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

[Anthuk]

Have received form N1 County Court Claim this morning from Howard Cohen solicitors re £680 I owe to Next. Missed a couple of payments due to drop in income. Seems debt was sold to Lewis on 11/12/07 and I then receive Claim Form dated 31/12/07. Tried ringing Next who wanted nothing to do with it then tried Cohen (before reading this forum!!) Cohen said they would accept the outstanding money over max 3 months i.e. nearly £250 month! (including costs). Offered them £50/month which I cannot really afford to which guy laughed and said they would proceed and get judgement. As I never signed any credit agreement I am tempted to avoid paying anything at all due to their attitude. As I have only 14 days to respond do I do CCA request to Next or Lewis. What is proper procedure to get these parasites off my backside? I was actually quite prepared to pay until they treat me like some lower form of life!!

[hisholinessthepope]

Whoever is on the N1 form as claimant.

In your defence request a copy of the credit agreement in accordance with clause 78 of the Consumer Credit Act. If the claimant is anyone but Next ask for proof of ownership of the debt as well.

I have had many dealings with Next and they are a terrible bunch. But luckily for many (you as well I hope) their paperwork is rubbish. They seem to have conducted themselves with total disregard for the Consumer Credit Act (like almost all storecards) for many years. Time for another chicken to come home to roost, hopefully.

[Curlyben]

Right then.
Firstly DON'T talk to these people over the phone as they will say anything to confuse the issue.
Keep everything in writing.

Throw this at Cohen and make them prove the claim.
Send it guranteed next day delivery as it's VERY important.

REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.

Dear Sir/Madam,

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes the Data Protection request made to on the **DATE**. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. All records you hold on me relevant to this case, including but not limited to:
a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.
b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations
c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with **CREDITOR**.
d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.
i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

3. Any other documents you seek to rely on in court.
4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.
5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

I would appreciate your due diligence in this matter.

I await your rapid response.

Yours Faithfully,

As to court time scales.
You have 14 days to acknowledge service and say what you wish to do.
After acknowledgement you have a further 14 days to file a defence, so 28 days after service of claim.

So best course of action is to acknowledge and say you will be defending the entire claim.
By this time Cohen may come back with the requested documents, but don't hold your breath if they don't.

Nearer the time we'll look at the defence and a His Holyness said, it will likely be along the lines of lack of agreement.

Could you please post the POC from Cohen so we can see exactly how they are claiming.

[Anthuk]

Wow and thanks!!
POC are 'the defendants claim is the sum of 6**.** being the balance outstanding on the defendants account in respect of the price of goods supplied and delivered by the claimant to the order of the defendant through its mail order catalogue service together with any charges applied to the account in accordance with the terms and conditions of use.
Full details of the cost of all purchases made and details of agreed payment arrangements have been given to the defendant. The defendant has defaulted in payment.'

I would also point out that no notice of default was ever received though I doubt this comes into equation as no CCA held

[Curlyben]

Oh dear so they are trying the goods supplied angel with NO reference to CCA at all.
Shame on them.

[Anthuk]

Rang them today saying was going to acknowledge and contest claim. Said I wanted copy of CCA which I would be requesting in writing. Was put on hold for a while then told that they would not be sending me any CCA as they were actually doing me for goods and services supplied, which they reckon has nothing to do with CCA. Obviously no CCA held. Can they do anything

[pt2537]

Originally Posted by Anthuk

Rang them today saying was going to acknowledge and contest claim. Said I wanted copy of CCA which I would be requesting in writing. Was put on hold for a while then told that they would not be sending me any CCA as they were actually doing me for goods and services supplied, which they reckon has nothing to do with CCA. Obviously no CCA held. Can they do anything nope not at all, although that doesnt stop them im afraid

the thing is that the goods were purchased under a regulated agreement, therefore, they are suing you for the monies due under a credit agreement

i did a defence recently for someone who had exactley the same problem recently

the main thing is DO NOT TALK TO THEM ON THE PHONE, they will try and convince you they are right and you are wrong

they must supply the credit agreement if they are to rely upon it in court

regards
paul

[pt2537]

oh dear, their Terms and conditions clearly state NEXT CREDIT ACCOUNT

NEXT Directory Online : Terms and Conditions

a good link to keep in mind

[Anthuk]

So I basically send acknowledgement back and the CCA request letter. Do I then let it go to Court stage (do I request change to local court?) When and how do I file my defence? Will I need to appear at court?

[pt2537]

Originally Posted by Anthuk

So I basically send acknowledgement back YES YOU ACKNOWLEDGE SERVICE OF THE CLAIM, so send the N9 back to the court or acknowledge online at Mcol and the CCA request letter The cpr letter you mean? the one curlyben posted above , that's the one to send the solicitors . Do I then let it go to Court stage (do I request change to local court?) When and how do I file my defence? Will I need to appear at court?

Do you let it go to court? what other option do you really have?

you would automatically be transferred to you local court.

the defence will be something that we can worry about later, will you need to appear in court,? yes most likely as these people will not give up, if you dont go to court they will win by default and then its game over so its up to you how you play it but i wouldnt let them win personally


regards
paul

[Anthuk]

Whats the chances of them getting Judgement. Do they always need CCA or can they get me via this 'supply of goods' thing

[Curlyben]

If you don't defend or turn up at court then they WILL get a judgement.
Now if you don't want this to happen the time to fight is NOW.
So, please, pay attention to our advice as we have seen this type of action from Lewis before.

[Anthuk]

Will follow it faithfully as no way I am being bullied by these clowns!

[pt2537]

May i ask who is the claimant in this action? is it next?

[Anthuk]

Claimant is down as Next retail Ltd T/A Next Directory. Seems peculiar as according to Next they sold the debt. Address for sending docs is Howard Cohens. Also note that claim is in wifes maiden name though we did notify Next when we married.