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Thread: Catalogue debt

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  1. #176
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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    Hello everyone. Hope you've all enjoyed Easter.
    Apologies for the absence here but I have been quite anxious this last few weeks and had to find the strength to pick myself up and keep up.

    As an update I sent the DQ and agreed to mediation. I heard from them by email and I responded saying I did not have all the document needed to proceed so they responded and say it had to go back to court to decide so now waiting fir next move. I am also waiting to receive documents form Shop Direct. I sent the letter back on the 15th march so there is still a couple of weeks till I received it?.

    I have a couple of other things I need to deal with but will start new separate threads on them to keep all tidy.
    Good morning Nafta,

    The claim will be transferred to your local county court for a judge to give directions as to how the claim should proceed

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  2. #177
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    Default Re: Catalogue debt

    Hi, It has been a while, I have moved home and all very hectic. I have arranged for post to be redirected but I have not had anything with regards to this claim yet and I am wondering if I have missed a letter or two since the move? can someone advice me? should I phone or email the local county court and inform of change of address, I am afraid letters might have gone to the old address and I can miss a deadline?

  3. #178
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    Default Re: Catalogue debt

    tell the court

  4. #179
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    Default Re: Catalogue debt

    & the Claimant's solicitors.

    Both in writing with proof of posting.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
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  5. #180
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    Default Re: Catalogue debt

    Quote Originally Posted by MIKE770 View Post
    tell the court
    Quote Originally Posted by charitynjw View Post
    & the Claimant's solicitors.

    Both in writing with proof of posting.
    . . . tell the Claimant if you are waiting for a CCA Request to be complied with (or not).

    And also tell the original creditor if you have sent a SAR Request and await a response.

    But most importantly ask NCCBC if the claim has been transferred to your local county court because you should have received a Notice of Transfer from them by now.

    Then you will get a Notice of Allocation/Hearing with Directions (to file a Witness Statement etc) and the Trial date direct from your local court.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  6. #181
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    Default Re: Catalogue debt

    ok so I have to notify of change of address but in the meantime i have received a letter from the local county court saying it is ordered that claimant do file at court and serve defendant copies of the agreement default notice and Assigment by 4pm on 22/5/2017 as requested by me on the 18/01/17.

  7. #182
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    Default Re: Catalogue debt

    ball in their court now to follow court directions/

  8. #183
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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    i have received a letter from the local county court saying it is ordered that claimant do file at court and serve defendant copies of the agreement default notice and Assigment by 4pm on 22/5/2017 as requested by me on the 18/01/17.
    That's a court Order not just a letter

    Does it say that the claim will be struck out unless they comply with the Order by 22nd May?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forum’s site rules don’t allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  9. #184
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    Default Re: Catalogue debt

    Quote Originally Posted by Diana M View Post
    That's a court Order not just a letter

    Does it say that the claim will be struck out unless they comply with the Order by 22nd May?

    Di
    no , just that one paragraph I am afraid

  10. #185
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    Default Re: Catalogue debt

    i have sent a letter to the Local county Court informing them of change of address. Should the next one got to the Claimant or their solicitors?. Also the Court order is asking for Notice of Assignment and yet in one of their letters Lowell inform me that that is between them and the creditor? Does this mean they don't have one?

  11. #186
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    Default Re: Catalogue debt

    Quote Originally Posted by nafta View Post
    i have sent a letter to the Local county Court informing them of change of address. Should the next one got to the Claimant or their solicitors?.
    Solicitors.
    Also the Court order is asking for Notice of Assignment and yet in one of their letters Lowell inform me that that is between them and the creditor?
    Did they state Notice of Assignment, or was it Deed of Assignment?
    If they said 'Notice', absolute rubbish!
    Law of Property Act 1925 s136.....

    (1)
    Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor..............
    Does this mean they don't have one?
    ####
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  12. #187
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    Default Re: Catalogue debt

    Quote Originally Posted by charitynjw View Post
    ####
    sorry it was deed of assignment.

    So I have not heard from anyone now and they had till the 22nd to present those documents to the court. Shall I call the court and ask?
    I have since also received the documents to my SAR request and this is the list of documents sent to me. (find attached). What would be mi next move?
    Attached Images Attached Images

  13. #188
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    Default Re: Catalogue debt

    Are you saying that the court directed them to disclose a Deed Of Assignment (or possibly multiple Deeds), & they have failed to do so by the court's stated deadline?
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  14. #189
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    Default Re: Catalogue debt

    Sorry @charitynjw there was confusion . The court asked them to produce notice of assignment and the agreement default but I don't know if that has been done as I have not heard anything. I did send a letter to both solicitors and court with change of address so hope to hear something soon but in the meantime I a wondering if I should contact the court? I received the documents fro the SAR request and have not received much. List of documents sent in my previous post photo.

  15. #190
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    Default Re: Catalogue debt

    Give the court a ring to see whether they have any details on the order.
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  16. #191
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    Default Re: Catalogue debt

    Was there a copy of the original agreement & T&Cs in the SAR response?

    Anything from Lowells yet? (re the CCA request).
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

  17. #192
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    Default Re: Catalogue debt

    No copy of agreement or term snd conditions just the papers mentioned in the list. And nothing new from Lowells.

  18. #193
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    Default Re: Catalogue debt

    You will need to ask the Judge to consider striking out the claim due to non compliance with the order.
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  19. #194
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    Default Re: Catalogue debt

    Quote Originally Posted by Amethyst View Post
    You will need to ask the Judge to consider striking out the claim due to non compliance with the order.
    I still don't know if they have presented the documents the judge asked the had to present by the 2nd May. If i ring the court will the tell me?

    - - - Updated - - -

    Quote Originally Posted by Amethyst View Post
    You will need to ask the Judge to consider striking out the claim due to non compliance with the order.
    @Amethyst how do I go about this?

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