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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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Next/cohen claimform - hearing despite no signed cca **VACATED**


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Hi all,

 

I sent a CCA request to Next Directory on 23 June 2007.

 

I received a letter back from a Ms M Singer stating the following:

 

"I can advise you that we do not hold a signed credit agreement, however the absence of this does not mean that the outstanding balance on your account does not exist.

 

Whilst Next will not seek to use litigation to enforce any monies owing if payments are not maintained, we will write to you and the monies will still be owed, as goods that have been charged for have been ordered by, and delivered, until the balance has been paid in full."

 

I had previously been paying my monthly minimum statement amount on a balance of around £275. However when i received this letter from Next I stopped paying as I was not prepared to pay when they could not produce a CCA.

 

I started receiving many telephone calls every day and letters threatening debt collection agencies.

 

I wrote back to Next Debt collection dept requesting that the repetitive calls cease and that as they were unable to produce a signed CCA I did not acknowledge the debt. I also quoted Ms Singer's letter re not using litigation.

 

I heard nothing more until yesterday when a County Court Claim form came through my door filed by Next for an amount of £312.57 plus £40.00 court fee plus £50.00 solicitors costs. Total £402.57.

 

I really need some advice as to how I respond to this as I have in writing from Next that they do not have a signed CCA so doesn't that mean the debt is unenforceable???? If it is, why have they claimed against me! I really don't want a CCJ against my name...

 

Any advice very gratefully received,

 

A very anxious Nas :?

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For starters call the court to ensure this is indeed correct.

After that send this to next asking for full disclosure of information.

Edit as needed.

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 24th April. The information must be furnished by the 22nd May 2007, 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 Barclaycard.

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.

Be VERY careful whose advice you listen too

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Thanks for you swift response!

 

Curlyben - when you say call the court is this to inform them Next have no CCA in my name or is it to confirm the claim should have been issued against me in the first place? I'm sorry if it sounds like a daft question it's just receiving the claim out of the blue has really thrown me.

 

For it to jump from Next debt collection dept to a court claim with no letters from Debt collection agency or solicitors in between seems quite strange to me.

 

NitrousOxide - It's been filed via Moneyclaim by Howard Cohen & Co Solicitors. I wasn't sure if i should acknowledge the claim immediately or seek advice before doing so. I have until 29th September to acknowldege and I didn't want to make any move without getting some advice first.

 

Huge thanks, Nas

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The reasoning for calling the court is to ensure this claim is genuine and also to acknowledge service. That's it for the moment.

You then have 28 days from the date of service to file a defence, hence the letter for info.

Be VERY careful whose advice you listen too

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Next have done the same to me.Issued through Howard Cohen.Next have said they have no agreement.They sent me a blank form! I issued defence online. It has now been transferred to my local court.I have returned my AQ but heard nothing from Next at all.

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howard cohen with next.....omg.......i have letter stating no agreement, closed file thats it............

 

didnt the act change slightly this year or last about online agreements though?

but i think it meant online agreements after the act came in, i might be wrong(i usually am)...... i would like a bit more info about this regarding the 'new' inclusion about online agreements and from which date they can go to court without a signed credit agreement.

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I think the amendments are not retrospective, i.e. apply only to agreements made after April this year (after the date the amendment came into force)

That's what has been posted here on the CAG site previously

I agree.

Otherwise my egg card I applied for in 1999 that they can't find the agreement to would now become enforcable.

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By the way,

I'm begining to see a similarity here between Howard Cohen and Brian Carter.

Suing as a means to collect. You have a letter from Next saying they won't litigate and have no agreement. You should quite bullet proof.

Yet strangely a court document turns up!

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Next have done the same to me.Issued through Howard Cohen.Next have said they have no agreement.They sent me a blank form! I issued defence online. It has now been transferred to my local court.I have returned my AQ but heard nothing from Next at all.

 

malaga1 - how did you word your defence? Did you use a legally sounding one or simply write in your own words about how they have no cca, have put that in writing etc? Or is there a defence you followed from on here? If so would you be kind enough to point me in the direction of it please so i could use it to guide me.

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Nitrousoxide, that sounds spot on to, asif next are using these solicitors to pressure people into admitting liability without them providing a cca...sneaky.

 

First thing tomorrow I'll contact the court to confirm the claim is genuine, then I need to think about my defence...

