Link Financial -ford credit return of goods order - lost

[pumpytums]

Hi Olympic,

are you able to scan up the Default and witness statement removing all personal details?

 

Pumpytums

[olympic1805]

hi will do tonight when i get in, thanks

[olympic1805]

Hi Olympic,

are you able to scan up the Default and witness statement removing all personal details?

 

Pumpytums

 

Hi there,

Here are the copies hopefully !!

NewDocument6[1] Link.pdf

[pumpytums]

Haven't Link put the wrong DN in the witness statement?

 

That could be useful.

 

Pumpytums

[olympic1805]

Yes !! The one which was sent before this went to link was dated 14/12/09, This old one obviously quotes wrong figures !! Why would this be useful ??

[pumpytums]

It looks like they haven't got the new one. So it could throw the validity of their DN into question. Remember a DN has to be accurate. Clutching at straws a bit I know but its something.

 

At court they have to produce documents they rely on if they have stated the account was defaulted in December 2009 then produce a DN for 2008 something is obviously wrong and that's the wrong DN. I would maybe edit your earlier posts and remove the other DN from this thread.

 

Pumpytums

[olympic1805]

Ok thanks will do, does this mean when we go to court i should point this out re the DN ??

[olympic1805]

They will acknowledeg your first defence in writing, sending a copy to the claimant. They then give the claimant 28 days to respond, then claim is stayed if the do not respond.

 

Hi, well it looks like we will be going to court, Link have put their witness statement in, what will happen on the day, anyone have an ideas of the process ? And if we lose do we have to hand the car back on that day ?

[pumpytums]

Hi Olympic,

having re-read your thread the main points to raise as I see them are as follows:-

 

1. How Link Claim both the car and the outstanding balance? (this alone should stop the summary judgement, as you dispute the amount)

 

2. The Deed of assignment none has been supplied and as Cole has said you need to see this. The NOA proves nothing just that an assignment should have took place. If they state its sensitive ask for an edited version the original shown to the judge.

 

3. The Default notice provided by the Claimant does not match the one in the POC.

 

4. The agreement why did Land-rover not accept the return of the vehicle? As was stated earlier you should have been able to have given them the vehicle and walked away. This backs up point (1) how then now can Link Claim both? Has the agreement been broken by them not accepting return of the vehicle?

 

I hope this helps, the day at court will be in a room with yourself the Claimants representative (usually not even a full solicitor) and the judge. The room will be like an office the judge will be in a suit. Take copies of anything you need, take a bottle of water your mouth does get dry. Address the judge as Sir be polite to all people in the room. If you don't understand anything ask for it to be repeated.

 

Remember you dispute the Claim on the above points plus any other people may offer. Think of answers to explain why you dispute the above, get it clear in your head.

 

I hope this helps

 

Pumpytums

[Guest Mrs Hobbit]

Now Lowell are on here reading this thread, they will know exactly what is being advised.

 

I despair...I hope Lowell feel great. Sorry about not being constructive and offering advice in light of recent developments.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/267521-should-lowells-other-dcas-4.html

[olympic1805]

with my husband being the defendant, will I also be able to go in with him and point out what he should be saying ??

Also what does he wear, is it shirt, tie or suit ??

Never even been in a court !!!!!

[Guest Mrs Hobbit]

Dress as you would for a business meeting.

[olympic1805]

ok thanks, will I also be able to sit in with my husband ?

[pumpytums]

Hi Olympic,

you will be allowed in and can talk quietly to you husband but I don't think your will be allowed to address the judge/claimant. You can apply to be a lay representative if you want how ever.

 

 

This was used by DD

 

 

Claim:- xxxxx

 

 

 

|IN THE XXXXXXX county court

 

 

BETWEEN:-

 

 

 

XXXXX Bank Ltd

Claimant

 

(XXXX Solicitors Acting )

 

 

 

 

And

 

 

 

 

Mrs XXXX

Defendant

 

 

 

RE:- Claimants Application for Summary Judgement 10 June 2010

 

 

APPLICATION TO ALLOW LAY REPRESENTATIVE

 

 

 

I refer to the enclosed witness statements of both myself and my Husband in response to the claimants application for summary judgement .

 

I Am A litigant in person and cannot afford legal representation

 

My Husband XXXXXXXX has dealt with my financial affairs during XX years of marriage and although I understand the basic principles my husband has dealt on my behalf with this matter concerning XXXX and has a far better understanding of the Consumer Credit Act than I

 

I have been sick with worry with regard to hearings in the matter and have been depressed as a result of the thought of having to represent myself in court and am not confident enough to conduct my defence, ask questions or raise or test my opponents submissions or advance the appropriate legal arguments and feel that justice would not be served if I were required to conduct my own defence in court. Therefore I request the courts permission for my Husband Mr XXXXX to act as my lay representative in this matter.

 

 

 

Signed ………………………………........ ..... .. Date 7 June 2010

 

 

Pumpytums

[Guest Mrs Hobbit]

Yes you will be able to, you wont be able to speak, but you can hand him notes to remind him of points he needs to raise.

 

The Judge will ask you alk who you are. Most Judges are 'nice' and will try to make you feel at ease

[olympic1805]

Okay so when will I hand this Lay request in, on the day of court ?? Really scared now, someone mentioned a Duty Solicitor may be at court, and they speak for you ??

