cabot/restons claimform - Next store card debt

[linz17]

Name of the Claimant ? Debt Managers Services Ltd

 

Date of issue – 4th June 2018

 

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 29Jun 1991 and assigned to the Claimant on July 9 2016

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Restons sent a PAP on 4th May 2018

 

What is the value of the claim? £1718.70 & legal fees of £80.00 total £1903.70

 

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

 

When did you enter into the original agreement before or after 2007? before 2007 about 2002

 

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. Assigned to Debt Purchaser who has issued the claim(not the original debt purchaser who was Moorcroft.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? possibly i contacted Next as I has been medically retired

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? Medical retirement and State Pension did not come into force when I reached 60

What was the date of your last payment? no later than 2009

Was there a dispute with the original creditor that remains unresolved? Yes, no forthomin CCA Next informed me that they did not have a CCA as one had nt been completed at time of card issue and they said they would send me one for completion. Did not complete hence I know no genuine one exists

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? requested CCa and when told not available I did not send further payments

Edited June 7, 2018 by dx100uk
edited

[dx100uk]

so which is right

1991 take out in the POC

or you guess at 2002?

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[dx100uk]

threads merged please keep to one thread

 

dx

[dx100uk]

follow post 29

[linz17]

so which is right

1991 take out in the POC

or you guess at 2002?

 

Where 1991 came from I have no idea, they have no paperwork and I certainly was in no place to take a store card out as I wa recovering from a kidney removal, so it has to be early 2002

When I tried to log in using the password it was unrecognisable on the court site, 'incorrect'so now I;ve sent off the defence no claim paperwork, is this incorrect will they not use it?I cannot log into the site using the claim number & password

[dx100uk]

have yo follow post 29 top regarding MCOL?

 

I;ve sent off the defence no claim paperwork???

 

what did you return 9a form?

[linz17]

I will follow post 29 & will try to login again, I could not reach their helpdesk, constantly engaged - does this mean that although I have sent in the hard copy of the order & my defence as it is NOT online will it be ignored?.

Thank you so much for your help & advice.

[dx100uk]

you can file online too

what did you put as your defence?

[linz17]

I meant to say that I have returned the form disputing the claim in full. I meant that Restons have no paperwork because the date 1991 is a total fabrication/guess.

I sent in the Acknowledgement of Service & the defence details.

[dx100uk]

what defence details?

[linz17]

Refusal to send a copy of the CCA. I also sent a copy of the letter in which Restons state they will not supply a copy of the CCA. I read a response to me that implied the refusal of aC CA was incorrect and Restons had included this as their 'own interpretation in letters.

[dx100uk]

oh you mean restons PAP reply yea its CPAP... as post 10.

 

ok

[linz17]

The last payment was in 2009, I have found additional letter from Next prior to them handing over the debt to Moorcroft, since then it has done the rounds to various debt companies.

I heard nothing for about 4 years then it resurfaced, nothing again until I started to post when Cabot was handling it, then nothing until Restons took over in May.

[dx100uk]

Then you file our sb defence end of the claim!!

[linz17]

Many thanks - but the Defence/dispute claim I have already submitted to the 'Court' indicates time scale/lack of CCA/ will this be sufficient? will it be better to await the outcome? I am so so angry that Restons have tried this on, without real warning & aware that it is SB, also not I am not being flippant, it is not exactly for thousands of ££££'s!

[dx100uk]

You said you had returned the form [aos] not filed a defence yet..so which is it please!?!

[linz17]

I completed the dispute claim totally and returned that form.

 

I also typed a resume of the answers only of post 25.

 

In addition I sent a copy of the letter sent to Restons requesting a CCA and noted that one had not been received by me.

 

I also sent a copy of the form referred to in post 6. from Restons.

 

So in addition to these docs.

 

I submitted a defence to the effect that no CCA had ever been shown to me and the timeline from the date of so called agreement to now was many years and incorrect. I have had no contact with Restons, just the issuing Court.

[dx100uk]

have you still got the N1?

[linz17]

I only completed the N9B defence form & sent it in to the court..

I have retained the N9A (admission form as it does not apply)

and have the N1SDT form header letter, addressed from the County Court Business Centre setting out the details that Restons have supplied, ie . date 20/4/18 item: Default Balance 1718.70 Post refl balance nil total 1718.70.

[dx100uk]

brilliant

 

ok follow this:

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

 

if AOS is already done

go back to the the section that lets you file a defence

 

and copy and paste this in

adding your details.

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

 

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

 

click through to the end hit yes or confirm as necessary as you go.

 

if it lets you do it comeback here we've one final step

but lets see if it works

sometimes it does after using the one of the N9 forms sometimes it doesn't

 

dx

[linz17]

Have accessed the MCOL but it will not allow an input the application says defence received 11/6/18 I have tried all ways to register a defence using the Gateway number but I cannot type anything in any boxes ??

[dx100uk]

Ok they locked it as they got you paper defence

Easy to remedy ill find the correct email later

[Old Cogger]

Claim responses & directions: [email protected]

[AndyOrch]

As you have already submitted the N9b...you cant submit a further defence.

 

 

Andy