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No case here - nothing to worry about - hope you kept the letter from next in a lovely file;) - oh how silly they can be

 

I just got 2 x claims from Howard Cohen - did not even know they had it no letter nothing - i put in a defence (what a lovely chap from cag wrote for me) one they have defended and AQ has gone off the other nothing as yet just waiting

 

Good luck and do not worry alone :)

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Acknowledge it straight away.

 

Can you also post the POC please, and any other relevant information - details of any default notice, does the debt contain charges, etc..

 

PM if you'd rather not post it up here.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Nas, the link above from Curlyben is to Monopolys thread she is going through the same thing with Next.Laiste wrote her a great defence. I had already entered mine online by then basically saying I didnt acknoledge any debt to Next.They had no agreement etc. You will get lots of help here from someone with more experience than me! Good Luck with this!

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Okay, so I've just ackowledged the claim and indicated that I will be defending all of the claim.

 

The POCs are as follows:

 

"The Claimant's claim is for the sum of £312.57 being the balance outstanding on the Defendant's account in respect of the price of goods supplied and delivered by the Claimant to the order of the Defendant through it's 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.

 

The Claimant claims £312.57 "

 

Amount Claimed £312.57

Court Fee £ 40.00

Solicitor's costs £ 50.00

Total amount £402.57

 

The last statement I received from next was dated 20th July 2007 and indicated my balance was £302.73 and they had applied the £1.00 cca request fee to my balance.

 

The only charges on the statement were the usual monthly service charge which was included in the balance amount of £302.73.

 

I didn't pay the monthly payment as they had failed to provide a signed cca and had put in writing to me they did not have one. I have this letter safely filed for future use.

 

They sent me a payment reminder also dated 20th July 2007 saying I must pay £55.60 to my outstanding balance of £302.73 by 10th August 2007 to prevent my account being passed to a DCA, additional costs being added, default would be registered, collector call at my home, summons being issued etc.

 

I have had nothing further from Next or any DCA on their behalf since that letter. I have had no Default Notice or any other documents relating to this account until I received the court claim which was issued on 10th September 2007.

 

I'm pretty amazed that only 1 month after their payment deadline a claim has been issued. Very fast work.

 

I didn't receive an August statement which would have been due dated 20th August 2007.

 

Monopoly's thread looks incredibly useful and I'll certainly be using it as a guide for me. Thanks Curlyben for the link.

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Should I start preparing a defence along the lines of the one laiste prepared for Monopoly or should I write a letter to the solicitors stating Next have comfirmed in writing they hold no signed cca and therefore the debt is not enforcable?

 

Also, in the poc's there is no mention of an account number and they state I have defaulted on the account when they have never sent me a notice of default, only a letter saying it might occur if I failed to pay x amount.

 

Any advice gratefully received as always

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I've drafted a letter to send to Next and to copy to the solicitors as per Monopoly's thread:

 

Claim number: xxxxxxxxxx

Account number: xxxxxxxxxxxx

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. The information must be furnished by the 6th October 2007, 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.

The following information is required: -

A true copy of the original signed agreement between Next and myself.

A true copy of any Default Notice issued in respect of this account, with some form of proof of postage that it was served with proper notice before this claim was filed.

All data that Next hold on me from all relevant filing systems, to include a complete list of all transactions and charges on the account held with Next. I also require a transcript of all recorded telephone calls pertinent to this account and all notes made in relation to those calls.

Additionally, where there has been any event in the account history which has required manual intervention by any member of Next, or any other 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 this account.

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

Details of any collection charges 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.

I look forward to your co-operation in this matter and receiving the documentation by the 6th October 2007.

Additionally, as the information requested contains sensitive personal details, I expect it to sent by guaranteed next day delivery, to ensure its safe arrival.

Yours faithfully,

 

As, following my original cca request on 23 June, I received a letter from Next stating they do not hold a signed credit agreement, I'm unsure as to whether I should amend the letter to state I am in receipt of such a letter or just send the above letter as it is?

 

Can anyone advise please??

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Just send the letter as is. Send it next day special delivery (cost £4.30). Remember not to phone the solicitors, everything needs to be in writing.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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As far as I am aware the failure to provide a true copy of the CCA is a complete defence in itself.

 

TezViper

TezViper

 

I give advice not as an expert on law, only as a guy who succesfully claimed back £3385 from The Halifax. Followed by another £2611.

 

Lloyds TSB settled in full before hearing

 

Cap One offered full settlement and default removed.

 

If I help in any way then please donate to the site when you are succesful

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