Tactics for dealing with Next Directory/out of date in light of recent judgements

[pt2537]

Hi

Sorry this is incorrect there is anhole section in the act under section 16 of people eho provide credit nd are exempt .

There are also those under section74 that are exemmpt from making an agreement.

Peter

you are quite right about the exemptions under s16, i dont deny this point peter

 

however, which provision of s16 are you reliant upon please? from my looking at it and from my reviewing lloyds and Guest, and Halsburys, i see nothing that would interfer with this type of case under s16

[Peterbard]

you are quite right about the exemptions under s16, i dont deny this point peter

 

however, which provision of s16 are you reliant upon please? from my looking at it and from my reviewing lloyds and Guest, and Halsburys, i see nothing that would interfer with this type of case under s16

 

Hi I was relying on the assumption that the ir was an sttutaratuy instrument ineffect that precdcribrd s minimum limit for thr Totoal charge of vredit or interest required for the agreement to be regulated similar to the requirement for a small agreement .

 

I was wrong.

As you say the catalogues are currently regulated under the cca 1974.

I appologise.

They do however use the distance marketing regulations(as precontractural informationrequirements) if enterred into after 2005 so the cancellation details and some of the Part v terms are differnt aslo the agreement may be electronic or entered into by telephone.

 

NOt sure on the sittuation before thiis????

 

Sorry for the error i did say i wa not an expert in tnis i know a bit more now

 

Peter

[Peterbard]

the distance selling regulations would not be my choice of attack

 

simply because you have a fatal irredeemable breach where no agreement was ever signed on entry into credit with this lender.

 

 

it is a straight forward submission in my opinion and one that the court will have no discretion with, but by all means over complicate things if that is what you wish to do, but i cant see why you wouldnt simply seek to raise a breach of the 1974 Act leading to unenforceability

 

 

Hi

 

 

The distance selling regulations have nothing to do with the distance marketing regulations whitch is what the agreement you took out will be regulated by.

Ther is no point in agrguing about the agreement becausse they will say you had all the information on line according to the atats on completion. No writern contract would have been made

[Peterbard]

Aare you syre next provide the crdit it ssays credit broker on their liscense

 

Peter

[Peterbard]

you are quite right about the exemptions under s16, i dont deny this point peter

 

however, which provision of s16 are you reliant upon please? from my looking at it and from my reviewing lloyds and Guest, and Halsburys, i see nothing that would interfer with this type of case under s16

 

 

Hi again

 

I decded to look further into the isue of regulation on this and gues what I was right in my initial assertion, well sort of.

 

Ordinarry catalogue transaction are covered by the distance selling regs , supply of goods act not Consumer Credit Act.

 

They are the transactions that are interest free and are exempt by section 16 of the act. Stat instrument 1999/1956.

"The third exemption applies to debtor-creditor agreements where three conditions are

satisfied. The first condition is that the agreement is of a type offered to a particular class, or to

particular classes, of individuals and not to the public generally. The second condition is that

there can be no increase in the rate or amount of any item which is included in the total charge for

credit (or which would be included but for the operation of the assumption in regulation 14 of the

Consumer Credit (Total Charge for Credit) Regulations 1980). The third condition is that the rate

of the total charge for credit does not exceed one per cent above the highest of a number of

specified banks’ base rates on the date 28 days before the agreement is made.”

Catalogues conform to the first condition in that you have to join the second two are self explanatory.

Catalogues do however offer credit (extended terms ) but these are usually supplied only on the issuance of a separate regulated agreement ,apply interest, and are covered by the CCA..

 

Catalogue companies do not supply there own credit they are usualy the dreditors in a c-d-s relationship so you need to make sure that you are addressing the supplier of the credit if you are going to make a section 78?/77 request.

Also this is not a running account agreement it cannot be, not because it is exempt but because it does not fit the definition.

 

Each purchase is a separate transaction and although the funding sauce is common, the repayment details amount and duration are different on each purchase unlike running account credit.

If it were running account ,then under section18 you would have a fixed sum restricted use agreement for every purchase, every sing item bought would have to have its own signature t and cs etc.

Peter

[steve_butcher]

Paul,

 

Just had a letter from Next stating that as its a small claim s.31.1(2) means that I cannot claim breach of CPR 3.1 for non-disclosure. What do you think?

[pt2537]

Paul,

 

Just had a letter from Next stating that as its a small claim s.31.1(2) means that I cannot claim breach of CPR 3.1 for non-disclosure. What do you think?

if the case has not been allocated then CPR 31.14 applies til allocation to track

[undercovermoles]

 

Has anyone been successful in such a post-April 07 case?

 

UM:-)

 

 

I noticed that no-one had answered this question.... anyone?

 

[pt2537]

I noticed that no-one had answered this question.... anyone?

 

yes, but the remedy is much different to the fatal unenforceability that was pre april 07

[undercovermoles]

yes, but the remedy is much different to the fatal unenforceability that was pre april 07

 

Hi PT

 

Sorry but can you remind me (and others) what the remedy is for post April 07? I have tried to research this but cannot find it, all people seem to talk about is pre April 07 cases...

 

Cheers

 

UM

[undercovermoles]

Hi PT

 

Sorry but can you remind me (and others) what the remedy is for post April 07? I have tried to research this but cannot find it, all people seem to talk about is pre April 07 cases...

 

Cheers

 

UM

 

 

Anyone?

[bradfordlad]

Quick question gang if I may?

 

I've an OLD Next Directory account, had to stop paying this time last year. Nothing but the usual pile of statements, and 3 "true copies" of an agreement (sounds like a familiar story from what I've read!).

 

Received a letter from Moorcroft Debt Recovery asking me for proposals for repaying the full amount of the debt. To my knowledge, I've never received a Default Notice. Has anyone ever heard of such a situation before? My Next thread is here if it helps: http://www.consumeractiongroup.co.uk/forum/showthread.php?243933-NEXT-Directory-response-to-CCA-request

 

Cheers

 

BL

[Hadituptohere]

post deleted thread wouldnt work

[pt2537]

hadituptohere

 

lol, what dross, mcguffick dealt with s78(1)

 

but if a declaration of the court were obtained as to the enforceability of the agreement then they would be stuck

[Hadituptohere]

LOL how did you see the thread as it was showing it wouldnt post hence me deleting...

 

Ill have to have a read of Mcguffick but guess there way of line???

 

Hadituptohere