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3rd Re determination Hearing
Dear Legal Beagles
Please could you help and advice me with our case
My wife had a catalogue credit account that she opened in 2010, we stopped paying it in 2013 due to extortionate and unexplained charges being added to the account we tried to close the account but they insisted we owed a further £700
We refused to make any further payments until a full statement and explanation of the charges could be provided they never sent this information instead continued to demand money with eventually sending the matter to a debt collector.
We continued to ask for a full statement and explanation of charges from the debt collector and in 2015 received a single sheet of paper with what i would describe as an internal overview of the account showing that we had only received goods to the value of £400 and in fact we had paid £1350 already over 3 times that amount back ?with no explanation of the extra charges but still demanding a further £700 we continued to ask for explanation
In 2016 they applied and successfully achieved a CCJ against my wife, unfortunately we were away out of the country at the time so we failed to attend court or defend ourselfs
However we applied for a re determination hearing and was granted this held in October 2017, we attended the hearing but the claimant failed to turn up or provide any paperwork, we presented our case with paperwork and statement, the judge glanced at this and then ordered the claimant to provide a full statement of arrears setting out balances, charges etc to be submitted by the end of the Month (What we had been trying to achieve for 4 years ) and set a further hearing to be held in December 2017 he also ordered us as the defendants to pay the claimants £8 a month until the next hearing
What happened next, The claimant sent in the same single sheet of paper with account overview that i had received in 2015 with no explanation as requested and they sent it late some 30 days after the deadline that they were ordered to do so, Further more which shocked me some of the figures on the statement had changed some 2 years after the same copy was received and some 4 years after the account was closed ! Lastly the overview was accompanied by a letter threatening bailiff action.
We paid the £8 a month as ordered and have just returned after attending the 2nd hearing in front of the same judge and i am in disbelieve with the result ! The claimant again failed to attend so we again presented our case with statement, we pointed out to the judge that the account over view from the claimant was sent late with differing figures to the paperwork received in 2015 and did not constitute a full statement as ordered, we also pointed out that the claimant was still threatening bailiff action even though the case and decision was in the hands of the courts, The judge appeared to dismiss all this and almost seemed disappointed that he could not rule against us because of the behavior of the claimants so instead he has set a 3rd hearing giving them another opportunity to provide statements and ordered that they attend court this time !
We feel completely let down by the system, even after providing all our evidence and despite the fact the claimant failed to attend x 2 hearings and ignored the courts specific instructions they have again been given a 3rd chance ? I feel that even if we attend the 3rd hearing and in the event that the claimant does decide to turn up we are set to lose as it appears the judge has made his mind up in favour of the creditor and even through all their bad form he is determined to give them another bite of the cherry !
My question is what options do we have now ? Im quite sure we will get the same judge again and feel the outcome from the 3rd hearing will be bias as the judge is determined to rule in favour of the claimant and just their presence will give him the opportunity to do so, can we ask for another judge to rule at the 3rd hearing ? is appeal the way forward ? Do we have any action to bring to the claimant at this stage ?
Any help and advice on the above would be very much appreciated and i sincerely look forward to hearing from you
Please could you help and advice me with our case
My wife had a catalogue credit account that she opened in 2010, we stopped paying it in 2013 due to extortionate and unexplained charges being added to the account we tried to close the account but they insisted we owed a further £700
We refused to make any further payments until a full statement and explanation of the charges could be provided they never sent this information instead continued to demand money with eventually sending the matter to a debt collector.
We continued to ask for a full statement and explanation of charges from the debt collector and in 2015 received a single sheet of paper with what i would describe as an internal overview of the account showing that we had only received goods to the value of £400 and in fact we had paid £1350 already over 3 times that amount back ?with no explanation of the extra charges but still demanding a further £700 we continued to ask for explanation
In 2016 they applied and successfully achieved a CCJ against my wife, unfortunately we were away out of the country at the time so we failed to attend court or defend ourselfs
However we applied for a re determination hearing and was granted this held in October 2017, we attended the hearing but the claimant failed to turn up or provide any paperwork, we presented our case with paperwork and statement, the judge glanced at this and then ordered the claimant to provide a full statement of arrears setting out balances, charges etc to be submitted by the end of the Month (What we had been trying to achieve for 4 years ) and set a further hearing to be held in December 2017 he also ordered us as the defendants to pay the claimants £8 a month until the next hearing
What happened next, The claimant sent in the same single sheet of paper with account overview that i had received in 2015 with no explanation as requested and they sent it late some 30 days after the deadline that they were ordered to do so, Further more which shocked me some of the figures on the statement had changed some 2 years after the same copy was received and some 4 years after the account was closed ! Lastly the overview was accompanied by a letter threatening bailiff action.
We paid the £8 a month as ordered and have just returned after attending the 2nd hearing in front of the same judge and i am in disbelieve with the result ! The claimant again failed to attend so we again presented our case with statement, we pointed out to the judge that the account over view from the claimant was sent late with differing figures to the paperwork received in 2015 and did not constitute a full statement as ordered, we also pointed out that the claimant was still threatening bailiff action even though the case and decision was in the hands of the courts, The judge appeared to dismiss all this and almost seemed disappointed that he could not rule against us because of the behavior of the claimants so instead he has set a 3rd hearing giving them another opportunity to provide statements and ordered that they attend court this time !
We feel completely let down by the system, even after providing all our evidence and despite the fact the claimant failed to attend x 2 hearings and ignored the courts specific instructions they have again been given a 3rd chance ? I feel that even if we attend the 3rd hearing and in the event that the claimant does decide to turn up we are set to lose as it appears the judge has made his mind up in favour of the creditor and even through all their bad form he is determined to give them another bite of the cherry !
My question is what options do we have now ? Im quite sure we will get the same judge again and feel the outcome from the 3rd hearing will be bias as the judge is determined to rule in favour of the claimant and just their presence will give him the opportunity to do so, can we ask for another judge to rule at the 3rd hearing ? is appeal the way forward ? Do we have any action to bring to the claimant at this stage ?
Any help and advice on the above would be very much appreciated and i sincerely look forward to hearing from you
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