Court date 19/09/07 - Compling with the Order??***WON IN COURT***

[monopoly23]

I received an order from the court yesterday which is attached.

 

I have to get the documents required down to the court tomorrow, but I don't have a clue what I'll have to take. This is following on from my other thread about Next here. Also, I don't know what Im going to have to actually do on the day of court.

 

If anyone can help it would be most appreciated as i'm running out of time.

 

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[42man]

OK Monopoly....firstly don't worry as someone here will be along to help soon.....did you send off a CCA request ? when is this debt from ?

[42man]

Sorry Monopoly.....just read your Next thread....I was way behind...someone will be along....might even be worth posting this to your original Next thread....

[monopoly23]

Hi 42man, I hope you're right because this needs to be done tomorrow!

 

I have posted it on the Next thread but I typed it up instead of scanning it in. No answers yet as to what exactly I need to do.

[pt2537]

Have you tried PM someone like sequenci or rory32 to ask for their help,they may be able to assist, im sure they wouldnt mind given the severity of this situation and the urgency

 

regards

paul

[monopoly23]

Well Laiste is helping and even wrote the defence for me. She sent me a PM this morning but I got nothing back when I replied and she hasnt been back online yet. Since then I've PM'd Tomterm8 but he's not online yet. I don't really want to go pestering everyone all over the site even though it is urgent.

[diskmandave]

I've just had a good long read of your thread, and Rory as well as others are giving you a cracking defence.

http://www.consumeractiongroup.co.uk/forum/general-debt/96228-urgent-please-help.html#post890299

I can't really see this case being loseable unless you don't turn up.

 

All I could possibly add to what's already a most robust defence is that you could be complaining to the Court that the Plaintiff has not served upon you any of the documents on which they will seek to rely upon in Court at the hearing.

[42man]

Rory32 and Gizmo111 are online they may be able to help or contact some of the others.....or the legendary Diskmandave..!!

[monopoly23]

I've just had a good long read of your thread, and Rory as well as others are giving you a cracking defence.

http://www.consumeractiongroup.co.uk/forum/general-debt/96228-urgent-please-help.html#post890299

I can't really see this case being loseable unless you don't turn up.

 

All I could possibly add to what's already a most robust defence is that you could be complaining to the Court that the Plaintiff has not served upon you any of the documents on which they will seek to rely upon in Court at the hearing.

 

 

Hi dmd and thanks.

I know I already have the case against them but what's concerning me now is the fact that I don't know what documents I need to take to the court and post to the sols.

Is it everything including statements of the account? Or just important things that are useful to me like the letter that admits they have no agreement?

Do I need a covering letter?

Also, on the day of court, if I use a page of notes for myself that details all the laws they've broken/not complied with and dates etc, is this counted as one of the 'relied on docs' that will need to be copied to the court tomorrow?

 

Ive never been to court before (as you can probably tell lol) and I don't have a clue what Im doing. I dont want to be told off or to make the judge dislike me before we even start the hearing!

[monopoly23]

Rory32 and Gizmo111 are online they may be able to help or contact some of the others.....or the legendary Diskmandave..!!

 

Lol he's already here...

[diskmandave]

If you 'phone the Court and ask if the Plaintiff has submitted a bundle they should tell you, if they have, ask why it hasn't been served on you. If they haven't you're laughing even more.

 

Rory and Tom And Laiste are already giving you an un-losable defence IMHO so I don't want to complicate matters by adding to them.

 

Best wishes, Dave.

[diskmandave]

or the legendary Diskmandave..!!

 

Feeling very humble now!

 

But have to go out for a wee while... BRB though....

[monopoly23]

I didn't even know they had to submit a bundle! I didn't even get a copy of their AQ although I sent them a copy of mine.

 

I have heard nothing at all from their sols.

 

All I need to know is how to comply with the order.

[42man]

Help will be along soon Monopoly.....

[diskmandave]

You need to complain to the Court, it may still be open..?

[monopoly23]

So I just ask them why I haven't had a bundle served on me?

[monopoly23]

Just been on the phone to the court where I was told that they don't have to give us a court bundle or any copies of anything basically. If this is the case, why does it specifically say in the order that 'each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing'?

 

Why do I need to keep spending my hard earned fivers on next day delivery of info that they're not giving me back in return?

 

This is a right joke.

[tomterm8]

You should complain to the court manager in writing.

 

 

You need to send at least the following:

 

 

Legislation you need

 

Consumer Credit Act 1974 (especially s78 , 127, 88 )

Consumer Credit Act 2006 (especially sections on default notices, and schedule 3)

The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983

Data Protection Act 1998

 

 

 

 

Other information

 

Copies of all letters sent to you by Next, (particularly the letter you received from them on the 19th June 2007, stated unequivocally that Next do not hold a signed credit agreement)

 

Copies of all letters you have sent to next,

 

Any other information you have that is relevant

 

 

 

I think Laiste is on the thread, and will advise you further.

 

You can find most of the statutes on statute law; you may want to refer to House of Lords - Wilson and others v. Secretary of State for Trade and Industry (Appellant) etc as well.

[monopoly23]

Thanks tomterm thats what I needed to know!

 

I'll get started printing all this stuff off.

[gizmo111]

I know I already have the case against them but what's concerning me now is the fact that I don't know what documents I need to take to the court and post to the sols.

Is it everything including statements of the account? Or just important things that are useful to me like the letter that admits they have no agreement?

!

 

Absolutely everything that backs up your defence that you want the judge to consider as part of your defence - so a copy of every single peice of paper that you intened to rely on in court. In the bank templates library there is a basic court bundle - the contents won't apply to your case but it will give you a idea of what sort of stuff should be included.

 

Do I need a covering letter? NO

Also, on the day of court, if I use a page of notes for myself that details all the laws they've broken/not complied with and dates etc, is this counted as one of the 'relied on docs' that will need to be copied to the court tomorrow?

 

No you should have the relevant acts etc in you bundle - your own notes are for your own use during the hearing.

 

Just been on the phone to the court where I was told that they don't have to give us a court bundle or any copies of anything basically. If this is the case, why does it specifically say in the order that 'each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing'?

 

Why do I need to keep spending my hard earned fivers on next day delivery of info that they're not giving me back in return?

 

This is a right joke.

 

 

They are wrong the other side have to send a bundle to the court and yourself by 4.00 tomorrow, I think they may have misunderstood as the COURT does not have to give you anything.

If the other side don't submit a bundle then you just ask for the claim to be struck out on non-compliance.

[monopoly23]

So when I take all this down to the court tomorrow, would they tell me whether they've submitted a bundle or not?

 

Thanks for the advice.

[diskmandave]

I can't see why not...?

 

Here's a similar thread that's in Court tomorrow....

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/112402-court-hearing-me-horwich.html

[gizmo111]

So when I take all this down to the court tomorrow, would they tell me whether they've submitted a bundle or not?

 

Thanks for the advice.

 

If they have it - but they may not have sorted their post and married it up with your claim - courts are great at losing things. Make sure you get a receipt for yours from them. You will know in a couiple of days if you receive one or not though.

[monopoly23]

Thanks everyone.

 

What Im doing is extracting the sections that tomterm has told me about and just copying them all into one big word document. Will that be ok or shall I put them all on seperate peices of paper?

Also, do I need to underline or highlight the bits I'll be using, or should I leave that until I make my notes?

[tomterm8]

I would put information relating to each act in one document each.