Debt Managers/Restons claimform - Old Next CAT debt

[Gwolst77]

Name of the Claimant ? Debt Managers Services (Solihull)

 

Date of issue – 04 October 2017

 

What is the claim for –

1.The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Next Directory dated on or about Jul XX 2010 and assigned to the Claimant on July XX 2016

 

Particulars a/c no - XXXXXXXXX

 

Date Item Value

XX/09/2017 default balance £1250 (this figure is rounded up)

 

Post Refrl Cr NIL

 

What is the value of the claim? - £1250

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? – Catalogue (Next Directory)

 

When did you enter into the original agreement before or after 2007? – 2010, however I need to check that as I believe we had an account before 2007. But to keep things simple let’s use the 2010 as the date.

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. – Debt Managers

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? - Not sure we did receive a letter stating that debt had been purchased by debt managers through the post last month

 

Did you receive a Default Notice from the original creditor? - We don't believe so as we had moved abroad, and we had all mail forwarded.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - We don't think so

Why did you cease payments? – September 2012

 

What was the date of your last payment? - September 2012

 

Was there a dispute with the original creditor that remains unresolved? - No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan - No

Hi

 

Got another claim issued from Rectums, this time for an Next online account.

 

So far so good with my previous dealings with them, I've heard nothing back since submitting my defence to the court.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?479648-Arrows-Restons-Claimform-OHs-old-cat-debt

 

I assume the approach is the same, Defend All on the MCOL website, CCA to DMS and CPR to Rectums?

 

The only real difference between this and my previous dealings with Rectums is this CCA will probably be after 2007, so I need to quiz the partner when it was actually setup as it is their account not mine (could have sworn we had the account before 2007).

 

Claim Details

[dx100uk]

ok all good

yep exactly the same MO.

take date could be the key here

[AndyOrch]

All claims issued from 1st October will have a different approach re the defence because of the following........

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017(1-Viewing)-nbsp

 

Please dont use the standard holding defence.

 

Regards

 

Andy

[ericsbrother]

OP, did you get the new format LBC/LBA? If not then that will be a stick to hit them with. Your vagueness on the documents received arent helpful, have a good look for paperwork before posting a defence

[Gwolst77]

Got this replay from Rectums today regarding the CPR request

 

Next steps???

 

PDF attached

Restons and DMS CPR reply.pdf

[dx100uk]

std reply rectums give to every CPR request

if you go read other rectum claimform threads,.....

 

 

don't miss defence date

[Gwolst77]

I did all the steps and the claim was stayed.

 

I then received the attached PDF late last week, it's a photocopy of the signed CCA, an account dump of transactions and the notice of assignments.

 

Now that they have proved ownership of the account (and the CCA was signed in October 2014) am I right in now assuming it's time to go back with repayment proposals?

 

I was thinking of offering a full and final settlement figure at 75% of the total amount outstanding.

Restons - Next CPR.pdf

[AndyOrch]

Upload what they have sent...redacted

 

Andy

[Gwolst77]

Not sure what you mean by you post sorry

 

Nothing is redacted in what they sent, I removed any personal information from the covering letter.

 

But I have recieved

 

1 page of the signed CCA (photocopy but the signature looks correct)

multiple pages of the account transaction history

Copy of the NOA from Next

Copy of the NOA from DMA

[AndyOrch]

So are you going to upload them for opinion ?

[Gwolst77]

Sure, I won't bother with account transaction history dump has it's just dates of payment dates and what was ordered etc, and is over 10 pages long (and everything looks in order)

docs1.pdf

[Gwolst77]

No T & C's am afraid that's all I have received.

[AndyOrch]

What a load of tat.........the agreement is illegible and incomplete..the Notice of assignment is possibly okay...not sure what the other docs are supposed to be...so ignore their 14 days and let them make application to lift the stay.

 

 

Andy

[Gwolst77]

Thanks Andy, it does seem they are waiting for me to admit to the debt and come forward with some sort of offer of payment.

So I will keep stum for now until I have to respond.

 

If they do lift the stay, at a high level what are the next steps for me?

[AndyOrch]

You challenge their application and submit a witness statement in response with your objections.....a few I have listed above for starters.

[dx100uk]

docs merged thread tidied