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That's ridiculous! Presumably you're off on holiday or something so can show your commitment was made prior to any court dates being made on your behalf? As long as I'm not missing anything I would write to the court and state you were not given an AQ and were not asked if there were any dates you would be unavailable to attend on.

 

Your prior commitments are unchamgeable and had the matter been worked out with your input instead of without this situation could have been avoided. List the CPR requests you've made and state your earlier defence was submitted under the clear proviso that the claimant had still not made available the documentation they disclosed in their POC, as such the court should ideally have intervened during the case management process and supported you be ensuring the claimant made such important docs available to you.

 

State the original DN is invalid, state they have terminated the account and have confirmed their intention to do that in writing but have now unilaterally reinstated the agreement in order to serve a new default notice. Just make sure the court knows what the issues are and why the hearing should be adjourned. You've had no feedback from the court, there appears to have been little in the way of case management and the claimant has not made availble basic but essential documentation.

 

As the defendant you've been left in a confused state as to the nature of the terminated/unterminated agreement and your contractual rights have been pushed aside. The creditor needs to explain just what it is they are and have been doing as their actions, contrary to the CCA established to protect your rights against unruly creditors, have caused prejudice against you. This needs to be explored in full and the court should uphold your concerns and make sure the claimant plays ball.

 

On a personal level, if you wish, add the illness issues and make sure the court knows that as LIP you have had considerable difficulties recently and you feel you have certainly not been given the support you need in order to ensure this claim is fairly managed and heard.

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ok, here goes, the first draft of my letter to the court:

I am writing to request that the hearing on 16th November 2010 is adjourned. as I am out of the country 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. 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.

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.

Yours faithfully

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Is this a return of goods claim ?

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I didn't think you got an AQ with a claim for possession ?

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I didn't think you got an AQ with a claim for possession ?

 

Oh really? That explains it then. It still seems unfair though when I'm not asked what dates are not suitable. What do you think I should do, send the letter anyway?

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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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I think you should send a letter to the court quoting the claim number and asking for an adjournment as you will be out of the country. Better still, can you go into the court office and ask what the procedure is if you can't attend the hearing?

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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.

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buzzard, do you still require assistance ?

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That would explain lack of AQ, thanks for that Ell-enn very helpful.

 

Think the letter is clear enough but would amend the following:

 

"I feel that had this date been worked out with my input then this would have been unavoidable"

 

Perhaps swap to avoidable?

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  • 2 weeks later...

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!

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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? :-)

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  • 2 weeks later...

Hi buzzard, will try and find some help for you. When is the new hearing date and when do you have to be prepared for.. it is usually 7 days before hand that you need to get a Witness statement submitted. but the court order might have given you a specific date.

 

Are you saying you missed just one payment and they sent you a default notice (albeit a faulty one) and then terminated the account ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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???

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Yes, there is no reason why you shouldnt ask for those. If the case has been adjourned then you should have been given new instructions. Perhaps telephone the court ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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