Urgent!!! Please Help!

[pgscoop]

how do I do that? kind of green to this

[monopoly23]

Hold on and I'll get a link posted up...

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=89

 

This will start a new thread of your own in the general debt forum. This is where you have just posted, except in my thread. This will let you make your own.

[rory32]

pgscoop you may also want to have a look at this to give you the basics of using this site http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[pgscoop]

Cool thanks guys!

[malaga1]

hi monopoly! after seeing your posting over at ltsb i saw you had a problem with next.I am in same position. I had a 3month payment plan with them (been off work sick) i missed one payment then i received court papers.no default notice just papers from northampton court. the poc was exactly the same as yours but dated 8th may.on 17th may i sent letter asking for cca. They cashed the cheque and wrote back saying the matter would be investigated on the 29th may, and ive not heard another word from them.I put in defence(though not as good as yours as i hadnt seen this) i just said that i didnt acknoledge the debt and i had asked next to supply me with a tre copy of the cca which they hadnt and asked if they would supply it to the court. On mcol it says transferred to local court but ive heard nothing from them,next or solicitors.

[calm1]

Hi Mon - so here we are! Anything happened?

[monopoly23]

Ooh I just checked MCOL and it says it has been transferred to Bradford on 1st August. I don't have a clue what I'm supposed to do now!?

 

Malaga - Try getting in touch with your local court. I don't know what else to suggest really because Im now in the same situation. Sorry.

What date was yours transferred?

[tomterm8]

Ooh I just checked MCOL and it says it has been transferred to Bradford on 1st August. I don't have a clue what I'm supposed to do now!?

 

Malaga - Try getting in touch with your local court. I don't know what else to suggest really because Im now in the same situation. Sorry.

What date was yours transferred?

 

Is bradford your nearest county court? If so, it's just automatic. If not, you need to write to the case manager, say that you're a resident of XXX (Your Address) and a litigant in person, and ask that they transfer the court to your local court.

 

Is the address on your claim form correct, btw? If not:

 

For the attention of the case manager

 

In the Matter of Claimant vs YOU

Case Number XXXX

In the COURT County Court

Dear Sir or Madam,

 

RE: Incorrect Address on claim form,

 

Could you help me please? The claimant provided the wrong address on my claim form, and subsequently some of the court documents have been served to the wrong address.

 

Is it possible to change my address in your recordss to: YOUR ADDRESS, and arange for any documents served at the incorrect address to be served to me?

 

Also, I'm aware that as a litigant in person, the case is normally transfered to my local court. Is it possible for you to arrange this, since my case seems to have been transfered to the wrong court?

 

Yours Sincerly,

 

XXX.

 

Fax the court and the soliciters.

Ring the court the next day to see if it has been recieved.

[monopoly23]

Hi tomterm, yas Bradford is where I live and the addresses are all correct.

 

Postman just came and I have got a Notice of Transfer of Proceedings.

There is a note to all parties saying a defence has been filed, the claim has been transferred to the area the defendant lives, all communication should now be addressed to Bradford Combined Court.

There is a note just to the defendant saying I must complete the allocation questionaire provided and return it to the court by 20/08/07.

 

Argh!?

[tomterm8]

Hi tomterm, yas Bradford is where I live and the addresses are all correct.

 

Postman just came and I have got a Notice of Transfer of Proceedings.

There is a note to all parties saying a defence has been filed, the claim has been transferred to the area the defendant lives, all communication should now be addressed to Bradford Combined Court.

There is a note just to the defendant saying I must complete the allocation questionaire provided and return it to the court by 20/08/07.

 

Argh!?

 

Cool, that's just standard...

 

which allocation questionairre have you got, small claims track or the mamoth one? LOL:)

 

p.s. didn't it say anything about a stay of 28 days?

[monopoly23]

Its an N149 small claims tracks.

I cant find anything about a stay unless its Section A - Settlement - on the AQ which asks if you would like any further action to be postponed for one month to attempt to settle out of court or ADR.

[tomterm8]

Its an N149 small claims tracks.

I cant find anything about a stay unless its Section A - Settlement - on the AQ which asks if you would like any further action to be postponed for one month to attempt to settle out of court or ADR.

 

So the letter to day your defence has been recieved, and served upon the defendant didn't say something alongs that the defendant can chose to proceed or not and has 28 days to do so, after which the case will be stayed?

[monopoly23]

No this letter has come 33 days after I filed the defence online. Heard nothing in that time until now. If this is an automatic thing, to be transferred locally from MCOL, does this mean that the solicitors probably still haven't responded.

 

The only instructions I have is to complete and return the AQ by 20/08/07.

