Court date on 6th Jan - Application for summary judgement

[jonni2bad]

UPDATE:- Went to court this morning. No where as near scary as we thought it would be...

 

I'm glad this was the case, we do hear about some very poor hearings!

 

...The judge said that he would be re-scheduling as proceedures were not adhered to ...Also, he said there were several technicalities that he told the solictor to go away & find more info about & in the meantime advised me to get myself a solictor for the next hearing ...

 

A good result so far.

[walshy76]

Walshy....will you be hiring a solicitor ? If so make sure he/she knows the CCA74...

 

Going to see how much one will cost to represent me at court & go through paperwork so far.

[walshy76]

Hi, I would really appreciate any help you may be able to give me.

 

Ok, this has been dragging out for sometime now but here are the facts & I need to file my defence in for tomorrow.

 

Brought a sofa Sept 06 - wasnt given my agreement has I signed the agreement not knowing if I had been accepted because we had to leave the store as OH was heavily pregnant & needed to go home. Was later called told I had been accepted & the CCA would be given to me when sofa delivered.

 

Corner sofa group arrived but not put together as current sofa was not being removed until the following day. Signed a delivery note saying it was all ok & no damage even though it was still covered up & not put together.

A couple of days later complained to store that the sofa group had internal damage as the frame was bent & couldnt be slotted in correctly without the corner seat wobbling.

The complaint has gone on for months, the store said it wasnt their respobility it was now the loan company & vice versa.

I eventually disposed of the sofa as it was dangerous as we now had 2 small children. We had to go out & buy a new one.

In Jan 09 I finally receive the CCA from the solicitor dealing with this. It is not readiable & all blury.

I need some further advice on the points of law I can quote in my defence, so far I was thinking about using the point that it is not a clear copy of the original, under the sale of goods act it is not fit for purpsoe as it is unsafe.

Also, in a previous post the advice was it was uneforeacble as I didnt have two seperate agreements for the actual sofa & then for the 5 year leather care I took out. Only signed one box.

What is the best way of saying all of this, as i told the court that I am dsylexic they advised me to get a solcitor but I cant afford one.

[walshy76]

Can anyone help me please?