Next directory taking me to court

[kellemeek]

Hi there,

 

I have been sent a blue paper from court saying next directory are taking me to court because i fell behind with my repayments.

 

It says on the form: offer of repayment but i am scared that they wont take £40 a month for a £600 debt. If the court refuses to accept this repayment a month does that mean baliffs can come into my home and take everything?

 

I have also been reading about cca and dont know if i could request one from next directory? Does anyone know if that is possible?

 

And if i can then should i put on the form i am defending it at the moment?

 

 

I dont know what to do Its my own fault for not keeping up on repayments really.

 

 

If anyone has any advice

 

 

 

Kind regards

 

 

Kelle

[foolishgirl]

Hi kellemeek - welcome to CAG

 

1. Don't panic about the claim form. You have 14 days to respond, a further 14 to offer a defence if you decide to defend. If you don't defend (or offer staged payments), you will get a CCJ. What date does the AOS have to be submitted?

 

2. You can apply for a CCA at any time & usually costs £1.00. However as they have commenced legal action & the court track has not yet been decided suggest you send a request under CPR 31.14 requesting the agreement in addtion to the other docs you need to defend your case. There is a template on this thread that can be amended to suit your case:

http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html

You should send this off immediately by Rec. Del. Do not sign, print or use dig. sig.

 

3. For background info:

When did you start the account with Next?

Is the amount they are claiming more than £5000?

Have you ever had any charges added to the account eg. late payment, over limit? If so, have you ever reclaimed them?

Did they ever issue you with a default notice?

 

4. If you require help in filling out the AOS form or in completing a defence, shout, but suggest you look through the threads on here, particularly the 'successes' for egs. of how to do it. Then do lots of reading - the more you know, the more confident you will be in presenting your case at a hearing.

[kellemeek]

For background info:

When did you start the account with Next?

Is the amount they are claiming more than £5000?

Have you ever had any charges added to the account eg. late payment, over limit? If so, have you ever reclaimed them?

Did they ever issue you with a default notice?

 

 

I opened it in 2006 i think but i am not sure. The total is for £670, and yes late payment charges have been issued onto the account and i have never reclaimed them before.

 

I think they have issued a default notice in the past.

 

The debt was taken over by moorcroft and they said they would only accept £120 a month, i explained that i couldnt afford this so she said i should wait a week for the blue papers to come through.

 

I have been reading alot but i really dont understand it i am ready to have a baby in 4 weeks and the stress is really getting to me now :?

 

Should i just offer a repayment rather then apply for a cca because it looks really hard to go down this route.

 

 

 

Kels

[alfwithhair]

Are you certain these are genuine court papers?

Does it give a case number and a court name on it.

DCA's are well know for sendng out documents purporting to be from the courts when in fact it is just crap from Moorcroft.

I have never heard of any court papers containing offers of payments

Can you post up the particulars of the claim or better still scan the form and post it on here via photobucket, minus your personal details of cause

[kellemeek]

Hi there

 

Its from Northampton ccbc abd has a claim number on it, Its four pages long and i have to put all my income details on it and what i spend on food and bills etc.

 

The offer of repayment is underneath this part and asked if i can pay the amount admitted by a certain time or says i can pay by monthly instalments and asks for how much i can afford.

[alfwithhair]

what are the particulars of the claim

who is named as the claimant

who the the solicitor acting

[kellemeek]

It says BALANCE UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 MADE BETWEEN THE DEFENDANT AND THE CLAIMANT OR ITS PREDECESSOR IN TITLE ABD OUTSTANDING AT THIS DATE THE DEFENDTANT REMAINS LIABLE FOR MAKING REPAYMENTS UNDER THE AGREEMENT UNTUL THE OUTSTANDING DEBT IS REPAID IN FULL.

 

the claiment is next directory ltd and the solicitors are MLS in stockport.

[kellemeek]

And sorry for all the bad spelling mistakes. My little girl thought it was a good idea to throw my glasses in the park pond.

[alfwithhair]

I will contact a moderator for you and get this post moved to the legal section as you will need expert advice on how to deal with this matter

[Michael Browne]

This thread may help:

http://www.consumeractiongroup.co.uk/forum/legal-issues/200443-tactics-dealing-next-directory.html

[andyr666]

And sorry for all the bad spelling mistakes. My little girl thought it was a good idea to throw my glasses in the park pond.

 

Is there any way that you could post up the documents that you have received (taking out all personal info beforehand)

[foolishgirl]

 

I have been reading alot but i really dont understand it i am ready to have a baby in 4 weeks and the stress is really getting to me now :?

 

Should i just offer a repayment rather then apply for a cca because it looks really hard to go down this route.

 

Kels

 

I really appreciate how you feel but believe me, there is really nothing to get stressed about. It is simply a matter of taking one step at a time & thinking about each move before you make it. You really don't want a CCJ on your file for the next 6 years if you can avoid it, nor should you even be thinking about making any payments to people unless they can prove they are legally entitled to them.

