Lewis Debt Recovery - Next Directory**WON IN COURT**

[Anthuk]

Sorry I am not on forum often enough to update regularly!!

[moggieb]

Sorry-Just bumping this cos pt2537 has already advised what you need to do. Maybe another MOD could advise?

[pt2537]

Originally Posted by Anthuk

Well looks like another loss for CAG member!! Gonna get my ass kicked in court no doubts....

Im sorry, but, i really think you need to stop, take a long hard think about the urgency you have placed upon this issue.

you dont post anything for months keeping us updated as to how things are going, then outta the blue you say help im going to court on xxx date. BUT you dont give us any idea as to what orders (if any) youve been given by the court so when i ask it takes you 6 days to reply,

im afraid that i do go out of my way to help people with their cases even to the point of going to court and giving evidence on their behalfs relating to the credit agreements etc but i can only help people who are looking to help themselves, i personally give up a great deal of my own time to help people and so do the other site team members and the members of the CAG as well to help others and its quite infuriating when people dont bother til the last minute with their claims. fact is that you should have been asking questions long ago as to what,why,when,how etc if you werent sure


clearly taking 6 days to reply says to me that you place little urgency upon this matter , and further more you only need to look around this site for the information that you needed. there have been many people who are in the same situation as you find yourself,so the info is on their threads, you need to look for it im afraid


im sorry if this sounds harsh but its not a loss for the CAG,

[Anthuk]

Sorry PT. Have been working 70 hrs a week for last month or so so not been online much. Totally my own fault I know but have had very little time to sort out.
Sent my stuff off to Lewis and Court however have not received anything from Lewis re their case. As it is now within 14 days have they messed up??

[Anthuk]

Anyone?

[Anthuk]

Bump!

[Anthuk]

Still not recd anything from Lewis and just over a week to court date. Surely as they have not complied with legal requirement to send me copies of their court stuff they are in breach and case should be kicked out? Help anyone?

[pt2537]

Right well, you need to look at the order that the court made,if the order says something along the lines of " if the claimant fails to comply with this order the claim will be struck out" then you may be able to apply to the court to ask for their claim to be thrown out

but its all down to the order that the court made and more importantly the wording of it

[Anthuk]

I am refering to Notice of Allocation to Small Claims Track. It states that parties must serve at the Court and upon other party copies of all docs etc no later than 14 days before the hearing.
Also states that if they do not file and serve docs etc as set out then the court may decide not to admit the evidence of the party in default.
As they have not served anything on me at all bar the original County Court form N1 surely their case is looking dodgy. Still no copy of CCA either

[Anthuk]

What do I say before Judge? As other side have not lodged docs properly do I simply ask Judge to 'strike out' claim as it is inadmissable?

[Anthuk]

Anyone?

[Anthuk]

bump

[Anthuk]

Anyone?

[Anthuk]

In Court Friday so would appreciate some help. My defence is non supply of CCA as none exists as far as I know. Have recd nowt from Lewis or Next. What do I do in Court?

[Anthuk]

Bump!

[hisholinessthepope]

Anthuk,

Write out what you want to say in court and then read from a prepared statement. In fact start it with ... this is my first time in court and I am rather nervous, if you don't mind sir / madam I have a prepared statement I would like to read to address the court.

Then just tell them when you requested the Credit Agreement in accordance with the Consumer Credit Act. And also explain you have not received any paperwork from the Claimant. In the circumstances you do not believe that the case should continue.

If you think a question might arise, write a reply and have these on another sheet ready to read. Anything your not expecting just be honest with the judge. If you don't understand ask the judge to explain or just say what does that mean please? Take a friend with you, if you can and ask them to write notes for you of what is said.

I have only been into the judges chambers once and it was scary but be prepared and it will go much better.

[Anthuk]

Thanks for that Hisholiness.
Have recd docs this morning from Lewis (dated 27/5, recd 28/5 and case is 30/5!!!!) Obviously WELL outside 14 day deadline set by Court and a deliberate attempt to frustrate my defence I think.
They have sent blank copy of CCA as they reckon they do not by law have to supply actual signed copy (obviously this does not exist!!) They also state that default notice was issued 7/12/07 (no copy sent as one was never issued) County claim form was issued 31/12/07 so where was 28 days default period.
My last payment of £75 was made on 5/11/07 and previous month I paid £100. Find it alarming that they resorted to DCA and court proceedings so quickly. I really want to screw these parasites now. They seem to think they are above the law. Hopefully I will prove they are not.
Your opinions and any help please!!??

[Anthuk]

Think I am sorted now thanks to PT! Will post up soon as I know outcome