Please help, Next are taking court action without cca agreement *** WON ***

[delbuk]

IMHO you should

 

dx

 

Isn't it too late now? The hearing is set and I have sent the docs already. Would I have to start a new claim? Should I treat it as a separate case? Sorry I keep asking, I'm useless with things like this.

[havinastella]

Isn't it too late now? The hearing is set and I have sent the docs already. Would I have to start a new claim? Should I treat it as a separate case? Sorry I keep asking, I'm useless with things like this.

 

Its never to late to reclaim the charges but you may have to start a seperate claim!

[delbuk]

I have had a copy of their documents which they are going to present in court next month.

 

Within the documents it basically says that I received goods off them online and I still owe them the money.

 

Also they have a witness, a litigation assistant.

 

They also say that they sent an unsigned credit agreement because such requests only refer to running-credit accounts, and because mine wasn't they don't have to send it to me.

[AndyOrch]

" They also say that they sent an unsigned credit agreement because such requests only refer to running-credit accounts, and because mine wasn't they don't have to send it to me."

 

Running and Fixed sections 77/78/79

[basa48]

They also say that they sent an unsigned credit agreement because such requests only refer to running-credit accounts, and because mine wasn't they don't have to send it to me.

 

BS!!

 

8 Consumer credit agreements

 

(1) A personal credit agreement is an agreement between an individual (“the debtor”) and any other person (“the creditor”) by which the creditor provides the debtor with credit of any amount.

 

(2) A consumer credit agreement is a personal credit agreement by which the creditor provides the debtor with credit not exceeding £25,000.

 

(3) A consumer credit agreement is a regulated agreement within the meaning of this Act if it is not an agreement (an “exempt agreement”) specified in or under section 16.

 

61 Signing of agreement

 

(1) A regulated agreement is not properly executed unless—

 

(a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and

 

(b) the document embodies all the terms of the agreement, other than implied terms,

 

127 Enforcement orders in cases of infringement

 

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

[delbuk]

Thank you for you replies.

 

I am quite stressed about this, I wonder whether they' ll let this actually go to court or they may give up.

 

If the judge in court asks me about me owing Next money, what do I say?

 

I haven't denied I owe them the money, but what can I say?

 

Do I just say that I am still waiting for my signed cca agreement?

 

I hope I don't have to say anything !

[dx100uk]

have you got all the statements.?

 

i'd get a charges spreadsheet done

 

how much do you owe?

 

and when did you last use [in/out] the account?

 

have you checked your CRA file too?

 

i hope this debt shows?

 

dx

[AndyOrch]

Thank you for you replies.

 

I am quite stressed about this, I wonder whether they' ll let this actually go to court or they may give up.

 

If the judge in court asks me about me owing Next money, what do I say?

 

I haven't denied I owe them the money, but what can I say?

 

Do I just say that I am still waiting for my signed cca agreement? Yes and also state what they said about fixed credit to the DJ

 

I hope I don't have to say anything !

 

Andy

[delbuk]

No I haven't got the statements,

mainly because they didn't send me my agreement

so I thought that would be enough.

 

I have not asked for their charges because I didn't have that many.

I owe them about £700.

 

I last used the account about 2 years ago,

and had been paying ever since to clear it, but because I was late 7 days, they took it to court.

 

I have not checked my CRA account, what happens if this shows?

 

What do I do then?

[delbuk]

I have just checked my credit report, and Next is there as defaulted account 2012. What do I do now?

[dx100uk]

i'm really surprised they 'just' took it

to court for being 7 days late!

 

just as a side issue, i hope Next is named as the claimant

 

if its cohen, an NEXT are shown on the CRA file as the owner...

then i thought only the owner of a debt could take you to court.?

 

dx

[delbuk]

I am quite sure I wasn't sent a default notice.

 

I was however on a payment arrangement scheme,

and when I contacted Next and pleaded with them to take my payment,

they said that my account had been transferred to Lewis Collection Agency,

and then I received a letter from Howard Cohen and co,

a notice of pending legal action, unless I paid them the whole amount.

 

Then I asked them for my cca and I am still waiting.