 

From what you have posted so far, it sounds as though you may have a strong case but you will need to defend it. CAGers are very good with help & advice - you won't be left on your own.

 

Start by posting up the POC (personal details removed)

[guzzleguts]

Hi Kell

 

You will get all the advice you need here, but this is my thread you might want to read, it may help.

 

Help with court/set aside-next cat *** WON STRUCK OUT *** (1 2 3 4 5 ... Last Page)

guzzleguts

 

 

GG

[kellemeek]

Hi there,

 

I sent a cpr request last week and next have sent me a letter back saying :

 

 

We have previously supplied you with or please find enclosed a true copy of the credit agreement. We are satisfied that this meets with our obligations under section 78 of the consumer credit act.

 

By way of explaination, under section 78 of the consumer credit act, Next must supply any customer with a true copy of their credit agreement upon request.

 

For the purposes of section 78a , a true copy need not been an exact copy or photocopy, as long as it contains every material provision of the agreement signed. This means that it does not need to have non-statutory information which was included for the creditors own benefit or signiture boxes. Therefore next are not required to provide you with a signed copy of the agreement and this is made clear in section 3(2) of the consumber credit (cancellation notices and copies of documents) regulations, We are required to provide you with a true copy and a true copy is enclosed.

 

In light of this, and in the absence of any evidence to suguuest that you did not order and/or recieve good delivered, next will continue to seek payment of the the balance of £623.17 owed by you. It is noted that you have niether denied ordering or recieving goods.

 

A default entry will therefore be made on the credit reference file, which may affect the ability to obtain credit in the future.

 

 

 

 

 

 

 

 

Right thats the letter and they also enclosed a copy of the credit agreement which has not been signed anywhere.

 

 

Im stuck now because i dont know if the above is true and i cant provide this information to the courts.

 

 

 

If anyone has any advice

 

Kelle

[guzzleguts]

Hi Kell

 

Did you find the Default notice?

 

GG

[kellemeek]

I dont think one was served, does this matter to the courts?

[trooper68]

 

Hi Kellemeek.

 

I dont think one was served, does this matter to the courts?[oh yes]

They must send you a default notice, this usually is a letter with the amount owing and dated, always keep the envelope (post mark) you should have had a letter before action.

 

Did they sell the account on to a DCA?

 

Trooper68

[kellemeek]

I really cant remember if a default notice was issued. I have checked all my letters and cant seem to find one.

 

A few questions

 

1. If they have issued a default notice is the debt enforceable in court even though there is no signed credit agreement?

 

2. If they have issued a default notice is there anyway i can request a copy of it?

[kellemeek]

And yes they sent the debt to moorcroft. Who said they wanted £110 a month or they would be taking me to court.

[trooper68]

I really cant remember if a default notice was issued. I have checked all my letters and cant seem to find one.

 

A few questions

 

1. If they have issued a default notice is the debt enforceable in court even though there is no signed credit agreement?

 

2. If they have issued a default notice is there anyway i can request a copy of it?

 

 

Hi Kellemeek

 

1, No, If ther is no signed agreement they cannot enforce it

 

2, Yes, you could ask for a copy, I think what you will get is a template letter "like" the one they sent you.

 

Ok, what I would do is send them a SAR to both parties, Next and DCA. DO it by reg letter, send off with £10 postal order do NOT sign the Letter Print it. (see the template letters area.) They will need to respond within the 40 days.

 

Request a signed copy of the agreemment (see letters template £2 postal order needed) from next. Put in an embarrassed defence ( this is because you will not have the signed agreement) The Dj may order them to supply the requested document, if they cannot, the case may be struke out, but, it gives you time to fight the case and gives you a breathing space..

 

Trooper68

[kellemeek]

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

 

 

 

I sent the request under CPR 31.14 requesting the agreement in addtion to the other docs you need to defend your case as said to do so by one of the board members on here.

 

 

 

The letters i recieved where

 

 

1.

 

 

 

 

2.

 

 

 

 

 

 

 

3.

 

 

 

I will get the last one resized when i figure how to do it.

[kellemeek]

Hello there,

 

 

I have resized the last one

 

 

 

 

 

 

 

Hope you can read it.

[trooper68]

A bit small, can you stick them on photobucket?

 

Is the agreement blank? looks it to me.

 

If it is blank, no enforcement.

 

trooper68

[kellemeek]

I will try too yes, i dont know a great deal about computers as you can tell. But please be patient with me and i will try and do my best.

[guzzleguts]

Hi Kell

 

I take it they are trying to pass off the bottom letter as a Default notice if they are its nearly as bad as mine. (and that was the main reason i won my case, no DN)

 

The blank application form is a normal response when they have no signed agreement, and if the reply was to a cca request then that reply would be sufficient. However it was a reply to a CPR request and a Judge will want to see a signed agreement and a valid default notice, and if i were you i would send an application notice (N244) to the court politely asking for the above Documents to be filed at court and served on the defendant.

It costs £40.00 unless you receive benefits then you can fill out form EX160 for a fee remission.

 

GG