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

[vinegarvera]

 

Have just had this back from TS:

 

Dear

Thank you for your enquiry to Consumer Direct dated 29/01/2008. Your reference number for this case is *****

and should be quoted in all further correspondence regarding this case.

 

Based on the information supplied within your email the key facts of the case appear to be as follows:

 

You and your husband both have accounts with Next.

you feel there have been various problems with the billing.

You have requested copies of your credit agreement and the trader does not have one.

 

If the credit is regulated and the trader has not fulfilled the requirements of the Consumer Credit Act

it would not necessarily make the agreement unenforceable, a court could still decide you are liable for the money.

 

As there is presumably paperwork that needs looking at we will refer your case to your local Trading Standards

in Sefton for further advice. An officer should contact you within 3 working days.

 

If you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06. Do not reply to this email, or send an email to

Thank you for your enquiry.

 

 

AAARRGGG: I have told them I also have proof that I do not have ANY of the GOODS!!!!!!

 

Count to ten......... Any views?

[tiglet]

What consumer direct is saying, in a round about sort of way, is that the court could decide you would be liable (based on statements etc) and the judge could say so: HOWEVER without an agreement, as long as you defended any action and gave legal arguments (which you would be supplied with here by very many bods) he could not legally enforce it. Think of it as analgous (although in no way the same) in this way to a statute barred debt - the debt is not enforceable by a court order and yet the debt does still exist.

 

What is interesting, however, and something they have not mentioned is that continuing to pursue you while in default of your CCA request is an offence under the CCA 1974. You may need to remind them of this as sometimes the bods you speak to there are less clued up on the law than we are.

[vinegarvera]

Thanks Tiglet,

This is really getting me down now, I have not had any goods, they have admitted to not having a CCA yet they have passed me to two DCA's and Moorcroft are now preparing to take me to court!

I dont have the time or nerves to go to court to defend myself against them when they are clearly in the wrong!

Thought TS could help.....

[tiglet]

Don't worry about it right now - TS may actually be able to help as consumer direct often seem not to ahve the experience/knowledge that local TS offices ahve.

 

If they did take you to court, it would really be best that you attend otherwise they may obtain a judgement against you which could prove difficult to overturn. You would get lots of help in preparing your defence on here and lots of moral support too. trust me, you'd feel like Rumpole of the Bailey when you walked in!

 

Don't ever let the barstewards get you down - that way they win. Lots of deep breaths and realise that, despite all of their threats, they can't really do anything to you as long as you comply with the law and they don't.

 

Have a glass of your favourite tipple tonight and say bowlarks to the lot of them. x

[The GodMother]

Hang on your being chased for a debt that does not exist as there is no cca and you have NOT purchesd anything from them?

 

I am sorry if l read that wrong but that is what l think you are saying.

 

Chrissi

[vinegarvera]

Sorry for any confusion,

I Did order some goods but returned them all, I have proof of return which I have sent to next numerous times and was ignored.

Then, after finding this site I decided to go at it from the CCA route and see if that was any better.

They sent me a letter to say they did not hold a cca but would still persue the debt.

I wrote numerous time explaining and it was passesd back to Next by the previous CCA.

Next then passed it to moorcrap. I wrote to them to explain the situation and they said they had contacted next and that next had complied with the CCA????

I now have a letter from moorcrap telling me they are preparing to take the account to court!

[pt2537]

 

Have just had this back from TS:

 

Dear

Thank you for your enquiry to Consumer Direct dated 29/01/2008. Your reference number for this case is .....and should be quoted in all further correspondence regarding this case.

Based on the information supplied within your email the key facts of the case appear to be as follows:

You and your husband both have accounts with Next. you feel there have been various problems with the billing. You have requested copies of your credit agreement and the trader does not have one.

 

If the credit is regulated and the trader has not fulfilled the requirements of the Consumer Credit Act it would not necessarily make the agreement unenforceable, a court could still decide you are liable for the money.

 

As there is presumably paperwork that needs looking at we will refer your case to your local Trading Standards in Sefton for further advice. An officer should contact you within 3 working days.

 

If you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06. Do not reply to this email, or send an email to

Thank you for your enquiry.

