Next Directory and bailiffs help please.

[RaeUK]

Afraid I don't know much about the law but rather suspect you'll get some posts...

I would have thought, though, the less you have to bring up 'on the day' the better. I'm sure the court would appreciate knowing as much in advance as possible to minimise the actual time involved in the hearing.

I would certainly draft a letter stating that you believe you may be in the vulnerable category as noted in the National Guidelines for Enforcement Agents. Supply a copy of your IB entitlement and, if appropriate, include a note from your GP. And mention that you are a single parent.

Rae

[sarnie2109]

bump!

 

any ideas on this please:confused:

[Nintendo Pü]

I think you need an expert on consumer credit contracts. You can ask for a copy of the CCA if you dont have it. Its not personal information as it is defined under the Data Protection Act 1998.

 

If a CCJ is awarded they are perfectly entitled to enforce it.

 

If the credit contract is in some way unlawful then you can ask the court to have the CCJ set aside. You will need to explain why you didnt challenge the CCJ application at the time - did the claimant send the notice of hearing to your correct address? if no, then that could be your exit card.

 

It looks like the 'solicitor' is trading as a debt collector, and has bought the debt from the original creditor (common practice with solicitors who dont have much work on), techncially you have no contract requring you to pay them. The CCJ only requires you to pay the originating creditor.

[sarnie2109]

hi nintendo,

 

well they already have the ccj, thats been i place sinc dec 06.... i hae been paying it, but since i have had good success beating other debt that were still just with a DCA i thought i would challange this one.

 

i have phoned them twice recorded and both times they say oh we dont need a CCA it comes under the SOGA!! well we all know it doesnt.

 

so like you have said, im trying to get them to provided it, letter going off 1st january and on my court application to have the warrant of execution set aside i have put i think the debt is highly likely to be unenforceable. and hopefuly the will over turn this for me.

 

just hoping some people here may have done this already and be able to give some pointers or highlight areas the judge will be interested in, in our favor of course;).

 

should/could we challenge the CCJ at the same time, separate form/hearing? or will this hearing to have the WOE set aside do that for us if it goes in our favor?

 

many thanks for the replies............ almost merry christmas:eek:

[Nintendo Pü]

If you freely bought goods under a consumer credit agreement then the Sale of Goods Act is only good if the value of the goods is less than £100 and the goods are not as described or not of merchantable quality. Im not sure why SOGA is being quoted, it really doesnt help your case.

I dont really understand your grounds you intend to use to set aside the CCJ. Why do you think the Warrant is unenforceable?

If you intend to retrospectively challenge a warrant then it should be on the grounds of improper administration, e.g. documents not served, you changed address but the enforcement officer took it under his own to find your new address and tried enforcement without first serving legal process.

[sarnie2109]

If you freely bought goods under a consumer credit agreement then the Sale of Goods Act is only good if the value of the goods is less than £100 and the goods are not as described or not of merchantable quality. Im not sure why SOGA is being quoted, it really doesnt help your case.

 

its not me mentioning it, its cohans saying that to me when i asked if they had the original CCA...... doesnt help my case?? surely i thought that would help my case, them not knowing the correct procedures etc.

 

I dont really understand your grounds you intend to use to set aside the CCJ. Why do you think the Warrant is unenforceable?

 

because i dont think they have an enforceable CCA, especially after them keep quoting the SOGA at me............ when the ccj was given i was very low after my mother passed away and having a poorly father to look after, saving there house etc dealing with it was the least of my worries.

But now i am aware of my rights i intend to use them:)

 

If you intend to retrospectively challenge a warrant then it should be on the grounds of improper administration, e.g. documents not served, you changed address but the enforcement officer took it under his own to find your new address and tried enforcement without first serving legal process.

 

ive not moved house but i intend to say because of my family life etc and my poor health, and my doctor will say i had depression.

I WAS paying the debt of to the original creditor at a reduced rate with no probs, then a DCA took over, then the probs started

[sarnie2109]

If you freely bought goods under a consumer credit agreement then the Sale of Goods Act is only good if the value of the goods is less than £100 and the goods are not as described or not of merchantable quality. Im not sure why SOGA is being quoted, it really doesnt help your case.

 

its not me mentioning it, its cohans saying that to me when i asked if they had the original CCA...... doesnt help my case?? surely i thought that would help my case, them not knowing the correct procedures etc.

 

I dont really understand your grounds you intend to use to set aside the CCJ. Why do you think the Warrant is unenforceable?

 

because i dont think they have an enforceable CCA, especially after them keep quoting the SOGA at me............ when the ccj was given i was very low after my mother passed away and having a poorly father to look after, saving there house etc dealing with it was the least of my worries.

