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Re: Catalogue debt
Thank you for all this. Do you think with so little time they will stop the hearing even if they think we have a strong WS? Also this might be silly but at the beginnig you ordered over the phone but towards the end I ordered online choosing to spread over 12 or more months therefore having interests charge as it says on my WS. so I have agreed to some interest.... I guess still there is the issue of no contract etc....?
Originally posted by Amethyst
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Just be honest... if they ask if you received a DN you can say you don't know, you don't remember etc. If they ask if you ordered goods, then yes, explain how you telephoned up etc like you outlined on here, if they ask if you signed an agreement, then you can only say the truth - you did not ... your case is strong, and if you just tell the truth you can't be tripped up. Occassionally they ask narky stuff about did you have the goods and think you didn't have to pay for them? and so on, but just answer honestly, you had the goods and paid periodically, when you got into difficulty paying you asked for some leaway but they refused and started adding interest / charges etc and you couldn't keep up payments .... they have never sent you terms or asked you to agree to interest/charges terms and so on, and you understand that legally they should have done under the consumer credit act ( the bit from your defence ) and that you understand the consequence of their not doing so is that any debt that has arisen is unenforceable.
If they try anything about the agreement provided was an error and they need more time to get the right one... then mention they have had since January when they issued the claim to provide the orignal agreement, but you don't believe they can because you never signed one.
Your Witness Statement will do most of the talking for you, but have a copy to hand to refer to if you need it. Also have a copy of your defence with you.
You'll also want their WS and all their evidence they have provided so far, so you can check things as they talk and dispute any new or misleading stuff they bring up in court.
@pt2537 @Diana M; obvs have much more experience in court hearings ( I've only been to a couple, just read lots of accounts on here from other people who have been through them ) so should be able to give you some more tips xxx
Still hoping they read your WS and decide they're better off ditching the case though
If they try anything about the agreement provided was an error and they need more time to get the right one... then mention they have had since January when they issued the claim to provide the orignal agreement, but you don't believe they can because you never signed one.
Your Witness Statement will do most of the talking for you, but have a copy to hand to refer to if you need it. Also have a copy of your defence with you.
You'll also want their WS and all their evidence they have provided so far, so you can check things as they talk and dispute any new or misleading stuff they bring up in court.
@pt2537 @Diana M; obvs have much more experience in court hearings ( I've only been to a couple, just read lots of accounts on here from other people who have been through them ) so should be able to give you some more tips xxx
Still hoping they read your WS and decide they're better off ditching the case though
Nope, none.... 
xxxx
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