Lewis Debt Recovery - Next Directory**WON IN COURT**

[Anthuk]

Was indeed Howard Cohen and sounds like you got same blank sample I got. You should be ok as Court will not take good view of this useless piece of paper!!

[pt2537]

Well, it gives me great pleasure to change the thread title to **WON**

[pt2537]

Originally Posted by alfwithhair

Well Done. Was it Howard Cohen the solicitors by any chance? I have just received a letter from them threatening court action regarding a Next account that they supplied the same blank sample agreement for. So your result has made my day. Lets hope I am as successful should they carry out their threat.

you will be no doubt Alf, and if they do follow through, i could do with a holiday so i may even take a trip to cornwall

[alfwithhair]

Originally Posted by pt2537

you will be no doubt Alf, and if they do follow through, i could do with a holiday so i may even take a trip to cornwall

You are very welcome Paul. You can come down and front the case for me. Truro is very nice in the summer.

[rippedoffagain]

Originally Posted by Anthuk

Offered them £50/month which I cannot really afford to which guy laughed and said they would proceed and get judgement.

Smart ar**s arent they.


Well done Anthuk, bet the solicitors face was a picture.

[Anthuk]

Solicitor was the smarmy sort. That was until Judge tore into her. She basically could offer nothing in reply to his questions as she did not have CCA or default notice. We could tell by Judges attitude that he was not impressed with Next's total disregard for Consumer Credit Act and Small Claims Court procedures. The smile was rapidly wiped from her face when she realised we were armed to teeth and Judge was no pushover. She tried to say that our internet application was sufficient to satisfy CCA requirement but Judge almost laughed at this. It was scary, but fantastic when Judge dismissed claim and I saw the solicitors face. Quality and JUSTICE!!

[rippedoffagain]

For the last thirty years or more ordinary people just have not gone to court to defend themselves. Thanks to forums such as this people are becoming educated, and are not allowing the industry to walk over them.

[alfwithhair]

Anthuk.
I notice in your defence you mentioned that no default notice had been issued. Had a default been actually registered on your credit file?
My son has had one put on his file but Next has never send a default notice only a letter saying the account would be defaulted on a certain date.
Your case sounds like a carbon copy of the one I am trying to sort for my son.

[Anthuk]

Exactly! These Banks and DCA's etc have been bending the rules and flouting the law for years. Its payback time (or maybe not!!) excuse the pun!

[Anthuk]

No default notice ever issued. Have yet to check credit file but if one is entered there then I will be taking Next to court for damages re ruined credit status.
After reading your thread it seems that your dealings with Next are almost identical except that Next took us to court within FOUR days of alleged default. The letter you received 23/5/08 was the pretext to actual County Court form N1 being received. I would not worry at all as these clowns are an absolute joke! The Judge picked so many holes in their case it was actually quite entertaining to see their solicitor squirm!!

Originally Posted by alfwithhair

Anthuk.
I notice in your defence you mentioned that no default notice had been issued. Had a default been actually registered on your credit file?
My son has had one put on his file but Next has never send a default notice only a letter saying the account would be defaulted on a certain date.
Your case sounds like a carbon copy of the one I am trying to sort for my son.

[Anthuk]

Have found that there is default recorded on credit file by Next 7/12/07 even though case was kicked out by Court as no CCA. Surely this is illegal as they are not allowed to process any data. Can I have this removed?

[pt2537]

I would write to them pointing out they lost the case in court and invite them to remove the data relating to this account or they may end up losing another case in court

[Anthuk]

Thanks PT. Will do that.

[alfwithhair]

Originally Posted by Anthuk

Have found that there is default recorded on credit file by Next 7/12/07 even though case was kicked out by Court as no CCA. Surely this is illegal as they are not allowed to process any data. Can I have this removed?

I see they have done the same to you as my son, recorded the default without issuing a valid default notice. Did you receive a letter from Next prior to the account been passed to Lewis? They mentioned of the default being registered in the letter they sent my son saying they were transferring the account to a outside debt collector. But didn't say at the time it would be Lewis or when the default would be registered, just that is would.

The are a shower of A Holes NEXT.

[Anthuk]

I find it incredible that they are so incompetent. Surely after presenting the same non valid evidence in court many times over they still pursue and harrass people, spend ridiculous amounts in Court fees without any hope of winning and totally break many laws. Most people learn a lesson when beat.These morons take us for fools and are size 10 A holes!!! Chickens coming home to roost!!

[Anthuk]

I was so worried when this case came to a head and court beckoned. Now I realise that this is EXACTLY what these parasites want to happen with their threats and bully boy tactics. At the end of the day they are NOT above the law as proved yesterday by myself. They expect you to fold at first hurdle which most people probably do. I could not believe it when their solicitor actually turned up at Court especially after their total non compliance with so many requirements in both CCA and Court Procedures. My gut feeling was that Judge in our case was disgusted at both their aggressive attitude and their total disregard for the law.