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

[rory32]

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

[tezviper]

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

 

 

TezViper

[tezviper]

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

 

TezViper

[gill5blue]

Subscribing

Good Luck

[nas2211]

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

[rory32]

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.

[tezviper]

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

 

TezViper

[Curlyben]

Nas, I assume you have had a good read of this one: http://www.consumeractiongroup.co.uk/forum/general-debt/113024-court-date-19-09-a.html

[Laiste]

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.....! 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.

[malaga1]

Nas, I have heard from the courts today.They are asking Next to produce the Agreement by 1st October ! Lets see what they do now! I will keep you informed. Good Luck with yours.

[nas2211]

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...

[jaxads]

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!

[nas2211]

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!

[Laiste]

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!

[vinegarvera]

Subbing Good luck!!

[tiglet]

subbing

[lferr2002]

Arghhhhhh :(

 

Have just read this thread and am so

 

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

[The GodMother]

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.

[The GodMother]

Arghhhhhh :(

 

Have just read this thread and am so

 

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.

[lferr2002]

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

[nas2211]

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.

[lferr2002]

hi Nas2211

 

Hope all goes well for you and good luck keep us posted. Sorry I kinda hijacked your thread!! Just found the site and posted!!!

 

But goodluck with your case hope it all works out for ya.

[The GodMother]

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.

[lollerskates]

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.

[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!