But now i am aware of my rights i intend to use them:)

 

If you intend to retrospectively challenge a warrant then it should be on the grounds of improper administration, e.g. documents not served, you changed address but the enforcement officer took it under his own to find your new address and tried enforcement without first serving legal process.

ive not moved house but i intend to say because of my family life etc and my poor health, and my doctor will say i had depression.

I WAS paying the debt of to the original creditor at a reduced rate with no probs, then a DCA took over, then the probs started.

[kiptower]

quote

 

then the Sale of Goods Act is only good if the value of the goods is less than £100

 

there is no limit under the SOGA £100 or any other amount, as said above "less than £100"

[sarnie2109]

Nintendo Pü

 

If you freely bought goods under a consumer credit agreement then the Sale of Goods Act is only good if the value of the goods is less than £100 and the goods are not as described or not of merchantable quality. Im not sure why SOGA is being quoted, it really doesnt help your case.

 

its not me mentioning it, its cohans saying that to me when i asked if they had the original CCA...... doesnt help my case?? surely i thought that would help my case, them not knowing the correct procedures etc.

 

I dont really understand your grounds you intend to use to set aside the CCJ. Why do you think the Warrant is unenforceable?

 

because i dont think they have an enforceable CCA, especially after them keep quoting the SOGA at me............ when the ccj was given i was very low after my mother passed away and having a poorly father to look after, saving there house etc dealing with it was the least of my worries.

But now i am aware of my rights i intend to use them:)

 

If you intend to retrospectively challenge a warrant then it should be on the grounds of improper administration, e.g. documents not served, you changed address but the enforcement officer took it under his own to find your new address and tried enforcement without first serving legal process.

 

ive not moved house but i intend to say because of my family life etc and my poor health, and my doctor will say i had depression.

I WAS paying the debt of to the original creditor at a reduced rate with no probs, then a DCA took over, then the probs started.

[RaeUK]

...but i intend to say because of ... my poor health, and my doctor will say i had depression...

 

I wouldn't anticipate ill health to excuse debt. The vulnerable group within the National Guidelines are there to protect those listed from the extra stress that may be induced by Enforcement Agents and reduce risk to them.

Forgive me if I've misunderstood your post.

Rae.

[sarnie2109]

I wouldn't anticipate ill health to excuse debt. The vulnerable group within the National Guidelines are there to protect those listed from the extra stress that may be induced by Enforcement Agents and reduce risk to them.

Forgive me if I've misunderstood your post.

Rae.

 

Thanks for the reply, sorry on just replied myself xmas rush over snow etc..... but back on it full time again now, SO.....

 

I wasn't using ill health to excuse my debt, just that's why i did contest it much earlier....... i kept up with my minimal payments its them, and other DCA's that had there hands on it that didnt, i was paying without default and they keeping passing my debt around like a hot potato.

 

am sending a CCA request tomorrow morning first class recorded, as think the hearing date will be a while as i only got the courts acknowledgment of my application day before xmas.

 

 

Any thoughts, anyone

thanks again and happy new year to everyone:-)

[RaeUK]

Nice to see you back sarnie. Just read my earlier post and it does sound far meaner than I really meant!

Good luck and best wishes.

Rae.

[sarnie2109]

Any advice please guys??

[pt2537]

are we saying ( lets be clear here) that you NEVER signed an agreement with Next?

 

If so, then you may be able to bring a challenge over the enforceability of this agreement, even though there is a CCJ ( see southern district finance v Turner)

 

 

let me know what you wish to achieve and i will tell you if its possible and if its something a litigant in person can do and the risks etc

[sarnie2109]

Thank you PT2537, When i tried to purchase items on line through next web site it wouldn't allow me to pay with a debit card it said an account had to be opened, so i opened it, from what i remember I never signed anything.

When all the court papers came I just did what I thought was right and offered to pay £5 a month, I struggled with the payments until a friend advised me my CCA may not be enforceable, so i stopped paying them.

 

I guess what I am hoping for is that I am not liable for the debt.

So advice as to what to say and do would gratefully received.

I am trying to get my head arround all the jargen etc, my friend is quite knowledgable but is snowed in literally with other peoples debts and is trying to help me but I need to be able to read in idiots terms what I am meant to do.

 

Thank you in advance.

[pt2537]

well,

 

Im afraid if its idiots terms you want

 

See a solicitor who works on no win no fee ( conditional Fee agreement basis)

 

the legal arguments are complex, i studied law and university and its not as easy as people think, so you would be best served i think due to the complexity of this by getting independent legal advice.

