Urgent!!! Please Help!

[pinkerton_angel]

Hiya Monopoly,

Just to let you know you're not alone out there!!!

Unfortunately I don't have the knowledge to be able to help you much but can offer any support you may need.

And a very big thank you for the advice you have given me too!!

Hang in there, it'll all come good in the end, we're all right behind you...

pinky

[rory32]

If you want something to cheer you up monopoly have a read of bluetacks thread http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/90012-just-been-court-cl.html

[calm1]

Hello, just to let you know the same as pinky - I haven't been able to say anything more than Laiste - really you are in such safe hands there! I have also bought a new computer and it is rubbish - it's an absolute nightmare on internet connections, etc, even with a few more megs added to memory!! So have taken my old portable from my daughter to stay in touch with the world! You've only got a few days left now and I know you are a bit worried, don't be, they really have no case and are clearly trying to make you sweat it out. The fact that they have got you into such a state at times goes to show how they can use this as a winning tactic against someone with no support. The difference is that you have got support - and fully qualified support at that, from someone who clearly understands the system, so HANG ON IN THERE! I think you may have a nice surprise from your postie very soon.

 

How's baby - I hope you are making the most of your time left and not wasting it on NEXT.................................

[monopoly23]

Hi everyone. I'll check that link out in a minute rory...

Glad to see I'm not alone in here lol!

The baby's fine calm1. I have 1 full day left with her booooo!

Unfortunately, as the defence has to be filed by Friday, and that's the night I go back to work, I will probably spend the next 2 days on here!

I know next have no chance, I just want to find out more about a c/c and what I could get them for.

[monopoly23]

Just read rory's link about bluetack. Well done her! Id love to be typing along those lines in the not too distant future...

[calm1]

Tonight's the night - are you ready Monopoly??? I am sooooooooooo excited for you - it's like the who shot JR storyline - we all want to know the outcome of this.................. Look forward to hearing from you!

[monopoly23]

Erm I think I might have been about 4 when that happened lol!

 

Laiste has been in contact and she's in the process of writing the defence. It will be available either tonight or tomorrow, so you'll get to see what's in store for Next along with me!

 

Have you figured out what's wrong with your computer yet? I'd take it back if I were you.

[speedy016]

Hi monopoly

 

Just wanted to let you know I'm always around for any support you need although it doesn't seem that you are gonna need much cos you've got Laiste batting for your team and shes a STAR!!

 

Your always there for me in my battle with NW and that is really appreciated, I can't believe you have helped me out so much when you have obviously got more serious things going on.

 

GO GET EM GIRL and keep us all posted. YOU'RE AMAZING.

 

Speedy

[monopoly23]

Thanks speedy. Its nice to see I have supporters out there!

 

Only 4 hours now until I have to file....

[Laiste]

Hi Monopoly,

 

Here it is, finally! Hope it's okay for you, I'm sure it will do the trick!

 

Regards,

 

Laiste.

 

DEFENCE

 

The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:-

 

No account number is detailed on the claim form to identify the Defendant as the holder of an account with Next or as someone owing monies to the same. I would therefore contend by reason of want of particularity that the Claimant’s case is entirely spurious and unless amended in compliance with the Civil Procedure Rules, can and should be struck out pursuant to part 3.4 of the same. The remainder of the Defence is pleaded without prejudice in respect of the issues raised by the Claimant in the Particulars of Claim.

 

The Defendant denies that he is liable to the Claimant as alleged in the Particulars of Claim, or at all. On the 7th June 2007, a request for a true copy of the alleged agreement was sent to the Claimant’s Solicitors. The request was made under section 78(1), running account credit, of the Consumer Credit Act 1974. It was sent by guaranteed next day delivery with the requisite £1.00 fee enclosed and received by the Claimant’s Solicitors on the 8th June 2007.The Claimants had twelve working days from receipt of the request in which to furnish a credit agreement, as stipulated in Regulation two of The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983, which gave them until the 25th June 2007 to comply. The Claimants in a letter I received from them on the 19th June 2007, stated unequivocally that Next do not hold a signed credit agreement and that under section 127(3) of the Consumer Credit Act 1974 they know that the debt is unenforceable. Having instigated these proceedings without any legal basis for doing so and allowing the case to continue; in the full knowledge and having admitted that no credit agreement exists, the Claimant’s conduct amounts to unlawful harassment under section 40 of The Administration of Justice Act. Furthermore, the Claimant’s behaviour is entirely vexatious and wholly unreasonable.