[tomterm8]

No this letter has come 33 days after I filed the defence online. Heard nothing in that time until now. If this is an automatic thing, to be transferred locally from MCOL, does this mean that the solicitors probably still haven't responded.

 

The only instructions I have is to complete and return the AQ by 20/08/07.

 

1. it is automatic, and 2. presumably, they have responded.

 

Looks like you'll have to fill in your AQ by 20th... it is quite a simple one, but Laiste will advise you, I'm sure.

[monopoly23]

I don't understand how they could possibly respond to that defence. It was blatantly obvious that they don't stand a chance in hell, as they admitted they don't hold an agreement.

 

I haven't heard from Laiste since she provided the defence, do you think I should PM her? I don't like to bother her because she has already helped me loads and I know she's really busy helping other people.

[tomterm8]

I don't understand how they could possibly respond to that defence. It was blatantly obvious that they don't stand a chance in hell, as they admitted they don't hold an agreement.

 

I haven't heard from Laiste since she provided the defence, do you think I should PM her? I don't like to bother her because she has already helped me loads and I know she's really busy helping other people.

 

The response is only if they intend to pursue the claim or not... presumably, they intend to continue.

 

I think you should PM laiste, haven't seen her around much recently:)

[monopoly23]

Ok I will do. I think I need to just tick no to pretty much every question though lol.

[FANTASY CHARGES]

MONOPOLY

i read everything about your case from a money point of view i feel they are not acting in the shareholders interests £187 alleged debt court fee= ?? solicitors fee = ??? apart from having "norfolkinchance"

 

now will tomterm check these words out is this applicable

"a party affected by this order may under rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order "

 

i have cribbed this

[tomterm8]

MONOPOLY

i read everything about your case from a money point of view i feel they are not acting in the shareholders interests £187 alleged debt court fee= ?? solicitors fee = ??? apart from having "norfolkinchance"

 

now will tomterm check these words out is this applicable

"a party affected by this order may under rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order "

 

i have cribbed this

 

Um... no, not particularly relevant, as such.

 

PART 24 - SUMMARY JUDGMENT is more relevant.

 

The most effective way to force 'em to close down these small claims, i find, is simply to look through the OFT debt collection guidelines, find something they did wrong in the last 6 months, and send them a formal complaint.

 

'Cause, you then submitted it to the F.O.S. and that costs them 450.

[monopoly23]

Well I PM'd Laiste and she will be helping me to fill out the AQ this weekend at some point. Phew! Thanks everyone

[monopoly23]

Well the AQ was filed in good time but Ive had absolutely nothing in return from the solicitors. Not even an acknowlegdement.

I suppose I'll just have to wait to hear from the court now.

[malaga1]

Hi Monopoly! I took my AQ to the courts last week. Heard nothing from Next or Howard Cohen Solicitors only by phone when they said they had no agreement for me! Just dont see how they can go this far with no agreement! Will let you know if I Hear anything! Good luck with yours

[monopoly23]

Thanks malaga1. I checked the CRA's yesterday and Next have left a big fat default on there. Its going to take me ages to try and get that removed.

Sill the same otherwise - no AQ from their sols. Doesn't look like they'll be filing one to me...

[monopoly23]

Well I have not recieved a copy of their AQ but today we got a notice of allocation to the small claims track - and the hearing is set for 19th September!!!

 

There is an order attached which states:

 

1. This claim is allocated to the small claims track and the parties are reffered to Part 27 of the Civil Procedure Rules and the Practice Direction of that Part for guidance on how the hearing of the claim will be conducted.

 

2. The claim will be heard at the place and time which is set out on the notice.

 

3. The hearing will take 1 hour and the court must be notified if this estimate may substantially increase.

 

4. The parties are encouraged to try to settle by negotiation and the court must be notified if this happens.

 

5. The following directions must be complied with and if not, the party at fault may have to pay costs.

 

6. Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely on at the hearing no later than 14 days before the hearing.

 

7. The original documents must be brought to the hearing.

 

8. The judge may refuse to consider a document or take it into account if a copy of it has not been sent to all parties as required by this order.

 

9. Neither party may rely on any report from an expert at the hearing unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.

 

10. Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application to the court (together with any appropriate fee) to arrive within 7 days of service of this letter.

 

Thats it. I dont have a clue how to prepare all this now and I can't believe they have only given us 2 days to get all this info to the sols and to the court.

 

Please help!!!!

[Laiste]

Hi Monopoly,

 

Before we get into what you need to do, can you tell me the date that's on the Order. You will find it in the top right hand box of the Order itself. Also, can you tell me when you received this Order?

 

Regards,

 

Laiste.