Howard Cohen 4 Next Claim Form Received **DISCONTINUED**

**ER36** · 23rd September 2009 11:14

Hi

I was last here back in May with a court claim form for Grattan and with all the help I received from here it never went to court as they couldn't supply a signed agreement or a default notice and it was sent back to another DCA icon

.

I'm here again with a claim form for Next this time! I'm really struggling with money at the moment and contacted the companies I owed money to, to offer reduced payments, Next completely ignored me and started to add charges but I payed the £20 id offered anyway, until a month ago, I just didn't have it and had to miss it. Last week I received a letter from Howard Cohen stating that they would start court proceedings(Next seem to be quite quick with this!) and this morning I have received a claim form for Northampton.

As with my previous one I will defend fully and submit online and also send a letter to Cohens requesting a CCA & default notice Once again this account was opened online and I never signed an agreement nor have I received a default notice. I just want to check that this is the correct thing to do again as I can't really find any other threads regarding Next

The POC

is as follows....

The claimants claim is for the sum of ***.** being the balance outstanding on the 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 icon

of use.

Full details of the cost of all purchases made and details of agreed payment agreements have been given to the defendant. the defendant has defaulted in payment.

The claimant claims ***.**

**ER36** · 29th September 2009 07:29

Hi, I'm about to put in my defence online later, can anyone just confirm I am doing things correctly again. Thanks very much

**42man** · 29th September 2009 09:52

Please do have a read here - http://www.consumeractiongroup.co.uk...directory.html

**ER36** · 29th September 2009 17:01

Thanks for the link, I've had a read over it but I really can't remember when I opened my account with them as I don't keep my statements further back than 3 months but I'm 99% sure that it was more than 2 years ago that I opened the account. My question is would I be best to offer an embarrassed defence and send a letter asking for a copy of my CCA and a default notice, I'm not sure I understand the other action in that post

If I was to CCA who would I send it to, Next or Cohens?

I've never had any letters from Next regarding my account recently, I emailed them to see if they would accept a reduced payment about 3 times and after 2 months they finally wrote to me agreeing to it for 3 months and then when I missed a month I received this claim form and a H Cohen letter a few days earlier saying they would start court proceedings. I've not had any previous letters from them offering to accept payments nor have I received a default notice, as I said it all seems to have just gone straight to court action.

Thanks again, I'm getting a bit worried again. :-|

**42man** · 29th September 2009 18:31

Are you going to send the CPR18 ER ? - http://www.consumeractiongroup.co.uk...ml#post1573418 (send recorded)....

**ER36** · 30th September 2009 09:39

Ahh right, yes I did that last time with the other claim form I received, I was thinking it was a CCA request. You gave me a great letter to send in my other post here.. http://www.consumeractiongroup.co.uk...t-2164681.html is that one OK to send again or should I send the one posted in this thread or are they both basically the same?

I will get onto it and send the letter again, should I still put in my defence too like I did last time?

I've just spoke to my neighbour and she gave me a letter that had been posted there and shed opened by mistake because she'd received one from the same place and thought mine was heres too, hers is CL finance though, they use so many different names but it seems a lot of these DCA icon

's and solicitors are one and the same!

This letter says you will have received the CC claim, we require payment IN FULL failing which we shall seek judgement against you. Blah blah blah, just info about not getting credit.

Thanks once again, this site is great and I really appreciate all the help given here.

**42man** · 30th September 2009 09:45

The CPR31.14 can be used but as the particulars of your claim are so vague, I would send the CPR18 as CPR31.14 requests disclosure against what is specific in the claim e.g when they mention an 'agreement' 'assignment' 'default notice' 'termination notice'

**ER36** · 30th September 2009 13:47

Ah right, I understand now

thanks again and I will get the CPR18 sent recorded in the next couple of days.

Do I still need to submit a defence as I know I only have a set amount of time to do so but unsure of what to say, the last one I did was an embarrassed defence but as I am sending a different letter this time and the POC icon

are vague I'm not sure if this is correct?

