also, today I've received a witness statement from the solicitors. I really do need some help now

-also, I've just received notification in the post of a 'change of solicitors' they were acting for themselves and didn't turn up for the last hearing, but they have now appointed local solicitors

I've just phoned the court, they said that because the judge hasn't ordered anything I don't necessarily need a witness statement, but if I felt that it helped then I could send one. I think I might send one, mainly to get it all down on paper and to help me too, if I see it all written down then I'll probably be straighter in my head with it all !!! Is there any particular format that I should follow when doing the statement? I'm going to write to the claimant too to ask for the original dn and tn, so that I can send that letter into court too, as they're obviously trying to pretend it doesn't exist.

Thanks CitizenB ! I missed two payments, but I paid one by debit card and I couldn't catch up with the other one, so it was outstanding for 4 months before they sent the DN and then they terminated. The new hearing date is 12th January. I'm not sure about the witness statement and what date it needs to be in, I don't seem to have been sent any info about what to do and when, which is why I'm so confused. I really don't want to make a mistake, but seem to be going round in circles reading other threads etc. I was thinking of sending another letter to the claimant asking for copies of the original dn and tn???

Can anyone help me ?

Any help at all please, I need some support

yes, of course you can ask! It's a conditional sale, does that make a difference?

Hiya all, I have a hearing date in January for a return of goods order (car). I would be extremely grateful if anyone could take a quick peek at my repossession thread and offer any advice. At the moment I feel a bit like a fish out of water and scared to death if I'm honest!!! http://www.consumeractiongroup.co.uk/forum/showthread.php?242171-repossesion Thanks a million!

Thanks Emandcole, you have been brilliant. I will give you a brief update: I missed a payment in 2009 and was issued with a faulty dn, (The date of the dn is 24th December 2009 The date to comply before is 7th January 2010) they then terminated the account on 13th January and I sent the letter accepting the termination (post 34) and paid the arrears which were stated on the dodgy dn. after a few letters back and forth and a few default sums notices, they then sent a correct default notice in Sept, then they issued proceedings in the county court shortly after. They didn't send any document which they refered to in the poc, so I sent a cpr letter requesting these, but they only sent the correct dn (from sept) and not the original dn nor did they send the termination notice. I was away on the hearing date and sent the letter from ''post103'' didn't hear anything from court until after the hearing when I received notice (N24) that the hearing has been adjourned until january and that no one turned up from either party. hope this helps, just give me a shout if you need more info?

Should I send the claimant a letter asking for the original dn and tn?

yes, I'm really happy about that emandcole, but the nerves are kicking in a bit now, I will do my best on the day but really hope for a bit of help and guidance on here to get me on track!!!

Hiya all, good news - the matter has been adjourned until January No representative for the claimant turned up either!

Hi all, I'm still in the states, I'm back on Friday so will be interested to see what's in the post! I'll let you know as soon as I get back. Thanks Citizen B, I may need help to put in an appeal or hopefully they adjourned the hearing! Thanks emandcole, but I had already sent that letter without the ammendment!

Thanks Ell-en, I'm going to hand deliver this letter to the court now:- I am writing to request that the hearing on 16th November 2010 is adjourned. as I am out of the country until 25th November 2010 and therefore will not be able to attend on that date. I was not given an allocation questionnaire in this matter and therefore I was not asked if there were any dates that I would be unavailable to attend on. I feel that had this date been worked out with my input then this would have been unavoidable. As it stands, there has been limited feedback from the court to myself in this matter and the claimant has not made available basic but essential documentation. I enclose a copy of the Civil Procedure Rules Part 31.14 letter which was sent to the Claimant, on 14th October. The Claimant has failed to disclose all documents referred to in their particulars of claim. I requested the two Default Notices which were issued and the Termination Notice however only one Default Notice was supplied to me, and no Termination Notice. I would now respectfully ask that the court intervenes on my behalf and ensures that the claimant supplies all relevant documents to me. I feel that the claimant is deliberately withholding these documents due to the fact that the original Default Notice is invalid and the account was subsequently terminated. They confirmed the termination to me in writing, but have now unilaterally reinstated the agreement in order to serve a new Default Notice. As the defendant I have been left in a confused state as to the nature of the terminated/un-terminated agreement and feel that my contractual rights have been pushed aside. I would appreciate the claimant explaining exactly what it is they are and have been doing as their actions, contrary to the CCA established to protect my rights against unruly creditors, have now caused prejudice against me I am registered disabled and recently I have a had a prolonged period of bad health which has required hospital treatment and I also have a registered disabled 7 year old daughter that has serious behavioural problems and with whom I get very little help. This unfortunate circumstance in my personal life means that I don’t always have enough time, strength or ability to act immediately on matters as and when they arise and being a Litigant in person, I am unfamiliar with the procedure and therefore at a disadvantage and feel I have certainly not been given the support in order to ensure this claim is fairly managed and heard. I shall be seeking to make an application for an order that this action is struck out if the claimant refuses to supply me with the original Default Notice and subsequent Termination Notice. I await further instruction from the Court on this matter.

