6 yr old Next claim

[sabai300]

Hi All,

 

lookiing for some helpfull advice on how to respond to a Next claim.

 

I bought some living room furniture in 2003, when it arrived it was not as the brochure. Next said to replace the items they would scrap the current agreement and send out a new one for me to sign and send back. I never received it because they never sent it. now it is 2009 and I am being persued for the original agreement of which I made 2 payments.. is this enforceable? I am also being asked to pay interest. today is the first letter I have received since 2003.

 

Appreciate some advice.

Sabai300

[robcag]

Hi Sabai300

 

Generally Next do not possess any enforceable agreements (if at all) for older accounts (and I don't mean that old!).

 

Check this thread out and the link which I posted a few posts down in the thread;

http://www.consumeractiongroup.co.uk/forum/legal-issues/210331-robinson-way-ccj.html

 

Cheers

Rob

[foolishgirl]

Nothinwithstanding robcag's comments, what date did you make the last payment? More than 6 years & it's statute barred in any case.

[the_shadow]

Hi All,

 

lookiing for some helpfull advice on how to respond to a Next claim.

 

I bought some living room furniture in 2003, when it arrived it was not as the brochure. Next said to replace the items they would scrap the current agreement and send out a new one for me to sign and send back. I never received it because they never sent it. now it is 2009 and I am being persued for the original agreement of which I made 2 payments.. is this enforceable? I am also being asked to pay interest. today is the first letter I have received since 2003.

 

Appreciate some advice.

Sabai300

 

Well done Sabai, was looking for it in the general forum rather than the legal one

 

As foolishgirl has stated, chances are this is statute barred if you only made two payments and have not acknowledged the debt in writing in a 6 year period.

 

S.

[I've got no money]

As I pointed out by pm - we need the date of the last payment

[sabai300]

Hi, firstly thank you for the advice...

 

The last payment I made was May 2003...

 

Does this mean the debt is now stute barred?

 

thanks

sabai300

[I've got no money]

IMHO it does - it became statute barred either at the end of April 2009 or at some point in May 2009 - depending exactly when the payment was made

[the_shadow]

If I understand the statute barred laws correct its 6 years to the day the payment was due, so if you paid in May, the next payment would be in June which is the one missed, I would say June is when it becomes statute barred

 

I would if you are sure of the last repayment date (check your bank statements) send the statute barred debt letter.

 

S.

[foolishgirl]

If I understand the statute barred laws correct its 6 years to the day the payment was due, so if you paid in May, the next payment would be in June which is the one missed, I would say June is when it becomes statute barred

 

 

That's what I understood too Shadow

[the_shadow]

That's what I understood too Shadow

 

Thanks Foolishgirl.

 

my English is terrible... June is when it "became" statute barred not "becomes"

 

S.

[foolishgirl]

Thanks Foolishgirl.

 

my English is terrible... June is when it "became" statute barred not "becomes"

 

S.

 

Oh, what's an o between friends?! Meaning perfectly clear.