Car repo Dunctons ****WON****

[rcl]

If they had only sent a notice to your hubby and are suing you then they would be in some difficulty.

 

 

thanks anyway, was worth a try x

[Markiemark1]

What I would stress to the Court when you show the log and the "altered" log, is how can the Court trust any documentation that the Claimant has produced given the clear alteration of one of the key parts. Remember the Court will decide on the balance of probabilities, not beyond reasonable doubt. You'll be fine I'm sure!

[rcl]

What I would stress to the Court when you show the log and the "altered" log, is how can the Court trust any documentation that the Claimant has produced given the clear alteration of one of the key parts. Remember the Court will decide on the balance of probabilities, not beyond reasonable doubt. You'll be fine I'm sure!

 

 

Thankyou mm, I will definately do that.

 

Should I be receiving my court bundle soon (trial date is 2 weeks on thursday)

 

wanna - am i right in thinking from your thread that if I win, I can claim my costs, the money i have paid under the agreement and the cost of the car

[wannabedebtfreesoon]

Thankyou mm, I will definately do that.

 

Should I be receiving my court bundle soon (trial date is 2 weeks on thursday)

 

wanna - am i right in thinking from your thread that if I win, I can claim my costs, the money i have paid under the agreement and the cost of the car

The difference in our threads is that I am actually the claimant so I got to ask for whatever I wanted! (within reason of course )

 

If you win you would be entitled to claim all your costs incurred in defending this case but I don't think anything else unless you made a counterclaim at the time you acknowledged. But when it comes down to judgment day you can never anticipate what a judge might do, they have mighty powers ya know! It will prob be something like "ordered that the claimant's case be dismissed and costs" but Judges also have the option to make any order they see fit so you just don't know what might happen

 

However, if you win I don't see why you wouldn't have a strong case for making a new claim against them

[rcl]

The difference in our threads is that I am actually the claimant so I got to ask for whatever I wanted! (within reason of course )

 

If you win you would be entitled to claim all your costs incurred in defending this case but I don't think anything else unless you made a counterclaim at the time you acknowledged. But when it comes down to judgment day you can never anticipate what a judge might do, they have mighty powers ya know! It will prob be something like "ordered that the claimant's case be dismissed and costs" but Judges also have the option to make any order they see fit so you just don't know what might happen

 

However, if you win I don't see why you wouldn't have a strong case for making a new claim against them

 

 

Thats my kind of thinking ! haha, Im a long way off that yet tho!

[wannabedebtfreesoon]

Thankyou mm, I will definately do that.

 

Should I be receiving my court bundle soon (trial date is 2 weeks on thursday)

 

wanna - am i right in thinking from your thread that if I win, I can claim my costs, the money i have paid under the agreement and the cost of the car

You haven't received your court bundle?? Have you got your notice of allocation letter? It should give dates on there by which all documents should be served.

[rcl]

You haven't received your court bundle?? Have you got your notice of allocation letter? It should give dates on there by which all documents should be served.

 

 

not had anything yet, although at the directions hearing the judge said the trial would be on either the 8th or 9th of july, which we all agreed

[rcl]

... and the fact that Dunctons 'litigation manager' has to drive 300 miles to my court makes me very happy indeed !

[rcl]

Just had confirmation that my trial date is friday 9th July at 10am

 

eeekk !

[wannabedebtfreesoon]

Just had confirmation that my trial date is friday 9th July at 10am

 

eeekk !

Does it say anything on it about disclosure of documents?? have you received your court bundle yet???

[rcl]

Does it say anything on it about disclosure of documents?? have you received your court bundle yet???

 

no court bundle yet, and it didnt say in the directions. it just said summary not to exceed 500 words etc etc

 

Im a bit fed up, the case has been moved from my local county court, which is 5 miles away, to another court which is 20 miles away. Serves me right for gloating that they had to drive 300 miles i suppose

 

Also getting very nervous, they must think they have a very good chance of winning for it to go this far, and i can ill affort to pay £9K interest plus court costs involved

[wannabedebtfreesoon]

Hello Rcl, have you prepared an opening statement and a skeleton argument yet?

Don't worry yourself about what they think, they're a bunch of arrogant so n so's and have the same opinion that a lot of their likes have; that you are a lay person therefore you don't know what the hell you're on about! Little do they know eh??

 

Has your case been allocated to a track??

[rcl]

Hello Rcl, have you prepared an opening statement and a skeleton argument yet?

Don't worry yourself about what they think, they're a bunch of arrogant so n so's and have the same opinion that a lot of their likes have; that you are a lay person therefore you don't know what the hell you're on about! Little do they know eh??

 

Has your case been allocated to a track??

 

 

no opening statement ?

 

Im pressuming my skeleton argument would be based on the defence filed ?

 

Think I need to do some more reading !

 

Multi track i think ? the one where the claim is over £5K and I am liable for their costs if they win

[beyondhope]

small claims = under 5k

 

fast trak = 5-15k

 

multi trak = 15k+ i believe

[wannabedebtfreesoon]

no opening statement ?

 

Im pressuming my skeleton argument would be based on the defence filed ?

