Urgent!!! Please Help!

[rory32]

Have to agree, my dealing with recorded delivery of late have been fairly poor. I got recorded delivery correspondence from Egg and MBNA this week - both of which were just put through my letterbox (I was in at the time).

[monopoly23]

Its ridiculous isn't it? What's the point in offering a service if your staff can't even be bothered? (no offence to any RM staff that CAN be bothered) lol. Total waste of money most of the time

[Josie8]

Aarrgh! I've just been to MCOL and if I want to acknowledge, I have to say whether Im defending the whole claim or just part of it!

I can't defend the whole lot until I find out if there's a CCA can I?

And if I defend part of it, then I'm admitting the debt!

 

What shall I do? Just leave it for now?

Day of service is 4th so that means I have until 18th to defend or admit.

The thing is, they have 12 days from today or 12 working days to provide the CCA which in either case, is longer than I have to respond.

 

 

I would suggest writing Next this letter (courtesy of laiste)

Address

Miss

XXXXX

XXXXX

XXXXX

 

 

11th June 2007

 

Claim Number: XXX XXXXX

Account Number: XXXX XXXX XXXX XXXX

 

 

Dear Sir/Madam

 

I have received the Court claim filed by your company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the 21st June 2007, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an order enforcing your compliance will be sought.

 

The following information is required:-

 

I hereby request all data that Next hold on me from all relevant filing systems, to include a complete list of all transactions and charges on my account formerly held with Next. I also require a transcript of all recorded phone calls pertinent to this account and all notes made in relation to those calls.

 

Additionally, where there has been any event in my accounthistory over this period which has required manual intervention by any member of Next, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account held with Next.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

A true copy of the original signed agreement between Next and myself.

 

Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

A true copy of any Default Notice issued in respect of this account.

 

I look forward to your co-operation in this matter and receiving the documentation by the 21st June 2007.

 

Additionally, as the information requested contains sensitive personal details, I expect it to be sent by guaranteed next day delivery, to ensure its safe arrival.

 

 

 

 

Yours faithfully,

 

 

 

Miss XXXXX

 

 

I would also send a copy of the letter to their solicitors (by fax would be sufficient).

 

 

Even if they actually manage to produce a true executed copy of the credit agreement (Not an application form) which is unlikely and the court find against you the judge will only make an order for payment on a schedule you can afford so don't panic........but its a long way off.

 

Good luck

[monopoly23]

I didnt think you could make another request for the CCA so soon?

[me_n_my_kids]

i think that only applies if they received your first request. if they use excuse that its a 2nd request it means they got first, meaning first deadline applies, and they are in default. its a win win, for you, not them lol

[calm1]

I am so pleased by the responses that you have had from other people - they are right - keep on going girlsie - it will be ok if you follow their advice!

[monopoly23]

i think that only applies if they received your first request. if they use excuse that its a 2nd request it means they got first, meaning first deadline applies, and they are in default. its a win win, for you, not them lol

 

Hi I know what you mean, but I was on about the fact that I CCA'd their solicitors on the 8th.

[rory32]

You could just reference it to your previous request. Something along the lines of:

 

Please supply me with a true copy of the original signed agreement between Next and myself as originally requested in my letter dated 7th June, received 8th June, to your solicitors.

This way you're not actually making a new request you're just reinforcing your previous request to Next's solicitors.

[Josie8]

You could just reference it to your previous request. Something along the lines of:

 

Please supply me with a true copy of the original signed agreement between Next and myself as originally requested in my letter dated 7th June, received 8th June, to your solicitors.

 

 

This way you're not actually making a new request you're just reinforcing your previous request to Next's solicitors.

 

 

Yes just add that section in - the whole point now is that it is part of the CPR for court proceedings and if they don't produce they've got a major problem as they will have to explain the reason to the court. They should already have it in their court file prior to issuing court proceedings.

 

With the letter you sent to the solicitor they can delay for up to 47 days before sending it to you and still comply - this way they have 10 days - and you haven't had to send them any esxtra money ......but make sure you fax their solicitors with a copy of what you've sent them !

