I'm sure I gave them my new address when i moved

I think the items were always delivered directly to the store for collection.

Sorry but I'm unsure what you mean? As far as I can tell the account was opened at my previous address but it was still being used while at my current address. Next would have had my previous address and also my current address as it would have been updated when I moved.

Next directory

Thanks dx I didn't know that about moorcroft, I thought they were a DCA. So I guess the account could still be active and still with next as I can't imagine the arrears would have been that long ago. Maybe I should give next a call and try and work out some sort of payment plan?

I would still like to send one just in case its received by someone that listens. As mentioned in post #4 and #9 , I think its next catalogue.

Will do Do you think I could send the CCA with the harassment letter or do you think they should be sent separately?

I'll need to double check but I did have a next account years ago that was originally opened when I was at a different address but I'm sure it was still active at my current address as I'm sure my partner had ordered from them.

Thank you

Thanks for the replies guys To be honest i'm not sure whats going on with it, i think its for an old next catalogue debt but i'm going to send them a CCA....etc I managed to find a good template on another forum that i think ill use, but is there no longer a download section on this forum for future references?

Hi guys I've just received a hand delivered letter from moorcroft saying i should expect a home visit. I remember there being a template on here that revokes permission from them contacting any way but through letter. Can someone please direct me to the download section of the forum as i cant seem to find it? thank you

I (we) won, I (we) won, I (we) won, A very long day but it paid off in the end. First i got there two hours early so had to sit around. Then when we were called in, the judge didn't have any of my documents or Lowell's witness statement so we had to go and wait outside while she read through all the copies we gave her. On return lowell's solicitor started going on about all the items lists and screenshots he had provided in his witness statement and the payment sheet for payment that had been made in the past against the account. he then went on to ask how he would have the correct bank details if there were no relations between us in the past. The judge then looked at me and said "what is your response to that. I then explained that the screenshots don't hold any weight as they didn't on the first hearing. The claimant has still failed to provide a valid credit agreement as the so called credit agreement was meant to be pre April 2007 , The claimant has also failed to satisfy the court the the documents requested such as delivery notes sales receipts...etc The just then asked me if i would stand in the dock and swear myself in and then say the i don't remember any of the items or entering in to any agreement with shop direct. I did this then the solicitor starting asking me loads of questions with thing like "would you ever pay someone else debts". After all this i was seated back in my original seat and i pushed again about the section 127, the judge said "what is this " i then said i have a copy if you like. The solicitor (now on his laptop) started going on about a case where section 127 was tried and failed. the judge asked him when this case was and he said under his breath (2009). The judge then said she wanted some lunch and to comeback in a few hours so it would also give her a chance to read through everything i had given her. At this point i thought my chance of success was 60/40 to him because she really seemed to be taking in everything he said. On return (again) the judge started out by saying that the screenshots lowell had provided" were just not good enough evidence" she then said the agreement would need to be a signed copy as it was pre April 2007, then she read through all the letters that lowell were meant to have sent out with every one of them having a different person or account number on them said it was no wonder it couldn't me recollected as it was so confusing who was even requesting the money. She then said she could no way side with the claimant and that was the end of the matter. She then looked at me and said "you do know your entitled to costs"....lol I said well there's the parking fees at £20 a go Congestion charges...etc The solicitor then said there's no reason why public transport could not be taken and while they were trying to work out how much that would be, the judge said lets just leave it at that and go home. To be honest at this point i thought the same so here i am. There's actually a lot more that went on with conversations but as they will come to me and ill post them up Ive got to say a HUGE thank you to andy and everyone else that helped me through this as i couldn't have done it without you all

A bit of a strange one .. The judge asked me to swear in before saying if I recall the items. And has adjourned it untill after lunch.

Well guys I'm waiting to go in. Fingers crossed

Will do Just out of interest.... If i do end up loosing this, is there an appeals process or is the judges word final ? The reason i ask is like andy said a few posts back, it would mean that my statutory rights hadn't been listened to.

That's what I'm going to put forward (again). I will also be stating that they have failed to provide the delivery notes request by the court.

Well guys monday is the big day. Wish me luck

I thought Andy said a few pages back to have one with me to save a £50 fee doing it at a later date. What is the usual routine?

Ok thanks But if I loose at the next hearing I was going to hand over my i&e there and then so I won't be able to let everyone know until Its all over

I thought they may think it's not worth their while perusing it if they knew they will end up with a pound a month.

I've just been thinking (I know I should stop doing that...lol). I briefly did a a&e and I'm really left with nothing at the end. Would it be worth letting Lowell know this as it may make them think twice about allowing a second hearing if they know that they will end up with a pound a month.

Just a bit of an update guys..... I've received a letter with the title "General Form of Judgement or Order" and its just a repeat of the other letter saying what the claimant and defendant must file and serve by 4th October. It then ends with "The final hearing be adjourned to 4th December 2017 at x : x with a time estimate of 2 hours." "The issue of costs of today be adjourned to the trial." So we will know either way on the 4th

Sorry i wasn't notified of your reply (that's been happening a lot). The reason i thought it was anew witness statement was because that what was written on the first page of the documents that lowell supplied. Do you think i should put in a supplemental statement focusing more on the the agreement not being valid because of section 127 ?

I knew you would know how to answer it Do you think it's worth sending in a new witness statement as this seems to be what Lowell are doing?

Thanks ill have a read through everything you have posted I'm actually hoping that i on the next hearing the case is looked at with fresh eyes and treated ho it should be. The judge did say that there will be a different judge dealing with it next time and implied that the next judge way not be as nice as him (yeah right....lol). Either way if all else fails then ill be able to pay it off in small instalments just with some added costs But even if a new judge was to ask me the question of how else would Lowell have my bank details, i wouldn't know how i would answer. Is there any other way they could have obtained these details as that would leave the element of doubt ?