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Debt Managers/restons claimform - old Next Store Card Debt

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Hello everyone

 

I'm using my phone to post this so I'll keep it short foe now and update it in more detail when I can get on a computer.

 

A couple of days a go I recived a claim form from the courts.

 

It says:

 

Claimant = Debt Managers (services) LTD.

Solicitors = Restons Solicitors Limited.

 

Particulars of claim:

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 Aug 23 2008 and assigned to the claimant on Jun 09 2016.

 

PARTICULARS a/c no - *******

 

DATE: 19/04/2018

 

ITEM: Default Balance

VALUE: 182.53

Post Refrl NIL

TOTAL: 182.53

 

after all the legal costs and court fees it works out they want about £250.

 

I really can't remember this debt and have even looked back through old emails...etc.

 

It's also quite low value so I would have just paid it if i was aware that I owed it.

I just don't want to pay something i don't owe.

 

from reading around it seems my next steps should be to respond to the claim form online and then use the templates on this forum to send a CCA to Debt Managers (services) LTD and a CPR 31:14 to Restons Solicitors Limited.

 

Is this correct?

 

Also has anyone else had any experience with these people ?

 

Thank for any help given

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Thanks

 

That thread is confusing on page 1 but made more sense on page two.

 

What does the term PAP mean?

 

Ok ill fill that in as soon as I can get to a computer as it will be difficult on my phone.

 

But I think most of what's needed is in my original post.

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Name of the Claimant ? Debt Managers (Services) LTD

 

Date of issue – 04 JUN 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 Aug 23 2008 and assigned to the claimant on Jun 09 2016.

2.Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I don't think so.

 

What is the value of the claim? £257.53 but this includes £25 court fees and £50 legal representative's costs.

 

Is the claim for - catalogue i think.[next was a store catalogue credit card]

When did you enter into the original agreement before or after 2007? After, according to the claim form it was entered in to on Aug 23 2008.

 

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 purchaser i think.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, but i do remember receiving a letter a while back but as i didn't recognise the company it just went in the bin.

 

Did you receive a Default Notice from the original creditor? same as above.

 

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

 

Why did you cease payments? i didn't think i did. with such a low value i would have just paid it if i owed it.

 

What was the date of your last payment? i don't know as i didn't know i owed anything.

 

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 if i knew or thought i owed the money then i would have paid it in full.

Edited by dx100uk
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We asked your last payment date..not if you knew you owed or not..so when was that please?


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go get her credit file please

 

next was a in Store credit card ...a store card that could only be used in a few certain places.

 

bit the old M+S card

.

it was a store card, later it was converted to a credit card....interesting articles about those here


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Since my last post I have looked at my credit reports from all three credit reference agencies and I can't find anything on them for next.

 

The strange thing is that my partner says we did have a next account but we always paid it in full and then stopped using it. So really there should have been "something on my report".

 

At a guess I'm thinking that maybe we returned an item and it was never taken off of my account and so looks like we owe them money.

but then this is just a guess.

 

I have now sent them a CCA and CPR requests and I'll acknowledge the claim on the courts website this evening

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How long do they have to reply to CCA/CPR requests?

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CCA 12+ 2 days service

 

CPR no requirement..its a civil request

 

Andy


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If a debt was defaulted more than 6yrs ago

The account is removed on the default s 6th birthday never to return


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CCA 12+ 2 days service

 

CPR no requirement..its a civil request

 

Andy

 

 

Ok thank you

 

 

If a debt was defaulted more than 6yrs ago

The account is removed on the default s 6th birthday never to return

 

 

The problem is I have no way of knowing the default date or even if there is one.

 

 

I've received a letter from Restons today and I really don't know where to go with it as I've been doing a lot of studying on this forum and I've not seen a letter like this ever posted on here.

 

 

I've attached it to this post so if anyone has any thoughts then please let me know.

scan1.pdf

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its the std letter they send to every cpr 31;14 request!

ignore it.

 

why cant you go ring next and ask the defaulted date?


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I didn't think the debt would still be with them but I guess it's worth a shot.

 

So is it the CCA request that's important?

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did you not read the cca request you sent.?

its a legal requirement under the consumer credit act

cpr is a request

 

as post 9

 

the oc must hold data for 6yrs

regardless


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not being funny but unless you've read threads here whilst not logged in

you've not read ONE other relevant thread???

 

cag is self help too


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I use my mobile a lot if the time that does not automatically log me in.

 

I've just received this letter from the CCA request.

 

Do you think they are trying to delay things or should in have added all the addresses I've lived at to the CCA request I sent in?

SCAN2.pdf

Edited by dx100uk
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their problem not yours

they shouldn't be litigating hoping for a non contested default judgement where no human sees it.

 

you don't want them to reply anyway.

 

why don't you ring next on monday morning and ask last payment date...


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I completely forgot about calling next, I'll do that on Monday.

 

I should just ignore this letter?

 

The way the letter is worded it's like they can't comply with the CCA for data protection and that I've done something wrong by not providing all my previous addresses.

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As post 17


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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it's up- to them to prove you owe something, not for you to give them details they don't have.


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Well they issued a court claim against you using your current address...so if it was good enough for the claim it should be valid for a CCA request...they are using the DPA to delay it...its irrelevant.... they had 12+2 days to legally respond so they can put it hold for as long as they wish...they are in default.

 

Dont respond..will come in handy for your defence.


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Thank you everyone

 

So this letter wouldn't class as them responding?

 

I thought that with all these new data protection laws that maybe they count comply with the CCA unless I provided the information they are asking for.

 

So I should just ignore this letter and add a non compliance to my defence if I need to do one.

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you will need to do one 100's here already


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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CCA requests are unaffected by the DPA and GDPR


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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you DO NOT await the return of any paperwork.

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


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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