Jump to content


  • Tweets

  • Posts

    • I decided on confrontation - which I hate.  Omg the arrogance of the driver.  They refused to say who had given them the alleged permission to park on the private land - unless I proved ownership.  I couldn't believe they could be so objectionable.   They advised they couldn't take public transport to work as they lived too far away.  They couldn't rent a local garage as none were available. I simply said that's their issue not mine. It was infuriating that this person had such misplaced entitlement.  However I decided to humour them and show them the title deeds.   They couldn't respond.  Although at this point they alleged some guy in a city up north - whose name they couldn't remember - gave permission!!    They then asked if they could buy the garages and land!! Yet can't afford to park on a meter !! They seemed to back down and agree to now park elsewhere.  I hope so. 
    • I've worked out the contractor invoiced apx 250k - Without adding vat to the invoices.  So based on above he should have added vat to all invoices once he reached 85k?  Obviously he had to pay his labourers - would those payments get taken off what he received?  Or it doesn't matter cos he invoiced for the high sum?
    • Greetings, I'm writing to seek assistance with an ongoing issue I'm having with Manchester Council.  I parked my car in a residential area behind Wilmslow Road to go purchase some food, not realizing it was a no-parking zone. I later received a letter stating I had failed to make the required payment, and the penalty had increased. I appealed the fine, explaining that I had parked there but never received the original Penalty Charge Notice (PCN), so I was unaware of the need to pay. However, the council's reply did not address my initial concern. Is there anything I can do in this situation? I admit to parking there, and I was willing to pay the original fine, but I don't think it's fair for them to demand a doubled amount when they failed to send me the initial PCN.  Any advice or guidance you can provide would be greatly appreciated. Thank you in advance for your assistance.   MK Document.pdf
    • If you look at some of the other debt related threads will see that one of the first things which will be asked will be for you to list out your debts in a brief chronological order, including date of debt, amount, creditor, amount outstanding, defaulted – yes/no – date of default, date of last payment made, have you acknowledged the debt at all to the creditors. That lot at least. I expect that my colleague @dx100uk will be along but will meet to know at least that information
    • Hi, I have found this group very helpful hence I am here seeking help and advice.   I got myself into a situation where I have now more than £50k in unsecured debts (personal loans & credit cards) and things are now getting out of control as I am struggling to make payments. This is purely my own created situation and I am taking 100% responsibility for it. I am keen to get out of this situation as soon as possible hence I would appreciate any help and advice in this process. I am employed at the moment and don’t want to risk going into IVA or bankruptcy as this would risk losing my job. Being sole bread earner of my family, I cannot afford to lose my job. I have been trying to keep up with the payments so far and had few missed payments instances until 3/4 months ago but got caught up with missed payments somehow using my savings. All my debts are still with original lenders. However I know I am getting into same situation again shortly and won’t be able to get out of it again. I have started exploring Debt Management Plan (DMP) option through StepChange but haven’t submitted it yet. Based on budgeting, I have around £820 available to make payments to all lenders after taking care of all other essential expenses. This is definitely lot more affordable than what I am currently paying to different lenders. 1. Is DMP right option for me in current situation? 2. what are the negative consequences of availing DMP? 3. is there something else that I can do to get out of this situation? I’m determined to clear out all my debts but need bit of breathing space and time. Let me know please if you need any additional information. Thanks in advance for all your help and guidance. MM  
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Next/cohen claimform - hearing despite no signed cca **VACATED**


nas2211
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5941 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Of course it is tezviper but Next have a habit of taking people to court anyway (and of course losing as a result).

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.

Link to post
Share on other sites

  • Replies 143
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I may be wrong tho, its been a long day.

 

:???:

 

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

Link to post
Share on other sites

LoL ty, they just love wasting court time eh!!

 

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

Link to post
Share on other sites

Thanks Rory, I'll get it sent off special delivery tomorrow. I just wanted to make sure I wasn't going to cause myself any problems if I didn't mention in the letter their original response.

