Next!! Help Blue form

[MrMoon]

Hi All,

 

Long time lurker, great to see the advice posted here.

 

Anyway came home and found a claim from cohen for next for about £300 on that nice blue form from northampton bulk court. I have been online and done an AOS, now what do I do, do I file the defence as per the sticky or do I go for getting it struck out, I havent CCA'd them before do I do that using CPR or just go straight for next????

 

p.s its also pre 2007 and I never entered into an agreement with them by signing a cca

Edited November 20, 2009 by MrMoon

[Craftygirl42]

I am not an expert, but know that those that can help, like to see what the Particulars of Claim are. So if you can add those to this thread, it will help when someone in the know comes along.

 

You will also need to get the CPR letter off to them to try and get them to disclose their documentation, but dont hold your breath to get a reply. Again I am sure someone will come along with the link to the correct one for you.

 

Good luck and sure you will get all the help you need to work your way through the process

[MrMoon]

Thanks!! POC are as follows:

"The Claimant's claim is for the sum of £X being the balance outstanding on the Defendant's account in respect of the price of goods supplied and delivered by the Claimant to the order of the defendant through its mail order catalogue service together with any charges applied to the account in accordance with the terms and conditions of use.

 

Full details of the cost of all purchases made and details of agreed payment arrangements have been given to the Defendant. The Defendant has defaulted in payment.

 

The Claimant claims £X

[Sparkling Diamond]

What did you put on the AOS.

What is the date on the claim

 

SD

[MrMoon]

Date of service is 16th Nov, I put on the AOS that I intend to defend the whole claim

[MrMoon]

Anyone??

 

Do I sent a CPR 18 or 14?? and do I CCA next asap? or do I ask for the signed copy as an alternative?

[militantconsumer]

Take a look at this thread for advice on dealing with this:

 

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

[MrMoon]

Take a look at this thread for advice on dealing with this:

 

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

 

Thanks ive read that but im unsure of what defence to file when the time comes, I need to CCA Next im guessing and file an embarrassed defence?

[militantconsumer]

Well, if you are sure you never signed an agreement then I would have thought the defence in post 5 of that thread is a pretty good start.

[MrMoon]

Well, if you are sure you never signed an agreement then I would have thought the defence in post 5 of that thread is a pretty good start.

 

id like to put in something about their POC being vague ive seen it somewhere here but dont know where to start, I deffo did not sign any agreements

[postggj]

Well You Need To Send The Cpr To Cohen

 

Cohen Does Not Like This And Usually With Draws The Claim

 

He Likes It Nice And Simple

 

Judgement By Default

 

Send Recorded

[MrMoon]

Well You Need To Send The Cpr To Cohen

 

Cohen Does Not Like This And Usually With Draws The Claim

 

He Likes It Nice And Simple

 

Judgement By Default

 

Send Recorded

 

which CPR as im a bit confused? as cpr.14 he doesnt state much in his POC

[postggj]

Ill Dig It Out

[militantconsumer]

This thread is a good general guide to being sued by a creditor, and it has an example CPR letter in post#3

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

[MrMoon]

This thread is a good general guide to being sued by a creditor, and it has an example CPR letter in post#3

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

 

Does CPR 18 not apply as its under £5k?

[postggj]

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

[postggj]

Does CPR 18 not apply as its under £5k?

 

DOES NOT MATTER

 

ITS UP TO A JUDGE TO DECIDE IF SMALL CLAIMS OR FAST TRACK

 

NOT COHEN

 

HE WILL IGNORE YOU AND PULL OUT OR YOU THEN DO AN EMBARRASSED DEFENCE

[MrMoon]

DOES NOT MATTER

 

ITS UP TO A JUDGE TO DECIDE IF SMALL CLAIMS OR FAST TRACK

 

NOT COHEN

 

HE WILL IGNORE YOU AND PULL OUT OR YOU THEN DO AN EMBARRASSED DEFENCE

 

stuff it then I will send both CPR requests, can you post up an embarrassed defence that I can chop into the good next one in the sticky please

[postggj]

You Need To Send The Cpr 31.14

 

Have You Acknowledged The Claim Yet

You Have 14 Days From Date Of Service To Put In The Embarrassed Defence

 

We Need To Give Cohen The Oppertunity To Respond Before The Defence Goes In

[Craftygirl42]

You Need To Send The Cpr 31.14

 

Have You Acknowledged The Claim Yet

You Have 14 Days From Date Of Service To Put In The Embarrassed Defence

 

We Need To Give Cohen The Oppertunity To Respond Before The Defence Goes In

 

 

Is it not 14 plus 5 for service for acknowledging the claim, and then a further 14 days for your defence.

 

If I am wrong, I apologise as head is full of cold.

 

Actually Mr Moon, why not ring the Court and clarify the dates you need to get things done by. You dont want them to sneak a judgement by default cos you miss a deadline

 

Search for embarrassed defence and you will come up with lots of ideas to use

[MrMoon]

Thanks all,

 

Just printing off CPR 14 request and also CCA'ing next for good measure, will call on monday to get my defence date

[MrMoon]

Ok next have responded to my CCA request and Cohens have sent me acknowledgement, surprise surprise next just sent me a blank credit agreement with their shirty letter.

 

Whats next? do i send them CCA in dispute letter?