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Thread: *** DISCONTINUED *** Catalogue debt

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  1. #176
    nemesis45's Avatar

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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.
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  2. #177
    nafta's Avatar

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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
    MIKE770's Avatar

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    Default Re: Catalogue debt

    tell the court

  4. #179
    charitynjw's Avatar

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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
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
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  5. #180
    Diana M's Avatar

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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 forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. 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
    nafta's Avatar

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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
    MIKE770's Avatar

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    Default Re: Catalogue debt

    ball in their court now to follow court directions/

  8. #183
    Diana M's Avatar

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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 forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. 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
    nafta's Avatar

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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
    nafta's Avatar

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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
    charitynjw's Avatar

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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
    nafta's Avatar

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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
    charitynjw's Avatar

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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
    nafta's Avatar

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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
    charitynjw's Avatar

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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
    charitynjw's Avatar

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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
    nafta's Avatar

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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
    Amethyst's Avatar

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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.
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  19. #194
    nafta's Avatar

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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?

  20. #195
    nafta's Avatar

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    Default Re: Catalogue debt

    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 ?

  21. #196
    Diana M's Avatar

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

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. 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

  22. #197
    Diana M's Avatar

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    Default Re: Catalogue debt

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

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. 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

  23. #198
    nafta's Avatar

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    Default Re: Catalogue debt

    Quote 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 @Diana M . 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!!

  24. #199
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    Default Re: Catalogue debt

    Quote 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.
    ďWe may not win by protesting, but if we donít protest we will lose. If we stand up to them, there is always a chance we will win.Ē Hetty Bower

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

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  25. #200
    Diana M's Avatar

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    Default Re: Catalogue debt

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

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email [email protected]. 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

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