 

I have to file my defence by 13th October (hope the date isn't a bad omen - best I work towards the 12th instead!) so I'll keep the thread updated as I'm sure I'll have more questions to quell my anxieties...

 

Thanks for your support

Link to post
Share on other sites

I just wanted to make sure I wasn't going to cause myself any problems if I didn't mention in the letter their original response.

 

Quite understandable, but it's really up to Next to inform their solicitors of this not you. To be perfectly honest if Next are willing to pay the solicitors to a certain degree they won't care whether there is a copy of the agreement or not and will probably be hoping that you don't understand the significance of this as a judge can only rule on the case that is presented e.g. if you didn't raise the statute concerning the agreement (or lack of) the judge would in all likelyhood rule in favour of Next.

  • Haha 1

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.

Link to post
Share on other sites

Thats certainly my understanding Rory. In fact a DCA just backed off of me completely as they couldn't provide the CCA.

 

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

Link to post
Share on other sites

Hi Nas,

 

I got your PM. The letter you are proposing to send is the one I drafted many moons ago for Bella or Electric Lemon and it seems to pop up everywhere on here! lol:D You can send it as is, but I wouldn't hold your breath that you will get any of the information you are requesting before the Defence has to be filed. In all likelihood the Claimant will withhold the info in a bid to frustrate you filing your Defence. These are the pathetic little games they play I'm afraid!

 

As a further cautionary note to anyone reading this post, particularly in view of what Nas has experienced, just because a creditor states that they have no intention of taking legal action, doesn't mean they won't! ALWAYS, ALWAYS expect a Court claim to be issued at some stage if you are not making the normal required monthly pmts. Regardless of any arrangement you may have come to with a creditor, they are perfectly within their right to issue a claim if you are not keeping your side of the agreement. Of course, whether or not there is an agreement, is the flip side to my point, but you believe what they say at your peril! Which is why from day one when you start having problems paying creditors, you should keep all letters from them and any DCA's they instruct and log every single telephone call, answered or not! Record the date, time, get a name also if you can, and then tell them to put everything in writing! Don't go through security Q's with them, don't argue with them, don't tell them who you're going to report them to, or that you are building a case of unlawful harassment against them, should they issue a Court claim, just get the info you need to make a log! I am providing this information so that everyone knows what to do from the outset. Nasty surprises don't occur if you are anticipating the worst possible behaviour from creditors, so it's wise to prepare for Court action from day one.

 

I seem to have digressed from the main issues.....!:rolleyes: Back to the claim, the last date for filing the Defence needs to be worked out, and of course for ease it can be filed online up to 4pm on the very last day. The date of issue on the claim form is the starting point. You need to count 5 days for service (delivery) and you have 28 further days as you have acknowledged the claim and your intention to defend. So you have 33 days in total.

 

As Vezviper states, it is true that no agreement is an absolute defence, however that will not deter certain Companies from going as far as possible with the proceedings, even to the day of the trial and invariably they don't turn up! If their attempts to persuade/coerce you into paying fail, they are going to try to make you suffer, I'm afraid. That's why in addition to filing a Defence you should file a counter-claim against them also. They have breached various laws and if you don't counter-claim, you will still have the Default on your credit file for 6yrs when they have no legal right whatsoever to put it there in the first place!

 

I have written various Defences for people on here, but I would advise against simply choosing one to use. Each case is different and each Defence needs to tailored to both the POC and the facts of your particular situation.

 

I hope this information is helpful.

 

Regards,

 

Laiste.:)

  • Haha 1
Link to post
Share on other sites

Morning all,

 

Thanks to everyone who's been offering advice and support, it's much appreciated! :)

 

Curlyben - I've been following that thread with interest and Monopoly's experience has been invaluable for my situation. I only hope my case will have a successful outcome also.