 

The main reason is , while i could prepare your documents for you etc, you would be the one in court and up against skilled counsel from the other side and i think that you would be in danger of being hit with a huge costs order, as such an action would most likely fall in the multi track with unlimited costs

[sarnie2109]

Hi PT, im troubleman sarnie2109's friend.

and have dealt with all her debts with her, since about last may with a pritty good success, just about to finish a few big ones off:D but they were all with DC's and hadnt gone any further.

 

this one slipped through the net, i feel fairly confident in the court side of things (he says before youve told whats involved:rolleyes:) but ive taken people to small claims etc and been in plenty of court rooms.

 

So i would love to know more about you saying regarding what you mean by complex arguements,, how complex;)?

 

so are you saying this would happen when we go in to have it set aside or another later hearing?

 

we have just been told the case is on feb 1st, cca request off tomorrow morning, with £1 postal order.

They will be passed the 12 days for the cca before the hearing, so im hoping i can say, i applied for it and they havent got it (fingers crossed).... so this should be set aside, and even in fact should be considered for cancellation as sarnie2109 had broken her neck and spine and has 4th stage arthritis and has just been excepted for a new knee replacement in may/june 2010 and as she will never work again, and she will always be on benifits already stretched out paying, other and priority debts.

 

we have just quickly looked what accounts they did send her, and the court papers, IE the earlier ccj papers etc, and looks like out of the original £418 debt she left next with, then with the ccj it was at £550 with costs it looks like she has piad off £350 (just checking now) and now the debt is back up at £245 on the new paperwork.

 

i would also say that because she always honored the debt and and kept up with her payments, it should be seriously considered that the debt is written off as sarnie2109 only £60 short of satisfying the original debt.

 

any ideas/ thoughts

 

am i an idiot

 

by the way, thank you for giving her (and me) the help you people have!!

 

 

regards

Troubleman

[pt2537]

well, you are looking at relief from sanctions pursuant to CPR 3.9 firstly,secondly you need to have a read of Southern district Finance vs Turner Southern & District Finance Plc v Turner [2003] EWCA Civ 1574 (07 November 2003) and you need a knowledge of the Consumer Credit Act 1974.

 

this would not fall small claims for sure, you woulld fall multi track, at least the last case where we did this did. you need to have a good understanding on the legal system/ process

 

also, you would most likely be seeking permission to counter claim for declaratory relief that the agreement is unenforceable as that is what mrs turner did.

 

Its a real headache as there is already a CCJ but if you know your onions then you can get there

[sarnie2109]

tried PMing you, but your full ;-)

[pt2537]

not now im not

[sarnie2109]

onions yeah , there brown round things used for cooking right.

 

Well im not going to pretend i understand all of what you have just kindly said.

You mention 'fall' for multi track, what does fall mean please

 

"you would most likely be seeking permission to counter claim for declaratory relief that the agreement is unenforceable" ..... yeah, thats what i said in my last post, isnt it?? (more or less).sorry thats my humour

 

whats the headache with the ccj you envisage please

 

many many thanks for your lighting reply

Edited January 13, 2010 by sarnie2109

[pt2537]

onions yeah , there brown round things used for cooking right.

 

Well im not going to pretend i understand all of what you have just kindly said.

You mention 'fall' for multi track, what does fall mean please

 

"you would most likely be seeking permission to counter claim for declaratory relief that the agreement is unenforceable" ..... yeah, thats what i said in my last post, isnt it?? (more or less).

 

whats the headache with the ccj you envisage please

 

many many thanks for your lighting reply

well, im not entirely sure what you wanted to be honest, but you need leave of the court to be allowed to counter claim without this you go no where!!

 

yes, you fall multi track without a doubt on complexity grounds, you are not going to have a 15 minute trial in this case nor is this matter going to be suitable for small claims track as you will want various disclosures which wont be available under the SCT see part 27 CPR

 

the risk there however in the multi track is costs, in the last case we did, our bill was £25,000 plus ATE insurance policy so the risk is large cos you can bet your bottom dollar that the othersides bill will be pretty large too if they win

[sarnie2109]

im not sure what i need either yet, i had no idea it was going to as invovled as this, i thought (naively) i would be able to do this at the set aside.

 

so what does the word "fall" mean ive heard of fast and multi track in courts but never with the added 'fall' ?

 

so am i not entitled to ask next after the set aside for documents, CCA, statements etc.

so if not i will have to look at your suggestions further.

 

many thanks

[sarnie2109]

Atleast it's not just me that didn't ask for a next account!!

 

BBC NEWS | Business | Warning over 'secret' store card debts

[sarnie2109]

has anyone got any thoughts on how distance marketing regs affect me in this case, i openedthe account in nov 2005.

 

any other thougths would help as the clock is ticking and i only have til the 1st feb till the set aside hearing.

 

thank you evreyone