Hearing fast approaching please help

[fast_n_furious]

Hi all, I hope someone has some ideas about this one, to cut a long story short the DCA acknowledged our CPR31.14 request however didn't respond with the requested documents, wait for it until today, which just happens to be 10 days prior to the hearing, the judge ordered that all the paperwork was to be filed at the court 10 days ago, I checked and was told by the clerk of the court that all items had been filed at the court but I hadn't had a copy, which made it impossible to put any real defence so I put in the embarrassed defence. Now my problem is there are several anomolies with the paperwork I have now recieved but anything I put into the court at this stage is not admissable in court on the day, can I ask for the hearing to be postponed on the basis that I wasnt in a position to fully defend, or does anyone have any other ideas?

 

Cheers f_n_f

[unclebulgaria67]

No expert here, but from what I have read, you still need to prepare yourself for the hearing, as best that you can in the circumstances.

 

The judge could just ask you to get on with it, unless you put up a real good argument. So prepare yourself with a full statement of arguments that you intended to make. Take these to the court on the day, just in case, you are asked. The judge will want to know whether there is any point in delaying matters. If you don't have acceptable reasons, which could be expanded upon given time, then you might not persuade them. The judge will ask the question, as to whether having more time would allow either claimant or defendant a better change of making a case. If you have solid reasons for your defence, which cannot be rebutted by the claimants, you might still win anyway.

 

There are many threads on Embarrassed defence, which might help you. E.g.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/263131-embarrassed-defence-summary-judgement.html

[fast_n_furious]

thanks for that, ok so among other things the terms and conditions seem to have been photocopied and joined, also the type face is completely different to the CCA there is nothing connecting one to the other, the default notice was actually issued 2 weeks before the payment due date on the account, which was at that stage only 1 month late, does anyone know if you have to be a certain amount of time late before a default notice can be issued, incidentally the first time we have seen the default notice was in the legal bundle that the DCA sent to us. (yesterday)

[fast_n_furious]

I don't have all the account payments and detail but I have estimated that two thirds of the claimed amount consists of late payment fees Iam not clever enought to work out the proportion of interest on the late payments, also a further lump are charges added by the collection agency and court can I make anything out of this,,,,,,,,,,incidentally when I was defaulted I only owed £13 ie 1 months payment.

 

If the judgement goes against me next week as I haven't had the oppertunity to put in a real defence can I appeal, that may sound stupid but I understand that anything not already on file at the court would not be allowed on the day

[fast_n_furious]

Just a thought is there any way that I can take a defence in to the hearing???

[unclebulgaria67]

Best advice is to speak to the clerk of court about the issues you have and ask what you can do about it. Can you send the court a letter explaining what has happened, so when you do attend court, the hearing is postponed, until you have had the chance to submit a proper defence.

[fast_n_furious]

would someone please peruse the following CCA to see if you can pick any holes in it, (the bigger the better), the terms and conditions are not part of it, but I will deeal with those later.

 

Many thanks http://i787.photobucket.com/albums/yy157/dodgygeezer22/legal%20stuff/img005.jpg

[totiesquoties]

HI, verdana,

 

get form n244, it will cost you £75.00 fill it in, and put that you want the

case stayed, or struck out, as you have not been given the other parties documents till and put when you received them, and say the time limit that you should have had them, so you could not possibly have a defence in, in time, due to this lateness of receiving, try and quoe also the cr ruling on this which should be on the hm government website if you type in about receiving late paperwork, etc, we did this, and it got carried to another date, although it did not get struck out, just in case, also take your complete defence with you, always best to be prepared, but if the other side not asked for a summary judgement, it should be carried forward to a later date for the trial. i do hope this helps.8)

[unclebulgaria67]

would someone please peruse the following CCA to see if you can pick any holes in it, (the bigger the better), the terms and conditions are not part of it, but I will deeal with those later.

 

Many thanks http://i787.photobucket.com/albums/yy157/dodgygeezer22/legal%20stuff/img005.jpg

 

If you click on the red triangle in your post and ask the site team to take a look, they will do so.

 

My opinion for what it is worth, is that this is a generic CCA and could be argued as unenforceable. The credit limit is not yours, it is just an initial limit, which I am not sure is now found to be acceptable. Where is there any wording which refer to the full t&cs and that you have been supplied these?

[fast_n_furious]

Many thanks for that, I have uploaded the t & c which they have supplied not sure what they have done but it seems that the top bit has been cut and pasted off of the bottom of the conditions, which in my simplistic view means that the original was longer than A4??? any ideas would be better than mine!!!, I have to put something together before the hearing (this week) so any little things that are incorrect could prove worth there wieght in gold, the t & c are at:

 

http://i787.photobucket.com/albums/yy157/dodgygeezer22/legal%20stuff/img008.jpg