If they don't send out an aq, then surely it's biased towards the claimant, they could've known I was going away and set if for that time accordingly. (I doubt they do, but hypothetically speaking) I think I'll still send the letter tomorrow but just ammend the bit about the aq ??????

Oh really? That explains it then. It still seems unfair though when I'm not asked what dates are not suitable. What do you think I should do, send the letter anyway?

yes

ok, here goes, the first draft of my letter to the court: I am writing to request that the hearing on 16th November 2010 is adjourned. as I am out of the country and therefore will not be able to attend on that date. I was not given an allocation questionnaire in this matter and therefore I was not asked if there were any dates that I would be unavailable to attend on. I feel that had this date been worked out with my input then this would have been unavoidable. As it stands, there has been limited feedback from the court to myself in this matter and the claimant has not made available basic but essential documentation. I enclose a copy of the Civil Procedure Rules Part 31.14 letter which was sent to the Claimant. The Claimant has failed to disclose all documents referred to in their particulars of claim. I requested the two Default Notices which were issued and the Termination Notice, however only one Default Notice was supplied to me and no Termination Notice. I would now respectfully ask that the court intervenes on my behalf and ensures that the claimant supplies all relevant documents to me. I feel that the claimant is deliberately withholding these documents due to the fact that the original Default Notice is invalid and the account was subsequently terminated. They confirmed the termination to me in writing, but have now unilaterally reinstated the agreement in order to serve a new Default Notice. As the defendant I have been left in a confused state as to the nature of the terminated/un-terminated agreement and feel that my contractual rights have been pushed aside. I would appreciate the claimant explaining exactly what it is they are and have been doing as their actions, contrary to the CCA established to protect my rights against unruly creditors, have now caused prejudice against me I am registered disabled and recently I have a had a prolonged period of bad health which has required hospital treatment and I also have a registered disabled 7 year old daughter that has serious behavioural problems and with whom I get very little help. This unfortunate circumstance in my personal life means that I don’t always have enough time, strength or ability to act immediately on matters as and when they arise and being a Litigant in person, I am unfamiliar with the procedure and therefore at a disadvantage. I shall be seeking to make an application for an order that this action is struck out if the claimant refuses to supply me with the original Default Notice and subsequent Termination Notice. I await further instruction from the Court on this matter. Yours faithfully

Thank you! I'm going to put all that in a letter now, will you be on in about an hour to check it for me? I can't tell you how grateful I am for your help.

I know what you mean, I feel like I've not understood something or the system has worked slighty different for me!!!! I got the N24 (notice of hearing) along with the N1 (claim form) they are dated the same day and were sent in the same envelope. I phoned the court to see if they were sending out an aq they said that an aq has not and will not be sent as it's unessary because the date is already set. I told the girl on the phone that I will be absent on that particular date and therefore would like to get it adjourned, but she said it would still go ahead in my absence and that I should send in any details that I want the judge to see on the day. I feel like I'm banging my head against a brick wall with the whole thing, I think it's unfair that I was given a date and not asked first if it was ok for me!

I never received an aq, only the hearing date toghterer with the N1 claim form! I only received the claim form less than 4 weeks ago and in that time, I acknowldged, sent the cpr request, then the embarrased defence. I only recieved the cpr docs last week. I was waiting for guidance from the court as to how it would proceed with the cpr request not being fulfilled, then they arrived albeit not complete.

I'm away for a fortnight, I go on wednesday, it's completely unavoidable, I didn't realise that they can just allocate a date to you without asking if any dates are unavailable to you in the first place! It seems all one sided for the claimant! If I were to seek an application for an order to have the documents provided, what would the process be, is it a specific form I need to send in? I think maybe that that's the best way to go today and hope that it gets struck out on the fact that they dont produce them.

yes, i do have the proof of delivery printed out, thanks again em, i'll press the triangle now!

Hi Emandcole, thank you for that. Just to clarify, they haven't taken the car yet I have a hearing date for a 'return of goods order' next week. But I'm kind of flumoxed about what to do next, I requested the documents which they referred to in the particulars of claim by cpr part 31.14, but they only sent some of them, they failed to send the faulty dn and the tn. I therefore sent the embarrased defence to the court thinking that maybe it would be struck out. I was expecting to hear from the court, but as I'm going away on wednesday I phoned to check up, they said that as the date is already set that it will indeed go ahead and nothing else will be sent out in the meantime. Which leaves me wondering what is the best way forward ? I need to do something today, either 1) go for an order to have it struck out 2) send a letter asking for it to be adjourned dbecausne I don't haeve all the documsents or 3) send in a defence to be read at the hearing in my absence. Not sure which one to do???

Hiya, sorry for not posting for ages, I have been very ill. The 2nd Default Notice that was sent is ok, it's all in order. Where I am up to now, is that I acknowledged the claim and I also sent a civil procedure rules part 31 to the other side as they have completly omitted the faulty default notice and termination notice in their poc. Then I sent a defence to the court saying that they hadn't complied with my request. The hearing is next week and I'm not able to attend, but I can't seem to get passed the unhelpful girl on the phone to try and get this hearing adjourned. Can anyone help me with a letter that I can send off today to the court asking for another hearing date?