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

[casbah]

oooooooooooooooooh! I like you pt.
Now for the next bit..................if on the agreement they have imposed a two per cent monthly interest rate should the account fall into arrears and or default/judgement is this a penalty???

cas

[pt2537]

rigtht, i will try to answer

If the rate being charged is contractual and is a genuine pre-estimate of their losses for your breach then they may be lawful

i would look at the agreement and ask is it correct and properly executed if its not then you need not worry about charges as it would be unenforceable and they can charge you what they like, they wont get it

if its improperly executed of course

[casbah]

would you look at it for me???

[casbah]

please

[pt2537]

yeah no worries

[pt2537]

if you can post a link to it in something like photobucket i will look over it

[casbah]

ok thank you you little super star, just have to work out the photobucket thingy

cas

[johndeevoy]

What a joke that Next sent their solicitor to Court with a blank CCA! Made me laugh! Well done on the win!

[casbah]

http://i253.photobucket.com/albums/h...tecontract.jpg

I hope I have done this right PT

cas

[casbah]

The info I require is clause 5.............is this a penalty? they have used a single formulae to calculate the amount payable.
And 11d they say they will give a 4% discount on all outstanding payments, cos its on the contract do they HAVE to give this discount?

unenforcable liquid damages????

This is the link to my own thread on this

cas

[casbah]

tick small claims as long as the claim is below 5000 ITS THE CLAIM NOT INCLUDING THEIR COSTS, SO IF THE CLAIM IS UNDER 5K THEN ITS SMALLCLAIMS

PT this is a quote form one of your other postings in Re: County Court Summons - can i defend it?

Is this correct??? if the amount of their claim is under 5k then it should be small clams track?????

[pt2537]

Originally Posted by casbah

tick small claims as long as the claim is below 5000 ITS THE CLAIM NOT INCLUDING THEIR COSTS, SO IF THE CLAIM IS UNDER 5K THEN ITS SMALLCLAIMS

PT this is a quote form one of your other postings in Re: County Court Summons - can i defend it?

Is this correct??? if the amount of their claim is under 5k then it should be small clams track?????

yes prima facie, although track allocation is a matter for the judge ultimatley but if the claim is under £5k then it would fall into small claims , most likely anyway

[casbah]

so if the amount INCLUDING their fees comes to 4,700 can I insist it go through small claims? this is getting seriously hard.
I went to court on november 07 judge adjourned cos claimant sols hadn't sent me documents. went back in feb in front of different judge who found in favour of claimant. but the amount included court fees and solicitors costs..............can i get this overturned?

[pt2537]

would really need more info than that which you have provided to be able to really say for sure

but a judgment from feb would be extremely hard to get set aside as an application for setting a judgment aside MUST be made promptly and months later would not be prompt

[mejules7]

Sorry to post on this thread but unsure as to how to start my own.

I need some help - I've been using advice/letter templates etc from various threads about a couple of defaults registered on mine and my husbands credit files - we didn't know anything about them until our fixed rate with the NR finished and we couldn't remortgage - now stuck on there variable at over £200 more a month!

Have today recieved a letter and a blank cca from Next Directory stating the following:

Unfortunately we are unable to locate the original signed copy therefore have enclosed a copy of this agreement with this letter, and we are satisfied that this meets our obligation under the Consumer Credit Act.

The correct interpretation as to "copy" requires reference to Section 189 (the the definition of copy) and secondly to Section 180 relating to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (the REGULATIONS). Looking at section 3 (1) of the Regulations it is clear that "...every copy of an executed agreement...shall be a true copy thereof...". Section 3(2) confirms that a "true copy" need not include the items listed at subsections (a) to (d), as applicable.

Of particular relevance are subsections (a) and (b). These two sections confirm that (i) non-statutory information included for the creditors own benefit and (ii) signature boxes need not be included in the true copy. Based on this analysis, it is accepted as a matter of good law that a "copy" for the purposes of Section 78 need not be an exact or even a photocopy, as long as the true copy provided contains every material provision of the agreement signed.

In light of this, and in the absence of any evidence to suggest that the account holder did not order and/or recieve goods delivered, Next will continue to seek payment of the balance owed by the account holder.

They have supplied neither a signed CCA (I never signed one) or the Default notice.
Is what they have written to me correct?

Help would be enternally appreciated.

[casbah]

Hi PT

I appreciate what you have said but this all started in august 07 and from there they have gone from a CCJ to attachment to property and I now think they are going for sale.
The judge at the hearings have all told me to pursue this, the first one adjourned to decide which track it should be allocated to, then at the next hearing it was a different judge and he found in favour of the claimant, the third judge ( attachment hearing) could only make a decision as to whether to grant attachment. but she advised me to pursue this as it has gone so fast and there were questions to be answered. Unfortuneately because this was a business I am not entitled to apply for legal aid although I have now discovered I may have legal cover on my insurance. And since then I have discovered that they have applied certain conditions that were on the contract and ignored others ( that were in my favour of course). If they do go for sale what happens when I am only a joint owner and this debt has nothing to do with the other joint owner?

Cas