[Guest Mrs Hobbit]

You can hand this request in a week before at the Court and make sure the staff bring this to the Judges attention., You can do it on the morning of the hearing. There might be a Duty Solicitor, but if you are going to use him/her, please make sure they are aware of all the issues. They are local solicitors, who might not be au fait with the CCA and all the nuances involved. This is your choice of course.

[olympic1805]

It is just sooo scary, never having been court before, and my husband and I are both not very confident at speaking up !!!

[emandcole]

Hi Olympic, a few bits for you.

 

Easily said but try not be scared, it is only your lack of familiarity that causes this and once you're in there and settled you will quickly realise its just a room with people in it.

 

Secondly, you may feel silly doing this but if either of you are not very confident in speaking up get some practice in!

 

Sit down, play devils advocate with each other. Attack your defence whilst the other defends it, referring to the appropriate bits of evidence such as agreements, defaults whatever. This will quickly help you to become very familair with your argument and boost your confidence that you do know what you're trying to get over.

 

Have fun with it if you can, this will make it so much easier on the day and could make a world of difference to how the judge responds!

 

You can be sure the other side will not be shy and if they realise you're both a soft touch they will take over to some extent - don't let them. This is nothing to fear again, just playground bullishness but when you need to get your point across so the judge realises what your side is its vital that you can take control and do yourselves justice.

 

Hope it goes well.

[olympic1805]

Hi there Emandcole,

thanks for the advice, however I think whatever happens on the day I will have no control over !!! my husband is absolute scared to death, I think I will have to apply to be his representative, although dont know how good i wil be !!

What will happen on the day will the judge ask questions, or will you be given chance to state your cause, and if LINK does have the wrong DN on the day should I point this out or will the judge see ??

Sorry for all the questions but because I dont even know how it goes I am scared. It is just that word "Court" !!!!

[olympic1805]

I'm hoping for miracles and hope the judge will look and through out in our favour !!!! but dreams !!

[emandcole]

I'm hoping for miracles and hope the judge will look and through out in our favour !!!! but dreams !!

 

You should not go in there expecting a dreamy grotto with candy floss and a warm hearted judge taking time out from visiting orphans to ensure the creditors are playing nicely any more than you should expect a dark damp hole with festering cadavers and pits of fire...that's just the Link Financial staff room.

 

Its really very important that you are not gripped by fear and simply sit there whilst the claimant rolls off a speech that you cannot defend.

 

The format of the hearing is straight forward. The judge will have read up on the dispute and will go through aspects of the claim point by point in balance with the points you countered in your defence. It is here that you need to convince the judge that you have reasonable grounds to contest all or part of the claim.

 

Wherever either party has submitted documentation it will be examined and at the end of this process in conjunction with the answers you provide a decision will be made. Done.

 

The judge if they are on the ball with CCA issues may well lead to some extent but that is not their main role. It is for you to guide the judge to the conclusion you want and to do that you need to give him a reason to agree with you - the entire point of your defence then is to document the path you wish them to take.

 

I believe the main issue with your case is the lack of any deed of assignment? Can't recall off hand but if that for example is the main argument you have make sure the judge is fully aware and explores it.

 

You need to remember that your case is not special, he or she is not waiting for your case to come round as they're looking forward to it, to them its simply another case in another week of legal arguments and they are no more inclined to give it special attention than they are to dismiss it out of hand.

 

On many occasions a good defence can be tainted simply by poor delivery, the claimant being dominent and pushing the defendant aside where the judge is perhaps not as clued up on CCA law as they might be. Just make sure you put your points across and take every opportunity to ensure any query you have with any statement made by the claimant is fully examined.

 

Your husband will need to be entirely up to date with his argument, on the day it is his name and if you are left entirely to do the work he will be doing himself no favours. Of course if there are valid reasons for him not being able to speak for himself you should present them early on and be his lay representative as I believe you have already planned. Really important he is given the best opportunity to defend himself on the day.

 

Please try to stay calm, it really is just a room with a big desk and some tables and chairs. The rest of the room is familair office stuff like books, half dead spider plants and a suspended ceiling with an orange water mark somewhere .

 

As long as you know your argument and have presented it well with the appropriate reference material and any supporting documentation the judge will do their best to make you feel comfortable, they are not ogres.

 

Edited July 14, 2010 by emandcole

[pumpytums]

Basically at a summary judgement, the judge is looking to see if you have any basis for a defence. Which you have?

 

For example at my SJ the judge asked do you dispute the amount I said yes and how it was assigned. This was good enough. If you have any hope of a defence the Claimant will not get a SJ.

 

I took a huge folder to my SJ I didn't even open it. It was very informal and straight forward.You have a very good defence and Sink are trying it on big time they are greedy parasites.

 

Do you dispute the Claimants Claim?

 

Yes

 

Why?

 

I don't understand how the claimant can claim both the amount on the POC and the vehicle?

 

See what I mean.

 

I know it's scary but try to stay calm. Breathe.

 

 

Pumpytums

[emandcole]

Ooo, nice one pumpy, forgot this was a SJ and not an actual hearing date. Starting to get very confused with all the live threads .

 

Yes Olympic, echo pumpys advice completely.

 

You will be fine and take a huge folder with you as well perhaps, the opposition will be killing themselves to know what you've got stashed away in there

[olympic1805]

with it being a SJ will it be over on that day, or another day in court ?????