Case adjourned for the 2nd time

[AndyOrch]

Its a bit late for CPRs and extensions we are at the second adjourned trial hearing.From what I gather it was never requested (newbie) ...the claimant did not comply with standard disclosure (should have been struck out) the claimant did not attend the second hearing (should have been struck out)...and now we are submitting a particularised defence to a claim that the claimant has not disclosed one document in support of their claim.

[missjj]

I will scan it properly andyorch

 

 

Mikeymach2002 No I didn't, i really did leave it to last minute I'm afraid, they didn't include a copy with their court papers and the court took a copy of mine and gave them it at the first hearing

[mikeymack2002]

Its ok andyorch knows his stuff, but he will agree that this is all so wrong. The fact they did not produce a copy of the agreement that they are relying on in their claim is wrong. They should have served you with it as they will be relying on them for their case... What if any documents have they sent to you?

 

 

The claimant has failed terribly as far as protocol goes, I cannot see why they can get away with this type of behaviour.... Its not quite tennis is it?

[missjj]

I know that you have a copy of your agreement, but did you request their copy under the CPR 31.14? This looks like it is only half of a case to me, in as much as ****************** has not provided you with all of the relevant documents. Just a thought here, perhaps asking for an extension to apply for those would be prudent? Then see what they produce.

 

 

The claimant should have given you all of those documents they intend on relying on in this case have they done so yet?

 

No I didn't I'm afraid, i left everything to the last minute

[missjj]

This is their response to my first statement

[mikeymack2002]

From their response it claims to have sent the documents that are required, do you have these at all? if so wish documents do you have?

[missjj]

When the judge adjourned it the first time the claimant told the judge they would send proof of default notice, I don't remember the judge ordering them to do so but they sent me a copy of a default notice dated 04.12.14

Notice of intended court action dated 16.01.15

Notice of intention to commence proceedings dated 09.02.15

This was the first time I had seen these documents, I have never received these notices, none of them, all the contact I had from the company was one of their big burly representatives down pressing my doorbell, hammering on my door and front window, I did not answer as I was too frightened, this happened a few times, the last time I answered my door as it was a Saturday (7th Feb), their rep asked me why i'ld stopped paying, I told him that I was not working due to illness and could not afford the repayments he said to just let him take the TV, I refused as I had repaid a considerable sum, he said that I need either to pay up or let him take the TV, I said I couldn't afford to pay the whole amount and (to end the doorstep discussion and without thinking) I said they could take me to court. I had informed the court of this in my initial defence along with the difficulties I had been experiencing in my personal life, I told the court at the first hearing that I was at fault for not dealing with this sooner, I was sorry, it was and has been an extremely difficult time, I had other debtors chasing me and had not dealt with any of them and 'put my head in the sand' I was looking into going bankrupt as a last measure, I am very low.

The judge did not take any of this into consideration but thankfully adjourned it because of my unenforceability claim.

Sorry for the long post, thanks again

[AndyOrch]

Could you post your copy of the agreement?

[missjj]

Yes andyorch, scanned below

[missjj]

This agreement was returned to me on 3 separate pages, this is a copy of the original that I kept, I should have requested their copy before the first hearing but stupidly I left everything to the very last minute, thanks again

[AndyOrch]

How many payments have you paid.......more than half the value?

[missjj]

Yes I believe so, I was not quite sure of how much it was until now, I just made the payments, I have paid £761.00 so far, at the first hearing I offered to pay £218.99 to make it up to £979.99 which was what the TV cost according to the agreement saying that I had seen the same model for sale advertised for £275.00 (new). My initial defence I wrote on the court form, I can copy it out word for word on here if it helps.

[AndyOrch]

I'm not sure why you consider the agreement to be unenforceable...it appears to have all the prescribed terms and T&Cs ....take a read here on protected goods when you have paid over a third of the agreement......

 

https://www.nationaldebtline.org/S/factsheets/Pages/08%20SCOT%20Hire%20purchase%20and%20conditional%20sale/Page-02.aspx#

[missjj]

Thanks andyorch for having a look, I couldn't make the figures agree on the first page, plus I didn't receive any notifications or default and I'm unsure of the original cost as the agreement I have is what was sent me, I signed the 2nd page I thought that I had to sign the same page as the T & Cs's, the company has never produced the original, maybe I am clutching at straws but I don't feel that my offer of £2 per week would be accepted (I'm on benefits) plus I am worried that they will legally be able to come into my house (I live alone) and take the TV and I will still have a CCJ, up until a few months ago I managed to keep up with all my payments to my creditors and my unenforceability claim was not to get out of paying but to avoid the above and to be able to agree to a realistic cost for the TV to be repaid at a affordable rate for me.

 

 

I am going to look at the link you advised, thank you again