Advice on a Court hearing in 2 weeks.

**Roddaz77** · 13th February 2018, 19:01:PM

nemesis45 nemesis please can you give us some help and assistance
ihave just seen the 'book they have sent.. Witness statement, Argos statements, and a default notice with them also sending letter of claim and county court. They fail to attach the one after I requested docs and they said they would back.in September 17
an agreement (not signed) by Argos

I sent in my defence yesterday on the basis I hadn't got anything to defend but now I'm over a barrel I'm guessing.

what do I do next ... phone bw and ask them to be nice and accept payments not court...
wait to see what the judge says
cry

**warwick65** · 13th February 2018, 21:01:PM

Hi
How much is the claim for?

It is difficult to advise without knowing a bit more such as
When was the account opened
What did you plead in your defence
What exactly have they sent you

These are the sorts of things they do all the time - did you serve your witness statement on both the court and BW , can you prove they got it- i ask because of my own experience when they 'misplaced my WS and claimed they hadn't received it (not BW I hasten to add but Lowells were the claimant

**Roddaz77** · 13th February 2018, 22:33:PM

warwick65 warwick hi ..
claim is for £3k
account was opened around
around 2007
pleaded in defence they had not sent me anything to defend apart from a ccjcourt letter and that I didn' receive the default notice or that it had been transferrd to lowells.
they have sent me their witness statement
statements from the original.lender
notice of court
letter of claim
default notice

**Roddaz77** · 14th February 2018, 13:31:PM

Amethyst Diana M Please guys any help with this would be amazing at this late stage.

They have put in the witness statement that my defense is also a generic template!!

**Amethyst** · 14th February 2018, 13:43:PM

Did you send them your witness statement, if not yet, when is your witness statement due to be exchanged ?- it is normally 14 days before the hearing which is likely why you have received theirs so if you haven't done it will need to get on and do that.

Would you be able to do pics of the docs they have sent you and upload them ( suitably redacted ) to here?

Who was the original creditor ? was it Argos (Home Retail Group Card Services ( https://register.fca.org.uk/ShPo_Fir...000001MVpGEAA1 ) maybe?)

**Roddaz77** · 14th February 2018, 13:51:PM

Yes I sent my witness statement off Monday morning, then when I got home theirs was waiting for me. Yes Argos (Home retail)
My defence was based on not having anything from them to defend, and the fact I requested info in September and had heard nothing.

Its literally a book, Their witness statement, the statements from Argos, an unsigned, unnamed 'agreement' the notice of default, letter of claim etc.
If I was to upload it would take me a week to do..

If I was to do a IVA or a DRO now would this be included or would this be separate as its now in court.

**Amethyst** · 14th February 2018, 13:57:PM

"an unsigned, unnamed 'agreement'" - could you post a copy of that up pls.

What you need to do is go through the documents and check if everything is in order, if there are faults you could enter a supplemental witness statement to the court, if they all are fine then you could consider trying a negotiation with the claimants to settle, likely by installment, under what's known as a Tomlin Order - so the court case is put on hold while you make payments and you don't have the CCJ applied against you unless you miss a payment ( when it goes back to court where you left off ).

IVA/ DRO is a leap from receiving their witness statement - we don't know any of your circumstances of course - Debt Camel

**Roddaz77** · 14th February 2018, 14:05:PM

As soon as I get home I will get it scanned in and uploaded, would it be possible for them to agree a 'tomlin order' or would they be more likely to just go to court? How would I do this with them as I am guessing the Judge will look at this and grant them the CCJ so they are in the driving seat and probably tell me to *&%$ off.
I am unable to attend court also this day as I have a young baby and a child at school who will need picking up at 3pm, the court is 2.30ish and a 40 minute train journey to court.. So am unable to even ask for support or pleade my case to the judge

Thank you for the help by the way

**Debt Camel** · 14th February 2018, 14:26:PM

Originally posted by Roddaz77 View Post

If I was to do a IVA or a DRO now would this be included or would this be separate as its now in court.

This debt will be included in an IVA or DRO if you do one now or if you wait until there is a CCJ.

Whether or not one would be sensible depends on the rest of your financial situation. If you have more debt than you can management to repay in a sensible length of time if all interest is frozen, then a form of insolvency may be a good idea. You also need to think if you have any debts which have gone quiet but which aren't yet statute barred, so the debt collector could pop up and ask for repayment.

If you qualify for a DRO you should not consider an IVA. IVAs are meant for people with assets to protect. If you don't, then a DRO should be your first thought - see https://debtcamel.co.uk/debt-options/dro/ and
https://debtcamel.co.uk/dro-other-debt-alternatives/

**warwick65** · 14th February 2018, 17:38:PM

Just a point about an IVA- I was told a few years ago by someone who organised IVA's that often the creditors would expect you to release equity from your home as a kind of final payment at the end of the 5 years. Personally I would be very lothed to touch one

**Roddaz77** · 14th February 2018, 22:44:PM

I'm trying to upload two docs.
the quality isn't good but the agreement is not signed or got my name on it at all
and the other is a screen of lowells account..

the other thing that is confusing me or making me.think they are dodgy is the dates the account set up are different on their system to the date on the 'credit agreement'

i know I'm clutching at straws here but anything I can use against them would be amazing

**Roddaz77** · 14th February 2018, 22:59:PM

Here are the docs

Attached Files

**Roddaz77** · 14th February 2018, 23:01:PM

Amethyst here are the details

**Amethyst** · 15th February 2018, 07:46:AM

Okay so agreement titled ' executed agreement 16/03/2007 ' - what date is the account opening in the POC/Witness statement ? Execution is likely to be days/weeks after you actually signed the agreement. However the Lowell screenshot says agreement start date 18/10/07 ? so the copy isn't the executed agreement ( not yours anyway ) and must be a recon example terms that were in force from 16/3/ 07 ?

Date wise it adds up generally - up to October 2006 they were ARG Card Services Ltd then changed to Home Retail Group. The Widnes address for contact is right. Thats about all I can read on that. Charges would be £12 or under for late payment if you can make that out? Previously to 2007 they were £15.

Did you have card protection plan on the account?

Advice on a Court hearing in 2 weeks.