The first battle may not have been won but the war has just began!

The DJ dismissed my set aside application as it would be an injustice to myself and the claimant as Arrow would only go through the whole process again and it would cost me more money!!! He said the CCA was just about legible and ignored my comments about it now having the prescribed terms and said as far as he was concerned I had signed it and therefore he would accept the CCA! He just ignored my comment about unfair charges being included in the outstanding debt.

Thanks Corn, yes the DN was invalid as it did not allow 14 days from date of service and the DJ acknowledged that the DN and the Termination Notice was invalid.

Guys, thanks for your support and feedback. I cannot emphasise how annoyed and frustrated I am, I should hit the gym but am hitting the bottle instead and fallen off the wagon!! I need to go about this now the right way and assess the costs involved. Referring to r&b's post- trying to remember what happened today is even now a bit of a blur. I was given no support as a LIP by the DJ and basically shot down in flames, I had a different DJ to my 1st hearing which in itself was frustrating. When I calm down and won't be babbling I'll attempt to put some constructive comments about that happened today! But I am not letting this DJ get away with what happened today when justice was not done and the law was ignored, it's just not on!

I can't believe it I am so annoyed! Can they issue another DN if they have already issued a termination notice?? Do I have a case for appeal?

Just got back from court and not happy!!! Judge dismissed my set aside application on the grounds of promptness and it would be an injustice to the claimant if it went back to the beginning and they would only pursue me again. He said he was happy with the agreement as I had signed it even though it was barely legible and there were prescribed terms missing. Also he admitted the DN and Termination Notice was not effective and was invalid but that didn't matter as they could just send me another one. I am not happy and wish to appeal, even though he refused the appeal also, really need help here again- PLEASE!!!

Ok back in court tomorrow and feeling the nerves again!!! Got a half day hearing so should be interesting. Wish me luck I need it and thanks to everyone who has given me excellent information and support so far!!

Excellent post, well done TD!

They sent me a CCA by email on the 22nd June which is the illegible one they provided previously and does not have all the prescribed terms. This is the email I sent to the court: May I ask with deference if you could pass the following information before District Judge xxxxx and ask for directions regarding the points raised: With reference to the General form of Judgment or order dated the 10th of June 2009 District Judge xxxxxx ordered that the claimants solicitors shall file and serve a copy of the claim form as filed and a legible copy of the Credit agreement concerned. Copy microfiche not accepted The Claimants solicitors have failed to provide a legible copy of the Credit agreement and only provided the illegible document that was presented to the court previously The claim form states that the account was regulated by the Consumer Credit Act 1974, however the Credit agreement does not have all the prescribed terms and, as previously mentioned, the document is not legible The claim form also states that a Default Notice was served in accordance with Section 87 of the Act, in my opinion this is not the case as the Default Notice was invalid as it did not allow the statutory 14 clear days to rectify the breach, as if posted by first class post then 2 working days should have been allowed for the notice to be served. Finally the claimant has advised that they do not have the claim form as filed.

Apparently it means that I will be representing myself and will have a chance to put my defence forward.

A close relative had an accident at a famous fast food restaurant. Tripping over an over turned mat, they suffered torn ligaments in their knee, jarred their back and can't currently drive due to the pain and has been prescribed strong pain killers. I've told them to put a claim in especially with the way the restaurant dealt with their accident. How do they go about putting a claim in, I don't want them to go down the solicitors route if they can help it as the solicitors would take a hefty cut I expect!! Any advice would be appreciated.

Cheers guys.

Bump

Evening wonderful people. I have received a claim form from Northampton CC for a debt to Next for approx £137!!! They are claiming under a regulated consumer credit agreement but have already advised me they do not have a signed consumer credit agreement! Please could someone help me word my defence to this claim. £10 donation to CAG for assistance. Thanks in advance.

Bump!

In the letter from the court it says- "The Defendants applications shall be listed for hearing upon representations only............" What exactly does that mean???

Let's hope so!!!

Let us know what the court says!

Had letter from the court today, got a hearing date for the 8th of July. I'll post up the letter when I get a chance but the DJ has asked the claimants to supply the original (legible) credit agreement to the court by the 21st of June and a microfiche copy is unsatisfactory. So what's your views of what will happen if they can't supply a true copy or legible agreement?

That's how I understand it!

No, they said they would look at all the paperwork and make directions before the next hearing. Thanks for your help IGNM.

Guys, I've made a donation it's not much but there will be more too come. I just want to thank everyone for the great help and advice they give on this site!!

If they do, bring it on!

Cheers let's hope so. Waiting for directions from the court now!

Just wanted to say a big thanks to everyone who has helped me so far!