hfc bank Court Papers

[jamanji]

Hi Folks,

Well got a SAR two days ago and go to court tommorow , so heres hoping, either going to win or get hung, still no agreement, but do have unlawfull charges but dont have time to claim, my defence s simple im either protected by the consumer credit act or not, section 127 is either the law or not

So al let you know how i get on

Jamanji

[seriously fed up]

Good luck tomorrow mate - be thinking about you.

SFU

[24233513afw]

Good Luck for tomorrow jamaji.

 

Hopefully, they will either not turn up or their solicitor/representative will contact you when you get to court to say that they want to deal, thats what happened to me,so try and get to court a bit early as all the reps are there early and as people enter the court room they ask if your Mr Mrs ?????.

 

If they do want to deal be sure and ask for I think its called Absolivitor (if SFU is a about he could confirm this) as this is what SFU asked me to ask for and they did it no probs, seemingly it means that they cannot come back on you at a later date. (I would never have known about this had it not been for SFU, he was our life saver)

 

Everything crossed for tomorrow, will be thinking of you.

 

Cheers

AFW

[jamanji]

Hi folks,

Well went to court went up , the judge said are you representing yourself Jamanji ?and i had not replied to a section 22 (i think thats what it was ) so she could not dismiss the case, Another hearing on 14th june the judge said i could argue my case then, They were very pleasant , court was not that bad, Im supposing if it were a complete NO PAY UP the judge would have said that. So this gives me time again to rehears, Thanks SFU and AFW, could not have got this far without your kind support so any more advise would be gratefull

When i do go up as i said i will ask , are we protected by the consumer credit act or not, If not why does all agreements have it stamped on it, I might get a deal yet, but today taught me dont be afraid of court if you have not commited a great crime

So again to GAG thaaaaanks , it gives you the determination and drive to succeed, Ive not won yet , but im not nervous or afraid of court any more

[seriously fed up]

ok, couple of questions

1. were HFC/ P&P represented today, or was it just you with the Sheriff?

2. can you find out more about why she wasnt able to just dismiss the case (which is what makes me think the answer to the above is "no, it was just me and the Sheriff"). I have looked at Chapter 22 and rule 22 but I cant see how either would apply in this case, but that's not to say that that is so. It might just be important for what happens on the 14th June. Give the court a ring and see if you can learn more.

One other thing - I wouldnt start a discussion about whether/not we are protected by the CCA with the Sheriff. Just get your dismissal (or absolvitor) and get out. That would be my advice. If you happen to bump into her socially, then that's the time for that kind of conversation. Keep it simple and effective would be my advice.

Glad to hear court wasnt that intimidating - that will be an encouragement for others behind you.

[the_shadow]

Hi folks,

Well went to court went up , the judge said are you representing yourself Jamanji ?and i had not replied to a section 22 (i think thats what it was ) so she could not dismiss the case, Another hearing on 14th june the judge said i could argue my case then, They were very pleasant , court was not that bad, Im supposing if it were a complete NO PAY UP the judge would have said that. So this gives me time again to rehears, Thanks SFU and AFW, could not have got this far without your kind support so any more advise would be gratefull

When i do go up as i said i will ask , are we protected by the consumer credit act or not, If not why does all agreements have it stamped on it, I might get a deal yet, but today taught me dont be afraid of court if you have not commited a great crime

So again to GAG thaaaaanks , it gives you the determination and drive to succeed, Ive not won yet , but im not nervous or afraid of court any more

 

 

 

S.

Edited April 27, 2011 by the_shadow

[seriously fed up]

after a day in court Shadow, dont you think we are entitled to a small typo?

[the_shadow]

after a day in court Shadow, dont you think we are entitled to a small typo?

 

Apologies I missed the smiley, it was meant in jest

 

S.

[beetle1234]

Glad you felt ok in court...the first time is the worst but as long as you can remain as relaxed as possible and always stick to the legal facts you will do ok.I am a little confused and like SFU asked....who represented the pursuers and what did they say ? I may have missed it in the thread but are you still awaiting SAR response from them ?

[24233513afw]

Hi jamanji

 

Not been on CAG for a few weks, Husband been very poorly and in and out of hospital.

 

Anyway, it seems to me that they are doing the same procedure with as they did with me. I am presuming they didn't appear on court day. (Theats what happened with my first appearance, to me its like they want to intimidate you).

 

But as you said after your first appearance its not quite as bad as you thought it would be.

 

Hopefuly on June 14 they will appear and do they deal with you, either that not turn up and hoepfully sherrif witll dismiss, althouigh as SFU says better with Absolvitor, not quite sure if the judge can do this for their non appearance.

 

Glad to hear you coped with thisd well, I know how distressing I felt when I had to appear and as said before if it hadn't been for SFU I would never have got through it.

 

Cheers

AFW

[jamanji]

thanks AFW hope your husband is better, I dont think they were there ,maybe it was to see if i was serious about defending which i am

Thanks again for your support i will keep you all up to date, going to the court this week to see why it wasnt dismissed and what the judge meant in court

Jamanji

[24233513afw]

Hi jamanji

 

My computer has been down for three days, I so wanted to send you a Good Luck message on Monday night (Am I right in thinking you were due to go back on 14th or am I going bonkers).

 

Anyway did you attend Court yesterday or was it postponed once again or did HFC see the light.

 

If you did attend I hope everything went well for you.

 

Cheers

AFW

[IdaInFife]

[jamanji]

Hi there , yes been to court and sat in a two and a half hour debate, i have to wait on the outcome by post from the judge, i will post up a full list of events when i get the desicion

Thanks so much for eeping in touch and i will describe everything when i receive the decision

Thanks to SFU i got this far , his nowledge is fantastic,

I think my experiance will benefit everyone whatever way it goes

Jamanji

[24233513afw]

Hi there , yes been to court and sat in a two and a half hour debate, i have to wait on the outcome by post from the judge, i will post up a full list of events when i get the desicion

Thanks so much for eeping in touch and i will describe everything when i receive the decision

Thanks to SFU i got this far , his nowledge is fantastic,

I think my experiance will benefit everyone whatever way it goes

Jamanji

 

 

I Totally agree I can't imagine where I would be now had it it not been for SFU his knowledge is second to none....you couldn't ask for a better person to be on your side in Scotland, he took me threw each stage step by step practically patience of a saint.

One thing I don't understand is why you have to wait for the judge to post you his decision, what was the problem that he couldn't decide there and then.....

We shall all keep our fingers and toes crossed, hoping that the judge sees sense and grants you a win.

Cheers

AFW

[24233513afw]

Hi jamanji

 

Have you heard any news from the court yet......not able to get on here very much just now as hubby very unwell.

 

Hope the court have been intouch and gave you the result you want,

Cheers

AFW

[dx100uk]

saw you pop on cag today jama

 

what happened here...

 

dx