 

Keep your chin up - I'll be very suprised if they can produce the true copy of the executed agreement and without that their case should be thrown out.

[monopoly23]

Hi everyone. Thanks for your input. Ive copied the letter further up the post, added the dates I sent a CCA to the solicitor and generally just tweaked bits around.

If I send this to Next though, wont they just forward it to their solicitors? I dont know anything about the civil procedure rules either. I thought if they had to manually dig files out of old boxes they were allowed more than 10 days? I dont know

Also I dont know the account number to put at the top, and there's loads of references to 'my account'. Wont this be seen as me acknowledging the debt if it's later produced in court, even if there's no CCA? I'm soo confused.

This is well scary I'm bricking it lol

[monopoly23]

Also, should I put the old address on as I dont know the account number? And wouldn't they think that me enforcing the request after only 3 days as a bit premature?

 

Please advise because I don't have a clue about a lot of this. I think my brains may just spill out of my ears before long

[Josie8]

Hi everyone. Thanks for your input. Ive copied the letter further up the post, added the dates I sent a CCA to the solicitor and generally just tweaked bits around.

If I send this to Next though, wont they just forward it to their solicitors? I dont know anything about the civil procedure rules either. I thought if they had to manually dig files out of old boxes they were allowed more than 10 days? I dont know

Also I dont know the account number to put at the top, and there's loads of references to 'my account'. Wont this be seen as me acknowledging the debt if it's later produced in court, even if there's no CCA? I'm soo confused.

This is well scary I'm bricking it lol

 

 

Send it to Next and fax a copy to their solicitors. Next are the providers of the information not the solicitors. They should already have it in their court file in order to prove you owe the money - so it shouldn't be a case of them having to dig around in old files.

 

As to admitting the debt by using the word account - valid point - so If you feel happier put the word alleged in front i.e. - alleged account-.

 

As to no account number what did you use in your original request to them? If no account number at all then your name address and court claim no will be sufficient for them to identify you.

 

The whole point is that if they can't produce the CCA the court will have to throw their claim out. & by using CPR procedures they can't string it out past the court hearing.

 

Don't panic

 

Good luck

[monopoly23]

Hi Josie. Thanks for pointing out that I must have had the acc no when sending the original CCA request-Ive looked back at my copy and found it! I re-checked the bill and it's on there too lol. I must have just missed it. Its not really in a highly visible place though.

 

I will amend the letter and post it up here. Hopefully someone can point out any mistakes to me before I send it off.

[monopoly23]

My Address

Next Retail Limited

R/O Desford Road

Enderby

Leicester

LE19 4AT

11th June 2007

 

Claim Number: XXX XXXXX

Account Number: XX XXXXXX

 

 

Dear Sir/Madam

 

I have received the Court claim filed by your company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the 21st June 2007, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an order enforcing your compliance will be sought.

 

The following information is required:-

A true copy of an original signed agreement between Next and myself, as originally requested in my letter to your solicitors sent 07/06/07, and received 08/06/07.

A true copy of any Default Notice issued in respect of this account, with some form of proof of postage that it was served with proper notice before this claim was filed.

All data that Next hold on me from all relevant filing systems, to include a complete list of all transactions and charges on the account held with Next. I also require a transcript of all recorded phone calls pertinent to this account and all notes made in relation to those calls.

 

Additionally, where there has been any event in the account history which has required manual intervention by any member of Next, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to this account.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

I look forward to your co-operation in this matter and receiving the documentation by the 21st June 2007.

 

Additionally, as the information requested contains sensitive personal details, I expect it to be sent by guaranteed next day delivery, to ensure its safe arrival.

 

I have provided my new address at the top of this letter, and my previous address at the bottom.

Yours faithfully,

 

Monopoly23

Previous address:

My old address

[monopoly23]

Also, should I send this to the address at the top of the letter? I think that's the registered address.

Any opinions on the letter are welcome.

[rory32]

Also, should I send this to the address at the top of the letter? I think that's the registered address.

 

Yes that's their registered address so it's the one I would send it to.