 

 

AAARRGGG: I have told them I also have proof that I do not have ANY of the GOODS!!!!!!

 

Count to ten......... Any views?

 

 

Now theres your first mistake,

 

Consumer Direct,

 

they are ok for basic and i mean very basic consumer complaints, they seem to read from the screen of the pc and dont IMHO seem to know a great deal when talking about consumer credit issues

 

speak to your consumer credit officer at your local trading standards

Trading Standards Central - Trading Standards and Consumer Protection information for the UK go to that webpage, find your local trading standards, NOT Consumer Direct

 

speak to the officer who deals with credit who incidently will have recieved a great deal of training, much more than that of CD

 

i hope this helps

 

oh and if they are silly enough to take you to court, PLEASE let us know ASAP

 

regards

paul

[vinegarvera]

I did go to TS website but the reply came from consumer direct???????

I will talk to TS tomorrow I think, I cant bear the thought of this going any further.

 

WARNING TO ALL NEXT DIRECT CUSTOMERS!!!!!

This is how thet treat their customers, I had not done anything wrong and ALWAYS paid my FULL balance every month-customer service Ha they don't know the meaning of the word!!!

[pt2537]

hi VV,

 

yeah better to call them in the first instance, that way you get through to the correct department and the correct person

 

as i said if it does go further, let us know, unfortunatley its not your decision as they can issue proceedings and thats that

 

however, if they did, they would be extremely silly as you would have a complete defence to their claim and i feel that their case would be struck out without much trouble

 

if you need any help shout

 

regards

paul

[nas2211]

Hi all,

 

I've been spending the last few days re reading through monopoly and malaga'a threads which are similar to mine and have been preparing the legislation I need to put in my court bundle.

 

One item I can't find despite HOURS of googling and reading so many pages my eyes are going crossed is 'The Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983' as recommended as being useful by tomterm in monopoly's thread.

 

I've found many other regulations but this specific one I can't find for the life of me, can anyone help to save me from going potty and point me in the right direction please?

 

Huge thanks, Nas

[pt2537]

Hey Nas, if you want to pm me an email address, i will send them over to you,

 

ive got all the consumer credit regulations and all case law relating to credit

 

so any thing you need let me know

 

regards

paul

[nas2211]

Paul you're an absolute lifesaver, am pm-ing you now...

 

Also, I'm using sections 78, 88, and 127 of the Consumer Credit Act 1974 but am wondering if I should also include section 108 in terms of Next failing to provide the signed cca when requested?

 

I'm floundering in legislation this evening!

[Having_A_Knightmare]

I tell you what Nas its like reading german.

 

Law is a nightmare

[nas2211]

Sure is, I'm trying to keep focused but its not easy!

 

I just keep reminding myself why I'm doing this, knowledge is power and all that...

[pt2537]

Nas, you have email, ive taken the liberty of including some other bits and bobs

 

hope you find it useful

[nas2211]

Thanks so much Paul, I'm going to rest my weary head tonight so I can read through all the info you've kindly sent me in the morning when hopefully I'll be able to put it into context better!

 

If I've any questions (which is pretty much a dead cert) I'll post up here again tomorrow.

 

Your support is much appreciated and gratefully received : )

[pt2537]

youre welcome nas

 

if you need anything just shout

 

regards

paul

[nas2211]

Well, after hours of research and being just about ready to print off and photocopy dozens of pages for my court bundle the following letter arrived this morning from Brighton Court....

 

'Dear Sir/Madam

 

Re: Next Retail Limited -v- nas2211

 

Please take note that due to the Claimant not having paid the required hearing fee, the small claims hearing listed for 13th March 2008 has now been vacated.

 

The Claimant may make an application to have the claim re-listed however so this does not mark the claim as settled'

 

So it would seem Howard Cohen have messed up by not paying the court fee, and now I'm left in limbo waiting to see if they restart the claim again!

 

Feeling very frustrated but also relieved that I won't have to go to court next month (hopefully!)

 

Has anyone else experienced this happening with Next?

[yvonne69]

Hi Nas,

 

I was just wondering if you have heard any more from Next? I am in the same boat, but quite a way behind you!!

 

 

Yvonne