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Next directory taking me to court


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Hi Kell

 

I take it they are trying to pass off the bottom letter as a Default notice if they are its nearly as bad as mine. (and that was the main reason i won my case, no DN)

 

The blank application form is a normal response when they have no signed agreement, and if the reply was to a cca request then that reply would be sufficient. However it was a reply to a CPR request and a Judge will want to see a signed agreement and a valid default notice, and if i were you i would send an application notice (N244) to the court politely asking for the above Documents to be filed at court and served on the defendant.

It costs £40.00 unless you receive benefits then you can fill out form EX160 for a fee remission.

 

GG

 

 

Its not looking to good for them is it?, anyway hope all this helps, please don't worry. You just need to take it one step at a time.

 

Sit down, grab a tea, paper/ pen and write out the steps one at a time.

Chill.

 

Trooper68

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Hi Kell

 

Look at my thread post 56 exactly the same Default notice as you, they have sent you that letter thinking you will accept that as a DN, if the court see that letter it should be struck out like in my case. A carefully worded N244 is the Way to go and it won't get to court because they will not be able to comply with what ever court order the judge issues.IMO

 

GG

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Hi there,

 

Is this the form?

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

 

 

 

Do i send this off to the courts with photocopies of the letters next sent me and also the court fee? Or do i send the form off with the fee?

 

Im stuck as to what to do.

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and will i have to attend the court because its about 150 miles away from my home town and i am due to have a baby in the next 3 weeks.

 

Hi kellemeek

 

The court shold be moved near to where you live. If not give the court a call and get them to move it to your local.

 

Trooper68

Trooper68:)

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Hi there,

 

Is this the form?

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service - Court Information and Addresses) is not available

 

 

 

Do i send this off to the courts with photocopies of the letters next sent me and also the court fee? Or do i send the form off with the fee?

 

Im stuck as to what to do.

 

What have you had from the court? You will need submit a defence if you are going to defend it. Have you had the quistionarie about how much you earn etc?

 

Trooper68

Trooper68:)

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yeah its 4 blue pages long. I have sent the section off asking for another 14 days because i want to defend the claim.

 

 

Could i not just write up a defence to the court and attach the letters recieved from Next to the blue court papers or is it better to get the n244 forms?

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I have rang a free legal advice centre in Hull and they said i can pop in sometime tomorrow to discuss it with them, I dont have a clue as to what to do so i hope maybe they can help me with it.

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Next sent me a blank agreement so I wronte back and asked for a copy of the one I signed. They wrote back and said they didn't have one on file but would I like to pay them anyhow...errrm no agreement, no ability to enforce....

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I have rang a free legal advice centre in Hull and they said i can pop in sometime tomorrow to discuss it with them, I dont have a clue as to what to do so i hope maybe they can help me with it.

 

 

Hi Kellemeek

 

Good, glad that you are getting help, the court is very informal, its not like a criminal court at all. You should not worry.

 

Trooper68

Trooper68:)

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Next sent me a blank agreement so I wronte back and asked for a copy of the one I signed. They wrote back and said they didn't have one on file but would I like to pay them anyhow...errrm no agreement, no ability to enforce....

 

Hi MW

 

Yeap, its called a gift.

 

 

Trooper68

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Hi Kell

 

If you want to file a defence then the defence i filed is on my thread just alter it to suit your case. Sending the N244 into the court is asking the court to request documents from Next which i believe they will not have to be filed at court.

 

Like i stated in an earlier post that letter they have sent you that they purport to be a DN is exactly the same as the one they tried to take me to court with. Its not a DN so this case shouldn't even of made it into the court system, but thanks to the northampton bulk centre they can get away with it. But you need to make the court aware of the dodgy documents they are trying to sue you with.

 

1. If they have no signed agreement, Game over they can not enforce.

 

2. No Default notice, they have no rights to make a claim against you in a court.

 

Let me know which way you want to go and if i cant help you il ask someone else who has helped me to look in.

 

You have sent in the Acknowledged service for the extra 14 days, if so have you worked out when you need to get a defence in by.

 

GG

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