 

Laiste - thank you for taking the time to read my thread, I'm sure you must have huge demands on your time! I've had a read of various defences you've helped with and I'm going to attempt to compile my own using those as a frame but adapting it to my situation. I'll certainly post it up here when I've worked on it for second opinions before I file it so any glaring errors can be pointed out to me! I need to file it by 13th October which is a saturday so I'm going to work towards filing it by Friday 12th October to be safe.

 

Malaga - you're a little way ahead of me so I'll be checking your thread regularly to see how you're doing. I can't imagine Next will be able to produce a signed cca by 1st October, hopefully therefore the judge in your case will strike out the claim if they fail to produce it. Good luck with it, fingers crossed it goes your way :)

 

Thanks again for the advice and support, I'm off down the post office now to send the letter...

Link to post
Share on other sites

Just subbing -- Next haven't provided me with a CCA either!! (I requested a copy via scotcall who then passed it back to their client ..... Debt Managers ??) So will watch your thread with interest. Good luck!

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

Link to post
Share on other sites

Hi Jaxads,

 

As Laiste has said I think you'll need to be prepared for a court claim despite them not providing you with a cca. I'll be keeping this thread updated but you might also find it useful to have a read of Monopoly's experience with Next

 

here - http://www.consumeractiongroup.co.uk/forum/general-debt/96228-urgent-please-help.html#post890299

 

and then continuing here - http://www.consumeractiongroup.co.uk/forum/general-debt/113024-court-date-19-09-a.html

 

Monopoly's experience has been an incredibly helpful one to follow, and has a positive outcome too.

 

Good luck with yours!

Link to post
Share on other sites

Nas,

 

A very quick important point to bear in mind. If the Defence has to be in on Sat 13th Oct, it has to be filed by 4pm on Fri 12th. People don't always realise that if the last date for filing falls on a weekend, it must be done by the end of business (4pm) on the Friday. I would file your Defence online for ease, but do it before 3pm on the 12th, as the online service gets extremely busy between 3-4pm on Fridays.

 

Regards,

 

Laiste.:)

 

P.S. If any of the advice I have given has been helpful, then please feel free to tip my scales!

Link to post
Share on other sites

Arghhhhhh :( :(

 

Have just read this thread and am so :confused:

 

4 years ago I moved house and ended up owe Next £302.17, a company called Debt Managers Ltd sent 2 guys to mum and dads address to serve legal papers, I didnt live there either!! But I phoned the card they left, a week later I received papers to return to the court, I hunted arouind on the internet and I phoned Next and asked them to provide a signed copy of the agreement which they couldnt as there wasnt one.

 

Anyway long story short I then agreed with Debt managers to pay £40 pm but the ccj had been issued and I couldnt pay within the time limit so was told it would stay on my file for 6 years.

 

Can I do anythinmg about that now? HAve it removed? Or at least have a note added to it, no signed agreement.

 

Thanks

Link to post
Share on other sites

hi all.

 

I dont mean to be rude but this thread has made me laugh.

A account with next was opened in my maiden name about 4 years ago. Now about a week ago i recieved a letter from them, please bear in mind i have moved since the account was opened, asking if i was going to use the account as it had been dormant for 4 years and if i had not got back to them in writing by the end of that day to let tem no if i will be using the account then the account would be closed.

 

Now i new nothing about the account and had not used my maiden name for 2 years previous to the account being opened.

 

Now you can all see why this thread made me laugh. Sorry if any body found it rude though.

 

The GodMother.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Arghhhhhh :( :(

 

Have just read this thread and am so :confused:

 

4 years ago I moved house and ended up owe Next £302.17, a company called Debt Managers Ltd sent 2 guys to mum and dads address to serve legal papers, I didnt live there either!! But I phoned the card they left, a week later I received papers to return to the court, I hunted arouind on the internet and I phoned Next and asked them to provide a signed copy of the agreement which they couldnt as there wasnt one.

