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    • It's a GR Yaris - Finance is with Alphera, who are part of BMW I believe. I'm sure the unit is very expensive to repair, I have even told them I would be happy with a refurbished/reconditioned unit, in trying to be reasonable as well.
    • Without seeing this envelope, document and sticker it is impossible to advise properly. However, just going on what you have told us, there are two ways you can deal with this: !. The easy way. This has the lowest risk but the guarantee of a penalty for speeding.  You can respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box you can explain that you responded to the request for driver’s details but it was recently returned to you, seemingly not actioned. However, you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. You could also ask the court to consider sentencing you at the fixed penalty level (£100 and 3 points) as this prosecution seems to be the result of an administrative problem outside your control. 2. The not so easy way with higher risk. This could see you convicted of the FtP charge but has the possibility that you escape with no penalty whatsoever. You can do the same – plead not guilty to both charges. You can mention in the “Reasons” box that you returned the request for driver’s details as required. If you go down this route the speeding charge cannot succeed as they have no evidence you were driving. This comes from your response to the request for driver’s details which the police say they have not got. You will then face a trial for the FtP charge and you can produced your response together with the envelope and sticker showing it had been returned to you. The risk with this is that if your defence fails you will be fined a week and a half’s net income, pay a “Victim Surcharge” of 40% of the fine, pay prosecution costs of around £650 and have six points together with an endorsement code (MS90) which will see your insurance premiums rocket.  
    • Probably very expensive to replace what car and model who is your finance with ?   Andy
    • Topic moved to Financial legal Issues forum in view of the claim form. Topic title updated Please continue to post here, Andy   .
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Lewis Group for Next Directory


Hayley1210
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Hello,

I have a next directory account to which I am making lower repayments at present,

 

next are reluctantly agreeing this on a monthly basis.

 

However, today in the post, they have written saying that they have no signed credit agreement

and have enclosed one for me to sign and return.

 

My only question really is should I sign this and send back and what are the consequences if I don't??

 

Thank you for any advice offered,

Hayley

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is this a new agreement for the new, lower payments? I suspect it is.

 

As above - do not sign.

 

But do not assume that they do not have a copy of the original - you need to submit a CCA request to find that out. Which is exactly what I would do at this point.

 

Even if they are asking you to sign the original agreement, being legally in default of a CCA request will sharpen their minds and strengthen your position.

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There have been several threads about Next and their antics over the last few years. Basically they failed to get people to sign agreements when they opened their accounts and they have then attempted to get people to sign agreements much later when they realise their mistake or the account goes bad.

 

They tried the same thing with my partner a few years ago even though her account was in order, see this thread started 2007; http://www.consumeractiongroup.co.uk/forum/showthread.php?120119-WARNING-quot-Next-Directory-quot-trying-to-pull-a-sly-one&highlight=

 

I don't think I'd waste the time and money CCA'ing them when they've already stated in writing to you that they do not hold any written agreement, that's their tough sh1t. Just keep that letter safe for future use.

 

It's now up to you to decide how much you pay them, or whether you pay them anything at all.

 

Rob

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  • 4 months later...

Hello,

 

My accou t was created over the internet a good six or seven years ago.

 

I ran into payment difficulties last year following the birth of my very poorly baby and was not able to return to work after my maternity leave.

 

My income was therefore greatly reduced and continues to be.

next would not accept my payments as per an income and exlpenditure form submitted to all my creditors.

 

I owe £888, increased a lot since last year due to charges/interest etc.

 

In October, next wrote to me saying they had no signed credit agreement on my file and asked me to sign and return the enclosed one, which I didn't do,

and which prompted a few responses on here.

 

Since this time, they have continued to refuse payments offered although I have payed £1 a month to the account by standing order.

 

over last few days I've had mobile calls from Lewis Group and today a lovely letter decorated in red ink stating Final Demand,

 

I've basically got 7 days in which to pay otherwise legal action will be commenced.

 

I did write back to next when they admitted not having a cca, but no response was received.

 

In light of the fact that they don't hold a cca

 

can I be sued in a court as this would suggest to be the next step by Lewis Group?

 

I Intend to reply by letter to them tomorrow, but any pointers in the right direction would be greatly received.

Thank you so much.....Hayley

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read the letter properly is does not say they WILL

 

check you cra file

 

lets see what the real picture is

 

and how about getting all those PENALTY charges & PPI? back too?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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