malaga1
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does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
Thanks Godmother, do you mean the day I went to Court or the date the above was written? -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
Does anyone know the answer to above? -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
I have just received a GENERAL FORM OF JUDGEMENT OR ORDER AFTER A HEARING ........It is adjudged that the claimant recover against the defendant the sum of 791 pounds for debt and 140 pounds for Court Costs and Solicitors costs by instalments of 20 pounds per week.First payment by 16th April. This was written on 25th april! Please pay Howard Cohen direct etc... There is nothing saying that I can appeal etc! I hadnt made up my mind yet but I thought it would be on the judgement about it -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
NP, Yeah I had everything printed off in my little bundle I took with me but he wasnt interested in anything I had to say. As I say, I think he had already made up his mind before I got there! The only thing he was interested in is Had I had the goods or not! -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
Yes but if I appeal and was to get that judge then I would of lost before I get there. He didnt want to listen to any arguments. All he kept saying is you have had the goods havnt you! -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
Yes it was Small Claims Court, I dont know what level the judge was. -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
tomterm, roughly 10% -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
The thing is if I got the same judge he had already made his mind up before I got there. NEXT or Howard Cohen had sent a local agent who came over and shook my hand. He said he hadnt read the case and would look through the papers then we were called in. When we came out he said I thought you had a good argument when I looked at the papers! He also said you can appeal but I dont know if it is worth it -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
On the Statements they sent me which were sent to court it says Minimum payment to reach us by.... then the amount. No interest on them. Under Current Credit LImit just says see current statement. When I said to judge it was a credit agreement with a credit limit he said that is irrelavant. -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
The judge said I had got it wrong. He said I had the goods.When I argued about the CCA,or lack of it, he said they do not need to supply me with won if I have had the goods.Can someone please tell me if I do now have a CCJ against me? -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
I asked the judge if that meant I had a CCJ against me now and he said no I dont think so as long as you pay the required amount but ask the clerk at the office. She said it does! Who is right! -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
LOST IN COURT!!!!!! I have just got back from court and I have LOST my case against NEXT. The judge said you have had the goods the fact they did not supply you with a copy of the CCA is irrelevant. He asked me how much could I afford to pay each month, I said 20 pounds he agreed to the order and I have to pay their costs too! -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
I was hoping that they were not going to pay the court fee like they did with Nas! Then I receive their letter yesterday! -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
I received a Notice of trial date back in Jan. This said each party must deliver to every party and court copies of all documents you wish to rely on.The documents must include Witness statements, no later tan 14 days before hearing! The hearing is 14th april ! -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
Yes, when I received the court date.As I said in previous post I should have done the Statement of Truth and any papers you wish the court to consider should be sent 14 days before hearing and I have not done them! -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
I do hope you are right!! But what about the fact that I have not put any STatement of Truth in myself the 14 day deadline has gone! Shall I put anything in to court? -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
RE the above do you think it would be okay to write out my Statement of Truth as my printer has broke. Also it should already be in - will the judge say it is too late? -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
I have today received a Statement of Truth from Howard Cohen !, The account which is the subject of this matter relates to a Next Directory mail order account outstanding balance 791. 2, Please find annexed a copy of the monthly statements from may2005 to march2007 showing how the balance has accrued. (it wasnt opened in may 05-it was 01). 3, The defendant states in her defence that th POC disclose no legal cause of action and does not comply with CPR part16 however as this claim was issued electronically through the bulk centre there is no provision to attatch documents. 4, The Defendant also claims that this debt is unenforcable under the CCA 1974. I can confirm taht no agreement is available as this is a mail order account.The debt has been pursued for Goods Sold as claimed in mthe POC therefore it is not applicable to the Consumer credit act 1974. 5, Therefore I respectfully submit that the defendant is liable to Next Retail for the sum of 791 and request 140 being costs incurred and 75pounds for the hearing fee!!!! NOW WHAT DO I DO??? I havnt even done a statement of truth as I was hoping they wouldnt pay the fee like they did with Nas. The hearing is 14th april I dont think there is anything I can do now is there> -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
Thats good news Nas !! I hope they dont pay mine! Can they still come after you again or is that it? -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
Sorry about that Nas!!! Yes when I saw you were in Brighton too I wondered if maybe the judges here are just ignoring everything regarding no CCA. I cant believe it is going this far. My date is 14th april so I have not done anything yet re court.I dont believe Next know a lot about whats going on. I think its more down to Howard Cohen trying it on. Hopefully it will get thrown out! Malaga -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
Paul, Thanks for that I will have a read! I have just been reading through Nas thread. His Order is the same as mine word for word! Also the same court only his date is March. -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
I have today had Notification of Trial Date! In the Brighton County Court on 14th April. This Claim is allocated to the Small Claims Track and parties are referred to Part 27 of the Civil Procedures Rules and the Practice Direction of that Part for guidance on how the hearing will be conducted. It is estimated the hearing will take one and a half hours! etc.etc. I really cant see how the judge has ignored everything regarding NO CCA! -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
Paul, thank you for doing that for me.It looks great! It has to be in by 9th Jan so I have plenty of time. Will let you know how I get on. Im going away for a few days for xmas so Ill get it sent off after. Merry Christmas to you. Malaga. -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
Paul; thanks for your help. The Claimant is Next.The POC says for goods sold....amount etc Nothing else much just account no etc -
does anyone have a copy of their CCA from next
malaga1 replied to malaga1's topic in Debt Collection Agencies
Thanks for explaining that! Surely though my defence is they have no Credit Agreement and shouldnt have brought this to court.
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