 

Anyway long story short I then agreed with Debt managers to pay £40 pm but the ccj had been issued and I couldnt pay within the time limit so was told it would stay on my file for 6 years.

 

Can I do anythinmg about that now? HAve it removed? Or at least have a note added to it, no signed agreement.

 

Thanks

 

I am assuming you can ask for the ccj to be removed, or have a note added to it saying that you dispute this and why, IF they manage to apply a ccj via the courts i have heard that some courts just throw out these cases as there is no credit agreement and order that the company, Next, dont attempt to gain payment from you about this account again.

 

Good luck and please keep us informed.

 

The GodMother.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

Wish I'd found this site a couple of years ago!! Noone wants to or needs to hear my sob stories but sortened version in 200/2001 I spliut with long term partner and have spent since then trying to get all finances etc sorted (sorry slightly off topic) including Next.

 

I have checked my credit profile and Next does show up :( and I have now paid them off in full but that is not shown :???: and on a similar topic a debt to BT (through Buchannan Wells) which has beenpaid in full shows up too :(

 

But ha#ving read through this NEXT seem to be "good at" scr**ing up!!!

 

Willl let you know how i get on when I find out how I go about it all!! away to search forums :)

Link to post
Share on other sites

Well I've sent the letter off so I'll wait and see if I get a response. In the meantime I'll start having a go at my defence - thanks Laiste I'll make sure I file it early so I don't encounter problems on the Friday afternoon.

 

lferr2002 - I can't help I'm afraid with your ccj problem as I haven't any experience of that yet, I'm just at the beginning of that road myself! You're likely to get more specific help if you start your own thread regading your situation - good luck with it tho :)

 

The Godmother - what a strange situation! Might be an idea to get a copy of your credit history to make sure there aren't any other accounts taken out in your name you aren't aware of as to avoid any nasty surprises in the future.

 

Re my situation I'll update again when I hear anything.

Link to post
Share on other sites

Well I've sent the letter off so I'll wait and see if I get a response. In the meantime I'll start having a go at my defence - thanks Laiste I'll make sure I file it early so I don't encounter problems on the Friday afternoon.

 

lferr2002 - I can't help I'm afraid with your ccj problem as I haven't any experience of that yet, I'm just at the beginning of that road myself! You're likely to get more specific help if you start your own thread regading your situation - good luck with it tho :)

 

The Godmother - what a strange situation! Might be an idea to get a copy of your credit history to make sure there aren't any other accounts taken out in your name you aren't aware of as to avoid any nasty surprises in the future.

 

Re my situation I'll update again when I hear anything.

 

I have requested copies of my credit reports and it does show up one one but as never used so iam not worried about it.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

Link to post
Share on other sites

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'm confused. I'm maybe misunderstanding and I'll probably get shot down but - if you owe them money just pay them back? If you buy something you pay for it. Isn't that the way it goes? Did you just stop paying cos you thought you could get away with it?

 

There are a lot of things credit companies and agencies do that I think are unfair to say the least - but asking for money for goods you ordered isn't one of them. :???:

 

Please correct me if I'm wrong and accept my apologies.

Link to post
Share on other sites

Guest Mincemeat
I'm confused. I'm maybe misunderstanding and I'll probably get shot down but - if you owe them money just pay them back? If you buy something you pay for it. Isn't that the way it goes? Did you just stop paying cos you thought you could get away with it?

 

There are a lot of things credit companies and agencies do that I think are unfair to say the least - but asking for money for goods you ordered isn't one of them. :???:

 

Please correct me if I'm wrong and accept my apologies.

 

OK I agree with the sentiment, but when your £300 balance actually is formed out of interest and charges that have been applied to your account under a non-existant agreement, I'm sorry, that's their own fault. They are big boys and they have a credit license and they decided of their own free will to not comply with the law.

What laws are we breaking here? I can't see any!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...