 

It is denied that any Default Notice was ever received and the Defendant puts the Claimant to strict proof that said document was received. Additionally, in the letter of the 19th June 2007, the Claimant enclosed a copy of the alleged Default Notice sent. This letter does not conform at all to the requirements of section 88 of the Consumer Credit Act 1974, in respect of the details a Default Notice must contain, it is therefore entirely legally invalid. It will therefore amount to unlawful processing of my personal details and a breach of the Data Protection Act 1998, if a Default has been registered with any of the Credit Reference Agencies on the basis of a legally invalid Default Notice and furthermore, one that was never received.

[Laiste]

I forgot to say, copy and paste the defence, don't type it all in the box, it will take forever!:o

 

Also print off the final page when you've done it so you've got a timestamped record that it's been received!

 

Regards,

 

Laiste.

[monopoly23]

Hi Laiste, thanks so much for the defence!

There was no way I'd miss the deadline though lol, I was just getting a bit of shut-eye before my shift tonight.

 

I'll go to MCOL now and if I have any trouble, I'll come back here.

 

THANKS AGAIN!

[monopoly23]

I guess I dispute the full amount?

Sorry to be thick, but I don't want to get anything wrong.

[Laiste]

I'm sending this message just as a precaution. If the system won't let you submit the defence, you need to ring the Court number on the claim form and ask to speak to a manager. Don't mess around having a lengthy chat with of the people that answers the phone, they won't be able to help you and you will just be wasting time.

 

Explain to the manager that due to their system problems, you can't file the def and need his/her email to send the def with a covering note, explaining this. Get the person's name and an ABSOLUTE GUARANTEE from them that if you send it in the next 15-30mins it will be accepted. I have done this for other people, so there are no problems with doing this. Also ask the person to send you a confirmation email/or to ring you to confirm it has been received & accepted. Make sure you cover every angle with this and do not let anyone fob you off! At the end of the day you can file up until 4pm. If their system can't cope that's their problem, not yours! Regardless of what they might say!

 

Hopefully this message will have been an entire waste of time!

 

Laiste.

[monopoly23]

Ok everyone, the defence has been filed thanks to the fantastic Laiste, who without, many of us would probably just pay these companies!

 

Once again, eternal gratitude to Laiste! :)

 

(I bet she gets sick of all the praise...)

[monopoly23]

Hopefully this message will have been an entire waste of time!

 

Laiste.

 

Yes it was!!! LOL

[monopoly23]

Just been reading through our printed version, and every apostrophy has turned into a question mark! Is this normal?

 

Im sure they won't mind

[Laiste]

No that's not normal! It would be wise to ring the Court and state what you have noticed. It will make the defence read differently and to some degree illogically, which the Claimant's sols might seize upon. I would ring now rather than leaving it, as otherwise it may be sent to the Claimants before you have the chance to do anything about it!

 

Laiste.

[monopoly23]

Wee we've tried ringing but can't get through as yet. Just listening to their idea of music at the minute.

[symeon]

Hi Monopoly,

 

Think they're only open until 4pm Mon-Fri.

 

Regards,

 

Symeon.

[monopoly23]

Hi we got through, the woman said she didn't think it would matter...don't know how clued up she was though. She then gave us the number for the helpdesk, who in turn said we had to ring the first number we tried!

 

Sounds familiar...

[symeon]

Typical!....

 

I thought because you were still listening to their music when you posted @ 16.45 that they may have closed.

 

Oh well, good luck anyway.

 

Kind Regards,

 

Symeon.

[monopoly23]

Thanks Symeon. With that defence, Im sure we won't need it!

[speedy016]

Thanks for the rep thingy monopoly, reading that defence sure put a smile on my face. :grin: Bet it did yours too!!

 

Have a good shift tonight.

 

Speedy

[Josie8]

Yes ace defence...