all you will be very welcome

[wannabedebtfreesoon]

Hello sorry I couldn't reply earlier, I would've also mentioned the fact that, as outlined in the 2006 Amendments, there need to have been a minimum of 2 missed payments before a default can be issued in any case. Don't worry if you've already you sent it, it's still something you can bear in mind and perhaps add in later if you get the chance to submit an amended defence.

[LarissaJ]

Thanks again wbdfs! I did send it off, but I will definately bear it in mind for the defence.

A glass of wine is on the cards for me this evening I think!

[citizenB]

Sorry I missed your pm yesterday, but you seem to be on track

 

Have you made any attempt to reclaim the penalty charges ? It might be a good idea to draft up a spreadsheet showing those applied to the account. It also looks to me as though they are claiming penalty charges as arrears and I dont think they can do that ?

[LarissaJ]

Sorry I missed your pm yesterday, but you seem to be on track

 

Have you made any attempt to reclaim the penalty charges ? It might be a good idea to draft up a spreadsheet showing those applied to the account. It also looks to me as though they are claiming penalty charges as arrears and I dont think they can do that ?

 

That's a good idea CB, can you point me in the direction of how to go about putting it all together?

[citizenB]

Just looking for the spread sheets and other information for you.. meanwhile I stumbled across the following in respect of court appearances that might interest you.

 

http://www.consumeractiongroup.co.uk/forum/content.php?35-Guidance-note-Making-a-County-Court-familiarisation-visit

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?6964-Spreadsheet-with-interest&highlight=spreadsheet

 

Ok, you will find the spreadsheets in the first post in the link above.

 

I would use the credit card spreadsheet.. scroll down a little way and you will be given a choice of 3 formats.

 

You need to overtype what is already in the format. Do not remove the first and last lines in the list as they contain the forumalae

 

You need to pop in the charge ie penalty charge - amount - date (in the format already laid out) the rest of the page will update with the 8% interest applied daily :

 

HTH - any questions, just yell

[Gallahad]

Hi Cb, tried to go to the link on post 165 only to be informed I am not authorised for access to the post. Whats that all about then?

G

[citizenB]

Hi Cb, tried to go to the link on post 165 only to be informed I am not authorised for access to the post. Whats that all about then?

G

 

 

Were you logged in when you attempted to link to ? I will ask if there is a problem, because I cant see any reason why you wouldnt be able to ?

[LarissaJ]

I can't view it either CB, it says:-

LarissaJ, you do not have permission to access this page. This could be due to one of several reasons:

 

1. Your user account may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
   
2. If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation
   

[citizenB]

Thanks Larissa, I have asked the site team if anyone knows of any issues with the link. Will get back to you.

[Gallahad]

Yes CB I was logged in

G

[IdaInFife]

try it again

 

http://www.consumeractiongroup.co.uk/forum/content.php?35-Guidance-note-Making-a-County-Court-familiarisation-visit

[Gallahad]

Sorry still "refused permission"

G

[LarissaJ]

I can't access it either, I'm just starting to psych myself up for court tomorrow!

[LarissaJ]

Adjourned.

Edited January 12, 2011 by LarissaJ