debt managers/Restons claimform - next store card debt

[dx100uk]

link at the bottom of post 20

 

keep us informed

[odt251]

I sent the CPR and CCA requests off, received restons standard template reply - 'you've already had the documents, we're not sending them again, etc' - and I received a reply from dms saying they have passed it on to next. I have not heard anything from next as yet.

 

As the 33 days is up on Monday I have prepared my defence, assuming that the cca from next will not arrive in the next couple of days, which I will be submitting on sunday as I will have no access after then:

 

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. I have in the past had an agreement with Next Directory but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

 

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

 

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

 

5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.

 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.

 

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.

 

How does it look?

[dx100uk]

2. financial dealing ...not an agreement.

 

3. by the claimant nor the original creditor

 

6, they don't have to comply to a cpr..its a REQUEST. put respond

[odt251]

I sent the cca letter from here, to debt managers, was that right?

 

I will change those, thank you

[dx100uk]

yea I saw you said that was on a tiny screen removed now

[odt251]

Ah ok, thanks

[odt251]

To update:

 

Still no response to the CCA request from DMS or Next.

 

I got Restons template response as seen on other threads (I can scan this up if it helps) - a/c no., date opened etc, 'check your records as you've been sent everything', your defence has no prospect of succeeding etc. They say they are not aware of a CCA request and want me to provide evidence! Had to chuckle at that one!

 

 

My intention is to ignore this letter.

 

 

I checked MCOL and it says defence was received on 20/8, also got a letter saying they have 28 days to proceed or it will be stayed. Does that mean today is the last day for them to proceed?

[dx100uk]

28 days from 20/08.

 

else it get s stayed and they will have to pay out more fees to lift the stay.

 

there are quite a few of these NEXT claimform threads here

go read them

 

use the search CAG box of the top red toolbar

 

next claimform