Debt Managers/restons claimform - old Next Store Card Debt

[GirlInTrouble]

Ok thank you

 

I'm not sure what you mean by "need to do one 100's".

 

Do you mean I should read and modify one of the many defences already on the forum ?

[dx100uk]

I would suspect this is a store card or a general 'credit' card regulated by the consumer credit act.

 

go do as post 17

 

might negate the need to do anything else bar defend as statute barred

dx

[AndyOrch]

Ok thank you

 

I'm not sure what you mean by "need to do one 100's".

 

Do you mean I should read and modify one of the many defences already on the forum ?

 

Yes....plenty of examples in the Legal Success forum......find a similar claim and adapt the defence to suit your particulars.

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

 

Andy

[GirlInTrouble]

In had a strange call with next today.

 

It was as though they wanted to disassociate themselves from me.

 

They couldn't find me on their system at any of my previous addresses, they couldn't find me by name , date of birth,email and phone.

 

When I was persistent that I know I have had an account in the passed they just said that it must have been removed from the system when it went over to collection's.

 

I'm sure there should be some sort of record left behind but they did not think so.

 

I think I'm going to call back tomorrow and see if another department cab find me . Although they did keep putting me on hold to ask other departments, managers...erc

Edited June 25, 2018 by dx100uk
Spacing

[dx100uk]

No go back and tell them

Under the fraud act

And

The data protection act

 

They MUST hold your data for 6yrs

Ask to speak to a supervisor

 

If they dont tell you then you tell them that as soon as you put the phone down

You will be raising a serious complaint against them with the information commissioners office and seeking financial compensation

 

If they def say they dont hold the data

Then its a very good pointer its sb'd

 

Id be filling our sb defence

 

That way its for the fleecers to prove its not

Not you to prove it IS

[GirlInTrouble]

That's what I would have thought.

You would think they would keep a record indefinitely to stop bad customers returning in the future.

 

I don't think I would go with a sb'd just in case.

 

I'm going to call again tomorrow as sometimes it depends on who picks up the phone on how successful a call is with a company.

[GirlInTrouble]

Next keep messing me around so I'm going to go ahead with my defence as I don't think I have much time.

 

I'm thinking of modifying this one:

 

The Defence:

 

The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1) Paragraph 1 is noted. I have had in the past an agreement with Shop Direct but do not recognise the account number referred to by the claimant. It is my understanding that all credit facilities provided by Shop Direct would be regulated and legislated under Credit Consumer Act 1974.

 

2) Paragraph 2 is denied. I have not received a Default Notice from the original creditor.

 

3) Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.

 

4) On 02/11/2016 I made a CCA Requesticon to the claimant I received a return to this on 17/11/2016 but the reply failed to show a complete breakdown upon how this balance of £1476.01 was reported.

 

6) The claimant is put to strict proof upon how this balance was accrued specifically with regard to items ordered and the amount of unlawful penalty fees.

 

7) The claimant has repeatedly failed to provide any proof of the alleged debt despite numerous attempts to request such proof and has never provided any documentation relating to what items were ordered or how the alleged balance due has been calculated.

 

8) The paperwork supplied by the claimant clearly states a credit limit of £1000, the remaining £476.01, if owed, would represent unlawful charges and unlawfully added sums of money.

 

9) The claimant falsely stated in their letter of 15/11/2016: As far as our client is concerned, the outstanding balance is due and owing and no verification of your liability to pay the outstanding balance is required.

 

10) It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Do you think this is a good one to modify or have you seen a more suitable one ?

[dx100uk]

what do you mean by they keep messing you around?

WHAT is happening?

do they hold the data or not?!?

[GirlInTrouble]

They keep telling me to hold for a manager to call me back but this never happens.

 

I'm giving up with them as I'm worried I'm going to run out of time to file my defence.

 

Will this defence be ok?

 

The Defence:

 

The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2) Paragraph 2 is denied. I have not received a Default Notice from the original creditor.

 

3) Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served.

 

4) On MY DATE I made a CCA Requesticon to the claimant, I received a response to this on MY DATE but it was just to falsely state that the claimant could not comply because of data protection .

 

6) The claimant is put to strict proof upon how this balance was accrued specifically with regard to items ordered and the amount of unlawful penalty fees.

 

7) The claimant has failed to provide any proof of the alleged debt despite attempts to request such proof and has never provided any documentation relating to what items were ordered or how the alleged balance due has been calculated.

 

10) It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

defence not due till/by 4pm FRIDAY

you have all week.

 

get the info from SD!!

threaten them with the ico etc

 

No go back and tell them

Under the fraud act

And

The data protection act

 

They MUST hold your data for 6yrs

Ask to speak to a supervisor

 

If they dont tell you then you tell them that as soon as you put the phone down

You will be raising a serious complaint against them with the information commissioners office and seeking financial compensation

 

don't ask to be put on hold get them to get a manager to the phone there and then!!

stop giving in be VERY FIRM with them

[GirlInTrouble]

Ok I'll try again.

But if I did need to file a complaint I would still need to go ahead with my defence as I wouldn't have time.

Does the defence i posted look ok ?

I could add everything else in a witness statement

[dx100uk]

the ICO will deal with it by phone.

 

we have better defences than that , can all be sorted and filed on line at MCOL in

concentrate on getting that last payment date

 

SB defence is far better to use.

[GirlInTrouble]

Good news is I've found a email statement from an old email account.

 

Bad news is the last one was dated 31/07/2012 so they just got in there .

[dx100uk]

does it state a payment date?

statement means nowt unless it shows you paid since 4th june 2012

[GirlInTrouble]

It was a "Thank you for your payment " email

[dx100uk]

but what date was the payment?

 

ok I cant see next taking 2mts to say thanks if it was before 4th june 2012 but you never know....

[GirlInTrouble]

The payment date is 31/07/2012.

 

It's like they knew they were running out of time.

 

Moving on....

 

Is there something I should add or remove to the defence i posted ?

[dx100uk]

use the search CAG box top red toolbar

 

claimform next store card

[GirlInTrouble]

I used this link posted by Andyorch

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

And the one I modified seemed to be the best I could find

Btw. Thank for all the help you've been giving me

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?478023-Cabot-claimform-old-next-store-card-debt

post 9

 

dx

[AndyOrch]

You must include their refusal and reason why they have failed to comply with your CCA request.....its the most powerful point of the holding defence.

 

Andy

[GirlInTrouble]

Thanks

 

 

Would this be ok or should it be worded better?

 

Particulars of claim for cross reference only

 

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

 

 

 

 

#####Defence######

 

 

 

1 The Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I do not recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14.

 

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

 

5. A request was made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied and to date nothing has been received.

 

6. On MY DATE I made a CCA Request to the claimant, I received a response to this on MY DATE but it was just to falsely state that the claimant could not comply because of data protection.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement and;

b) show how the Defendant has reached the amount claimed for and;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 

10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited July 2, 2018 by Andyorch
Particulars added

[AndyOrch]

There are no paragraphs 1 2 3 to respond to......there is no mention of a default notice to deny.

 

Andy

[GirlInTrouble]

So I should get rid of 1, 2 and 3 ?

 

 

If so this is going to be a very short defence...lol

[dx100uk]

post 7

https://www.consumeractiongroup.co.uk/forum/showthread.php?475262-Cabot-Restons-claimform-old-catalogue-debt

 

addin the CCA bit you have already as your existing point 6