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Urgent help - Court tomorrow for CCJ - My defence
skylight
Posts: 10,716 Forumite
As titled!!!!! I cannot go and am giving them this letter instead. Do you think it is okay? I think it needs to be more succient and streamlined. I need to print this ASAP, so as much help as possible would be great (My baby mushy brain forgot about it!)
Dear sirs,
As I am unable to attend the court date (I do not wish to bring with me my 3 week old baby daughter), I would like to submit the following in my absence.
1. The claimant had not provided me with a copy of the credit agreement as requested twice (documents already submitted in defence) as per the Consumer Credit Act 19674 (sections 77-79).
2 I am most disappointed that a reputable company such as Hyundai Car Finance is able to completely ignore my requests for the above documentation, but is able to supply copies to the court for this case.
3 As they have chosen to ignore my requests but have taken me to court anyway, we have not been able to resolve the matter amicably. They have subsequently added court charges to the debt – charges that they would have avoided charging me had they adhered to the request for the credit agreement in the first place. I feel as if I have been deliberately penalised for exercising my legal rights.
4 As Hyundai Car Finance have since provided a copy of the Credit Agreement, I do acknowledge the original debt, but dispute the interest and additional charges applied. A mutually beneficial re-payment plan would have been arranged between ourselves had they proved the debt as requested.
5 I have included a breakdown of my family’s income and expenditure. I do not work and therefore do not have an income.
6 We (my husband and I) currently owe £40k between ourselves and have taken advice from Payplan and CCCS in tackling our debts. They have both suggested Bankruptcy, but this is not an avenue that we particularly want to take.
7 My breakdown of income/outgoings also has at the bottom a list of offers of payments we have made to all our creditors on a pro-rata basis (rounding each up to the nearest pound).
8 As you can see, I am only able to offer a monthly payment of £15 for this debt. Should my circumstances change in the future, I will contact Hyundai Car Finance.
Dear sirs,
As I am unable to attend the court date (I do not wish to bring with me my 3 week old baby daughter), I would like to submit the following in my absence.
1. The claimant had not provided me with a copy of the credit agreement as requested twice (documents already submitted in defence) as per the Consumer Credit Act 19674 (sections 77-79).
2 I am most disappointed that a reputable company such as Hyundai Car Finance is able to completely ignore my requests for the above documentation, but is able to supply copies to the court for this case.
3 As they have chosen to ignore my requests but have taken me to court anyway, we have not been able to resolve the matter amicably. They have subsequently added court charges to the debt – charges that they would have avoided charging me had they adhered to the request for the credit agreement in the first place. I feel as if I have been deliberately penalised for exercising my legal rights.
4 As Hyundai Car Finance have since provided a copy of the Credit Agreement, I do acknowledge the original debt, but dispute the interest and additional charges applied. A mutually beneficial re-payment plan would have been arranged between ourselves had they proved the debt as requested.
5 I have included a breakdown of my family’s income and expenditure. I do not work and therefore do not have an income.
6 We (my husband and I) currently owe £40k between ourselves and have taken advice from Payplan and CCCS in tackling our debts. They have both suggested Bankruptcy, but this is not an avenue that we particularly want to take.
7 My breakdown of income/outgoings also has at the bottom a list of offers of payments we have made to all our creditors on a pro-rata basis (rounding each up to the nearest pound).
8 As you can see, I am only able to offer a monthly payment of £15 for this debt. Should my circumstances change in the future, I will contact Hyundai Car Finance.
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Comments
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I don't have any advice to offer I'm afraid, but I hope the court case goes well for you. All the best xx"I wasn't wrong, I just wasn't right enough.":smileyhea97800072589250
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I'm sorry, how rude of me - forgot to say congratulations on the birth of your daughter!"I wasn't wrong, I just wasn't right enough.":smileyhea97800072589250
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Hi Charlotte - hope you and baby are doing well.
Things like this always seem to happen when you really don't need them.
In my opinion, your letter of defence is excellent. It should also be copied to the appropriate section on the summons which you received.
The judge SHOULD see, from your letter, and SOA, that you are serious about your debt, and SHOULD also see that you have made a serious offer of payment against the alleged debt.
Equally he/she should take note of the fact that the claimant has not provided you with the original credit agreement, within the allowed time frame, and MAY adjourn the case, to give the Claimant time to give a reason as to why they did not provide you with this agreement.
In any case, no judge should make you pay any more than you can afford.
Good luckI am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
Hi, I have been through what you have and to be honest it will be seen more favourably on you if you attend rather than just sending in a letter. Also if you turn uo and the other party does not then the case will more than certainly go in your favour.
So although your letter is excellent it is far better and personal if you find a way to attend, when you are in it will only take 5-10 mins.
Can u not get a friend or family to go with you to court and wait in the restaurant (as most do have them) or in the waiting area, that way the most you will be apart from your baby is minuites?
Only my view but think you will benefit by attending and you are more likely to get it sorted their and then as opposed to it dragging out, like I said if they dont turn up for whatever reason it will good news for u. If they do then you can argue your case better than just in a letter, dont be afraid as the law is on your side !!!!
Good luck anyway.Dmp Mutual Support thread member No 820
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