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*** DISCONTINUED *** Catalogue debt

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  • Re: Catalogue debt

    That sounds as if you've received a Notice of Hearing with Directions including the date/deadline for filing your Witness Statement etc.

    It's a court Order not a letter

    The Hearing/Trial fee is paid by the Claimant not you.

    When's the Hearing date?

    Di

    Comment


    • Re: Catalogue debt

      Originally posted by nafta View Post
      I have received a letter from the court saying it is going to small claim track hearing.
      I haven't read back through your whole thread today but wasn't this claim for over £10k?

      If it's been allocated to the Small Claims Track (over £10k claims normally go to the Fast Track) then you won't be at risk of paying the other side's legal costs if you lose - assuming you stick to the rules (CPRs/deadlines etc) and don't get sanctioned by the court for anything.

      I expect Howard Cohen suggested Small Claims Track so they wouldn't have to pay your legal costs (if you sought representation) which will enable them to go all the way to the wire (Trial/Hearing) knowing that if they lose they won't be getting a bill from you.

      A claim of this size is unlikely to Discontinue so start to focus on your Witness Statement.

      Di

      Comment


      • Re: Catalogue debt

        Originally posted by Diana M View Post
        That sounds as if you've received a Notice of Hearing with Directions including the date/deadline for filing your Witness Statement etc.

        It's a court Order not a letter

        The Hearing/Trial fee is paid by the Claimant not you.

        When's the Hearing date?

        Di
        Thank you [MENTION=87380]Diana M[/MENTION] . We dont have a hearing date yet and I dont know which documents I have to present. The order only says we have till 27/7 to send them to the court. It says if we come to agreement then we have to notify the court. It says if either party want to apply to have it stayed we can do that by the 14/7. You say it is unlikely to discontinue so you would not try to?

        What do I need to prepare? As I said Littlewoods sent me all the data asked for and there was not contract at all. The solicitors sent me previously some documents that we are still trying to find out if they were from the time or not. Other wise all I have received from them in response to my letter has been uploaded here.

        Any advice much appreciated as always thank you!!

        Comment


        • Re: Catalogue debt

          Originally posted by nafta View Post
          Hi I have received a letter from the court saying it is going to small claim track hearing. It also says that because the order has been made without considering representations from the parties I have the right to apply for the order to be set aside varied or stayed. I have only 7 days from the date of the order which was the 7th June so that only leaves me till the 14th. I have to send application and fee? I cannot find this information . Can someone advice me ? It lado days each party should deliver documents to each other but does not say which ones and that copies should be sent to the court by the 27/7/17. Any advice ?
          You are quite happy in Small Claims Track I think so no need to worry about applying to vary that order.

          Would you be able to take a pic of the notice/order you have received and post it up on here. Just so we all know exactly what we're talking about. It does sound as though Witness Statements and documents you intend to rely on have been ordered to be exchanged and filed at court by 27th July. Mostly that is ordered with notification of a hearing date but recently courts have started asking for WS exchanges before booking a hearing date, possibly as so many are dropped between Witness Statement and Hearing.

          Your Witness Statement will basically list what you have done and what the claimants have failed to do ( provide the agreement ) to date. There are some examples http://legalbeagles.info/forums/show...ness-Statement so you can see what a WS consists of.

          You've still had nothing from the Claimant in response to your CCA and CPR requests and I reckon it's quite a good indication that no agreement exists if you haven't received any copy agreement in your SAR from Littlewoods.
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • Re: Catalogue debt

            Originally posted by Amethyst View Post
            recently courts have started asking for WS exchanges before booking a hearing date, possibly as so many are dropped between Witness Statement and Hearing.
            Another reason is for the court to be able to make an accurate estimate of the time needed for the hearing before listing it.

            Defendants (and sometimes Claimants) frequently have to make applications (or consent with the other side) to vacate a hearing and re-list it for a longer slot.

            At least the WS gives the court some indication of the the legal arguments which will be fought over and how long it would take to plough through all the evidence in detail.

            Di

            Comment


            • Re: Catalogue debt

              Originally posted by nafta View Post
              As I said Littlewoods sent me all the data asked for and there was not contract at all. The solicitors sent me previously some documents that we are still trying to find out if they were from the time or not. Other wise all I have received from them in response to my letter has been uploaded here.
              Your thread has grown quite long over time so is it possible to upload those documents you received from the solicitor again or say the post number where they can be found.

              Sorry to be a nuisance

              Di

              Comment


              • Re: Catalogue debt

                Originally posted by Diana M View Post
                Your thread has grown quite long over time so is it possible to upload those documents you received from the solicitor again or say the post number where they can be found.

                Sorry to be a nuisance

                Di
                Not a nuisance at all
                #11 ; #113 ; #114 and #187

                I am trying to get husband to send me a photo of the latest order.

                Comment


                • Re: Catalogue debt

                  [MENTION=87380]Diana M[/MENTION] here are the photos. Hope you can read the
                  Attached Files

                  Comment


                  • Re: Catalogue debt

                    Today I have received the hearing dat in August. It says that if claimant does not play fee and complete application the claim will be strack out?

                    Comment


                    • Re: Catalogue debt

                      Originally posted by nafta View Post
                      Today I have received the hearing dat in August. It says that if claimant does not play fee and complete application the claim will be strack out?
                      Struck out!

                      Comment


                      • Re: Catalogue debt

                        Sorry it says claimant does not pay fee, are you on a low income are you working, if you are on a low income did you fill out an EX160, or have you paid the fee also fill out the paperwork you need to.

                        Comment


                        • Re: Catalogue debt

                          Originally posted by sloane82 View Post
                          Sorry it says claimant does not pay fee, are you on a low income are you working, if you are on a low income did you fill out an EX160, or have you paid the fee
                          The OP is the Defendant in these proceedings.

                          As you said, it's the Claimant who has to pay the hearing fee not her.

                          Di

                          Comment


                          • Re: Catalogue debt

                            Sure so you will have to pay a fee, or if you are on a low income fill in an Ex 160.

                            Comment


                            • Re: Catalogue debt

                              Originally posted by sloane82 View Post
                              Sure so you will have to pay a fee, or if you are on a low income fill in an Ex 160.
                              nope ... the poster on here doesn't have to pay a fee. It's the claimant that does
                              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                              It doesn't matter where your journey begins, so long as you begin it...

                              recte agens confido

                              ~~~~~

                              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                              But please include a link to your thread so I know who you are.

                              Specialist advice can be sought via our sister site JustBeagle

                              Comment


                              • Re: Catalogue debt

                                Are you the claimant or defendant?

                                Comment

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