**42man** · 30th September 2009 16:13

Have a read of the next thread ER....I think there is a defence there...

**ER36** · 30th September 2009 16:23

Sorry, not sure which next thread you mean?

**42man** · 30th September 2009 16:25

The one in post #3 above....'dealing with next claims'

**ER36** · 30th September 2009 16:26

Ohh right lol...I was thinking you meant the next one along not as in Next who I'm dealing with! Doh!

**ER36** · 2nd October 2009 15:29

Hi, I've acknowledged the claim online but my printer has not been working but have had it sorted today and am about to print a letter to send and head off to the post office in about half an hour or so.

I've just got back from the school run and my son has told me that cohen just rang for me ... hmmm... is a court claim not enough that they are taking to ringing me to ask me to pay?? My son said I wasn't available and they left a number to ring, I don't know how many times I've told him to say I don't live here if a DCA icon

or solicitor ring!! I've just blocked the number on choose to refuse and will do with any others they use.

**ER36** · 7th October 2009 10:26

I've recieved a letter from Howard Cohen this morning referring to my CPR18 request. It goes on to say...

As this matter relates to a small claim part 18 does not apply, therefore, we are not obliged to provide this information under the C.P.R and would advise that the particulars of claim detailed in the CCC form should be suffifcient to allow you to respond accordingly.

Please reply to the claim form immediately. Please refer to the claim form for details of the time limit by which you are expected to respond. Failure to do so will result in a judgement being entered without reference to you.

If you are in any doubt as to your position in this matter, please seek your own legal advice.

As for the POC icon

being sufficient, like you said they are very vague, and honestly sounds a bit gibberish to me and really doesn't make any sense, plus I have received no paperwork/info prior to this claim being sent to me.

The poc again....

The claimants claim is for the sum of ***.** being the balance outstanding on the 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 icon

of use.

Full details of the cost of all purchases made and details of agreed payment agreements have been given to the defendant. the defendant has defaulted in payment.

The claimant claims ***.**

Not really sure what my next step is now and thanks once again for advice given.

**ER36** · 7th October 2009 16:41

I know I only posted this this morning but has anyone any idea if what they say is correct? I need to get this sorted asap as from next Monday I have workmen in for 4 weeks, new kitchen, bathroom, heating and rewire and will be in a bit of a mess and lots of stress with limited time.

Thanks again.

**42man** · 7th October 2009 16:48

OK we know it is vague.....try sending this too (recorded) but read first and edit....

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:
CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 the default notice*

3 the termination notice*

* delete if not mentioned in the Particulars of claim.

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

# delete if claim for a sum exceeding £5,000.00

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

yours faithfully

**42man** · 7th October 2009 16:48

When has the defence got to be in by ?

**42man** · 7th October 2009 16:51

Some examples of defences here

http://www.consumeractiongroup.co.uk...ml#post1665130

http://www.consumeractiongroup.co.uk...ml#post1350484

http://www.consumeractiongroup.co.uk...ml#post1461198

http://www.consumeractiongroup.co.uk...-no-cca-3.html

**42man** · 7th October 2009 16:52

I really should have posted up the CPR31.14 too for you, as it would be good to get some protection the CPR offers....but as the claim is so vague !!!

http://www.consumeractiongroup.co.uk...ml#post1721582

You should be able to make some directions when it gets to aq icon

stage....

**ER36** · 7th October 2009 17:09

I acknowledged on the 1st of October so 28 days gives me until the 29th of October.

I've read the CPR31.14 letter you've posted but am getting flustered! aq icon

worries me too!
I haven't been sent any info or documents like they say in my claim form but I have asked for them in my previous letter and now they say they are not obliged to send them. Do I omit part 2 and 3 below, I'm unsurewith it being so vague?

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2 the default notice*

3 the termination notice*
* delete if not mentioned in the Particulars of claim.

Thanks so much for your help, I can't put across how much I really appreciate it, I'd be in such a mess without it.

Thread: Howard Cohen 4 Next Claim Form Received DISCONTINUED

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