i have just received court papers in respect of a debt for 22249.82, tesco personal finance via incasso solicitors.

[looloo200]

it came from the solicitor, with a covering letter saying same had been filed at court. As i sed previously, 24th Sept 4pm was meant to be deadline set by court order for standard disclosure of documents. They do this . anyway thanks

[surfaceagentx20]

OK, so it's something they say has been forwarded to the court for issue. Can we see the agreement they sent to you and can we see the list of documents you were sent by the other side's solicitor?

 

x20

[looloo200]

I havent been sent any list of documents, just the AN and a copy of the agreement, which I have received b4, copy posted up b4, this time it has the terms and conditions attached on a seperate sheet.

[looloo200]

I am sorry, i have just looked over the AN and there is a screen print out attached, but only ON,E, re default notice sent 15 June 2005, nothing to do with Demand sent Oct 2005. It is basically A4 sheet paper with computer gobbldygook on first line then," default notice" 15 June 2005". I hope Andy, I hear from you today. I am truly at the end now, I dont know where to turn

[questioning]

OK, so it's something they say has been forwarded to the court for issue. Can we see the agreement they sent to you and can we see the list of documents you were sent by the other side's solicitor?

 

x20

 

Hi looloo,

Looks like surfaceagent x20 was trying to help and asked to see the agreement they sent you.

As far as I can see the agreement has been removed. (Although the thread is really long I might have missed it.) Perhaps if you posted it back into your thread you may get some more help.

I suspect the default notice you have been sent is merely representation /example of a letter they claim was sent to you on x date,

Brilliant x20's advise, trash the wittness, the banks always say we don't keep copies of DN but it was sent on xx xx xxxx.

I know its easy for everyone to keep saying you should calm down, especially as they are not dealing with this first hand as you are but they are correct. Take a deep breath and think positive. Try and calm your self, easier said than done I know, but you're making your self ill with worry. You even had an offer to attend court with you the other day from a member so there really are lots of people wanting to help.

Above all, you have experts helping you through this, take some comfort from that. you'll be ok Looloo.

Edited September 27, 2008 by questioning

[AndyOrch]

Afternoon Loo

 

Yes Im still with you but snowed under at the moment.I appreciate it is a tad difficuilt when two of us are trying to advise.X20 is on the same wavelength as myself and I fully agree that that the default Note and agreement are the the crux of you case now.

I have been looking over what you posted last night and giving it some thought and my advise if X20 is in agreement is to issue a AN along with a witness statement , to trash the claimants AN (particullay Witness comments) along with the Default notice and CCA.I would therfore advise you in the meantime to post up a copy of the CCA & T&Cs and screen prints of said DN.I know Loo I keep labouring this but i cant stress how its vital to your next move.You have a copy of the original Agreement in your possession, be it blank, have what they sent you, in anyway and in particular the T& Cs, mirror image said blank agreement you have?

This is vital because if it dosent then we can only presume that they dont have the original.They cant produce a copy if they are to continue the claim.

I will be on and off throughout the day so stay calm.

 

Regards

 

Andy;)

[looloo200]

Hi, Andy you have advised me all long and wish to stick that way. I have not got the original agreement, i thort I had but havent. The Copy is a copy of the original, and this time with terms and conditions sheet attached.It is a genuine copy, I know that is my signature. I will try to post up again. I couldnt get photbucket to work properly yesterday, is there another way i can post up? Regards

[looloo200]

[looloo200]

[looloo200]

[looloo200]

I appreciate everyone s help. it is making me ill. I believe you can read these. These came yesterday

[looloo200]

i have just had notice that the AN hearing is in Nov 24th, I cant attend on that date as I am away , what do I do ?

[phatram]

Notify the court.

[looloo200]

Notify the court in writing? Can I notify the court that the claimant has not adhered to the order the judge made for standard disclosureby wed 24 Sept? Or does this AN override that anyway ?

[AndyOrch]

i have just had notice that the AN hearing is in Nov 24th, I cant attend on that date as I am away , what do I do ?

 

Hi Loo

 

You need to notify the Court you are uable to attend to vacate the hearing date In writing and keep a copy.

 

Regards

 

Andy:cool:

Edited September 30, 2008 by Andyorch
edit

[looloo200]

It was a notice of hearing from the Court. What do I have to say at this hearing what should I be doing, should i be amending my defence? Can i report to the court that the Claiman ts havent adhered to the order, the judge made in August, ie standard disclosure by 24th September? Should i still send my witness statement in by 5th November ? A lot of questions I know, but i dont know what to do next, which direction to go.

[looloo200]

bump

[AndyOrch]

It was a notice of hearing from the Court. What do I have to say at this hearing what should I be doing, should i be amending my defence? No Can i report to the court that the Claiman ts havent adhered to the order,Yes the judge made in August, ie standard disclosure by 24th September? Should i still send my witness statement in by 5th November ?Yes A lot of questions I know, but i dont know what to do next, which direction to go.

You need to vacate the hearing date firstly as you state you cant attend failure to do this will rile any DJ

Andy

[looloo200]

Can i report to the court The Claimant s have not complied with the court s order for disclosure and ask for hearing to be changed all on n244, or is it best to write letters ? will the judge take note of a letter?

[AndyOrch]

Hi Looloo

 

You would keep that seperate by simply writing to the case manager with your claim number.The AN is to simply request an order ie disclosure to negate the witness statement in their AN etc.

Have you verified that their AN as actually seen the inside of a Court? There is somthing not quite right with what you have posted i would check with Court to see if it as been submitted and verify its authenticity.

 

Regards

 

Andy

[looloo200]

Yes, I have had a notice of hearing from the court, it is 4 24th november at 12 pm, 30 min hearing, in response to the claiman ts application notice, it is genuine, they are looking for summary judgement. However, they have not sent their disclosure statement/copies of documents which should have been done by order of the court by 24th Sept 2008. All they have sent is the cca, printouts of a screen regarding DN x1 and the schedule of arrears.

How do u mean something not quite right, ? I want to move the hearing becoz i m not available, complain they have not complied with the order re disclosure and want to be able to respond to their application notice to strike out my defence and get summary judgement, I need to be prepared but not sure what I can do and most importantly attack the latter. Many thanks

[AndyOrch]

Have you confirmed what kind of hearing it will be? will it be a telephone hearing or will the Claimants be present? worth finding out in advance Loo then no unexpected suprises.

Firstly you need to vacate the hearing date before we move on to the AN have you downloaded or picked up a copy of the AN?We have plenty of time to submit this so dont worry on that point for now. I will walk you through the completion of this when we are ready and also draft you a letter to attach

So your next task Loo is to write to the Case Manager to advise vacation and the reason you are uable to attend do this tomorrow loo i have already advised you 3 times.

 

Regards

 

Andy

[looloo200]

yes I have written to the court and am waiting for a reply. As for the hearing it says I should attend, it is to hear the claimant s AN and will last 30 min, i am away on that date on a course. Yes I know where to get an AN. Thanks

[looloo200]

Hi help needed with putting together a witness statement, what info it should contain and how to set it out. Wld be grateful for any ideas. Thanks

[looloo200]

bump