 

Next is named as the claimant

[dx100uk]

ok that expains it then

 

you were on a payment plan

so they'd not been getting the minimum for a while anyhow.

 

was this a fee paying DMP or one of your own?

 

dx

[delbuk]

I contacted Next and arranged to pay £60 a month, until I cleared it.

[delbuk]

and I had been making payments until I was late with one in January

[42man]

I'm sorry to come into this thread so late, but I think that Next (online) set up a credit account for those who ordered items from their catalogue. This is just my opinion, but it seems the mistake Next made is that people didn't sign any agreements at the time and before 2004 you needed a 'signature' on an agreement - http://www.consumeractiongroup.co.uk/forum/showthread.php?152384#post1618550

 

So what I am saying is that they turned people's next accounts into credit accounts and if it was done over the internet, then they made the mistake of not getting people to sign any agreement, and as you can see from the above link - "The Consumer Credit Act 1974 (Electronic Communications) Order 2004 came into force in December 2004 any online agreements entered into prior to this date still need a signed executed credit agreement.

Electronic signatures weren't considered valid until this date."

 

Bearing this in mind I think this should be one of your defending options....

 

You should also read this thread but be cautious as it is quite old - http://www.consumeractiongroup.co.uk/forum/showthread.php?200505-Tactics-for-dealing-with-Next-Directory-Court-claims

[delbuk]

Today was the day!!!! Let me just say that I WON !!!!!!!!!!! Next's claim was struck out!!!! The words are still echoing in my ears. I had been so worried and I hadn't been able to sleep well. Today I went into court hoping things would go my way, but I thought seeing as it's me things will DEFINITELY go wrong.

 

The judge asked me why I thought asking for my CCA would help. So I said that in the unsigned one they had sent me, it said that according with the credit act of 74, I have rights. The judge then asked them, since my defence was that I hadn't received my CCA, where it was.

 

They said they don't keep them after 6 years (pathetic excuse, I know) but that I had signed one (NEVER),and they knew the date too, and although it was numbered as an exhibit as well, it was nowhere to be seen.

 

So then the judge told them that it was up to them to prove I had signed the agreement, and owe them the money. The judge then asked me whether I denied the debt. I said no, because I had been making payments every month, but when I was 7 days late, I called to make payment and they said no. The judge looked baffled that they refused a payment!

 

So I said Next escalated things to a court claim and I asked for my CCA, which I was still waiting for. I think the judge was annoyed, because they are trained solicitors, and they were trying to pull a fast one when they should know better.

 

What kind of idiots are they? They tried to intimidate me right from the start and I nearly gave up many a time!!! I want to say special thanks to everybody that answered my queries, especially andyorch, and the website for all their threads!!! Now the moral of the story is that if Next had allowed me to make that payment six months ago, they would still be getting their money today, but because they were greedy and unwilling to cooperate, they LOST it all!!!! So, again, THANK YOU, and to other co-sufferers, DON'T GIVE UP!!!!!!

 

 

All this happened while I was wearing my store bought Next top for good luck. ha ha ha

Edited July 6, 2012 by citizenB
formatted for easier reading

[42man]

A great result...very well done indeed !!

[delbuk]

A great result...very well done indeed !!

 

Thank you, I still can't believe it myself. Now I'll just have to make sure they remove the debt from my credit report, unless of course they do it themselves now.

[MrHat]

Well done

[citizenB]

Excellent news.

 

Interesting that they say they dont keep legal documents prior to 6 years - they are actually obliged to do so in respect of money laundering and tax laws.

 

I can understand statements being shredded after 6 years.... but the actuall agreement and without even storing it on microfiche first.. oops !!!

[AndyOrch]

Delighted delbuk

 

What did I tell you no CCA no enforcement.

 

Well done for standing your corner.

 

Regards

 

Andy

[havinastella]

I hope you asked for costs!

[delbuk]

I hope you asked for costs!

 

what do you mean? If you mean court costs, it was Next that paid because they started the claim

[dx100uk]

hehe

 

i'd be cheeky and reclaim the PENALTY fees now!!

 

rub their noses in it!!

 

well done!!

 

 

dx