 

Think I need to do some more reading !

 

Multi track i think ? the one where the claim is over £5K and I am liable for their costs if they win

It sounds more like fast track.

An opening statement is a paragraph that briefly outlines your position and argument. You will need to read it to the judge at the beginning of the trial. They will go first because they are the claimant then your turn. It will basically be your defence in a nutshell. Think of it like this, the judge wants nothing less than to read through reams of paperwork to get to the jist of the case. He/she will be very grateful for a brief run down to get him/her up to speed.

 

The same applies to the skeleton argument. It is a list of your main points in an "at a glance" form. Anything that makes life easier for the judge and saves time will be much appreciated and look good for you. You don't want to end up with a long, drawn out ping pong argument, that will benefit no-one and only irritate the judge. You gotta be calm, clear, conscise and firmly but respectfully put your points across.

 

And don't forget to respect the Judge's authority at all times!! Address as Sir or Ma'am and always "respectfully request" rather than demand.

 

The very best of luck to you, if you need any help with your statements just shout

[rcl]

Sorry, it is fast track

 

opening statement done, and summary of costs done. Ive had enough now, this has been dragging on for over 18 months, so either way I will be glad when friday is over, and either way, i am going to have a drink on friday night - hopefully champers but i am not holding my breath !

[rcl]

Just had a phone call from Duntons offering to allow me an out of court settlement to pay £4500.00 in installments, instead of going to court on Friday

 

Ive said i would call her back in the morning with an answer

 

Your advice and opinions please guys

[wannabedebtfreesoon]

My opinion is go to court! If they were that convinced they were going to win there's no way they'd be making offers! But that is purely my opinion and only what I would do if it was me in your situation! Ultimately you have to do what's right for you

[wannabedebtfreesoon]

Please, please don't take anything they are saying over the phone as gospel!! This could just be a way of conning you into not attending court, then they'll turn up and stand a better chance of winning!! Let's face it, they're not the most honourable of companies are they??

 

You've got them running scared, you should take this offer as a compliment to all your hard work, grit and determination Come on girl, you're on the home straight don't give up now

[rcl]

Spoke to hubby and we have decided i will take my chances in court. I'm very reluctant to hand over £5k to anyone for nothing !

 

On their side, they have a signed credit agreement, in joint names, in which only i signed

 

I missed 2 payments, one of them was dunctons fault for not presenting the direct debit form, the other one was my fault

 

However, they didnt contact me in any way,and there is no evidence to suggest they did.

 

i say they didnt sent a default note, they say they did, i say if they did, its faulty as its not signed, and some wording isnt offered more prominence

and the default notice offered as evidence prooves this

 

they took the car from my driveway, and their original communications list prooves this

 

they then altered the communications list and offered it as their evidence in an attempt to hide this

 

they didnt return my personal belongings, and denied they had my personal belongings until i provided their paperwork as evidence

 

Nope, I'm going to court on friday, I have nothing to lose. If Dunctons win, I will appeal

 

The woman on the phone said she was making the offer as she didnt want me to go through the trauma of having to go to court

 

how very kind of them

[rcl]

HI, hope someone can help,

 

A hire purchase agreement in joint names has only been signed for by myself, (in September 2008) court action has proceeded against me alone, as the creditor acknowledges they dont have a signature from my husband, and have subsequently dropped the case against him, and proceeded against me alone

 

The agreement puports to be regulated by the cca 1974

 

is there any case law to say it has been improperly executed, or was that only against agreements prior to, i think 2004 ?

 

thanks

[wannabedebtfreesoon]

I don't think the second missed DD was your fault at all! How were you supposed to know they were going to take 2 payments?? A DD is supposed to be a fixed amount monthly so you couldn't reasonably be expected to think it would be any different.

 

Good for you, I'm really glad you've decided to stick to your guns. Their altering of documents is nothing less than fraudulent! They need to be held accountable for their actions.

 

I told you they'd try to settle ha ha !! Cheeky sods, as if they're thinking of you!!!

 

The very best of luck to you, you deserve a win for all the hard work you've put in

[rcl]

I don't think the second missed DD was your fault at all! How were you supposed to know they were going to take 2 payments?? A DD is supposed to be a fixed amount monthly so you couldn't reasonably be expected to think it would be any different.

 

Good for you, I'm really glad you've decided to stick to your guns. Their altering of documents is nothing less than fraudulent! They need to be held accountable for their actions.

 

I told you they'd try to settle ha ha !! Cheeky sods, as if they're thinking of you!!!

 

The very best of luck to you, you deserve a win for all the hard work you've put in

 

thanks, and thanks for your continued support

 

Im probably foolishly stupid, but its a matter on principle now

 

Will update friday after the trial

[rcl]

WINNER !!!!!!!!!!!!!!!!!!!

I have just received a notice of discontinuance from Dunctons, they are dropping the case against me, and will not be attending court on friday

 

The hunted has just become the hunter

 

I think I am going to issue a claim against Dunctons for my deposit we paid against the car, the personal belongings, and my costs in defending this case

 

Advice please (again, I know! )

[Calb0b]

This is great news, time to turn the tables me thinks