 

Letter looks fine.

[Josie8]

Yes its ok. Send it to the Registered Address

[monopoly23]

Thanks both of you. I keep trying to click your scales some more but it wont let me!!

Im off to tesco's now so I'll print it off and get it posted on the way. I think I'll use special delivery too knowing RM.

 

Thanks for all your help and input

[tomterm8]

LOL, i think I've been mentioned. i see you have at least two lawyers posting, so all I'm going to do is ask some basic questions:

 

1. Have you Acknowledged Service.

2. Have you called the court, and asked when the defense & counter claim is due.

 

BTW... relax. Deep breath. Now for the questions regarding the case:

 

3. Do you remember if the amount of the loan was repayable in installments, if so... how many, what interest rate, over what period?

 

4. What previous letters have you had on the matter? I.e. notice of legal action etc.

[monopoly23]

Hi tomterm.

1. I have acknowledged service on MCOL

2. I haven't called the court. I didn't know I had to. I thought you just filed your defence 28 days from when the claim was served.

3. It wasn't a loan, it's Next catalogue. I think the minimum is 5% of the balance or something like that. I don't know the interest rate either. Waiting for CCA results.

4. The last letter we had was in February asking for £61.74 on a balance of £236.33. This included a service charge of £4.49, a late payment fee of £5, and £3.75 for the new catalogue which they automatically send you 4 times a year. It probably included the previous payment we missed too.

No LBA, no final demand and no default notice. Aboslutely nothing.

 

5. Who is the other lawyer?? I know about Laiste....

[tomterm8]

Hi tomterm.

2. I haven't called the court. I didn't know I had to. I thought you just filed your defence 28 days from when the claim was served.

It's best to check the dates, because the claim is not served on the day you recieve it, and odd holidays you never think about can affect it.

3. It wasn't a loan, it's Next catalogue. I think the minimum is 5% of the balance or something like that. I don't know the interest rate either. Waiting for CCA results.

cool. So it is a credit agreement regulated by CCA 1974.

4. The last letter we had was in February asking for £61.74 on a balance of £236.33. This included a service charge of £4.49, a late payment fee of £5, and £3.75 for the new catalogue which they automatically send you 4 times a year. It probably included the previous payment we missed too.

No LBA, no final demand and no default notice. Aboslutely nothing.

 

5. Who is the other lawyer?? I know about Laiste.... sequenci vbmenu_register("postmenu_891715", true);

..

 

If they haven't sent you a default notice, they have made a pretty fundamental procedural mistake... as i understand it, they are not entitled to sue you. You can consider a counter claim based on repudiation of contract, as well as the normal charge arguments etc.

[monopoly23]

Right so I should call Northampton in the morning? I added 5 days to the issue date and that gave me 4th June as served date. Will ring and check though anyway.

 

They never sent anything at all. No warning of any action or default. I thought you had to miss 8 payments to default? We had missed 4 at the time the claim was filed.(I think!)

 

I wouldn't mind claiming everything I can from these, not for money, but just to dirty their name. The amount of stress that hits you when out of the blue, with no kind of warning, a court claim hits your doorstep, is awful. Esp when you cant afford to pay, or even have the money within 14 days.

 

I had no idea sequenci is a lawyer!

 

From what I've read on other threads, it looks like I may be able to get it struck out as their POC is a disgrace. And from solicitors too. I think I could have done a better job-I'd have at least mentioned an account number!

I'm waiting on Laiste to get back to me really. I know she must be knackered after already doing this all day long. I know it'd do my head in! She's going to come back and read the whole thread at some point, then we'll see what I can do from there.

Thanks for the input.

 

Also, I've sent the request to Next reinforcing the one I already sent to their solicitors. I sent this next day guaranteed, plus a copy and covering letter to the solicitors recorded delivery as money's a bit tight now grr

[monopoly23]

..

 

You can consider a counter claim based on repudiation of contract, as well as the normal charge arguments etc.

 

What's repudiation? Sorry, im a bit thick... lol

[alp]

I too have had problems with next £2600 owing. I basically forgot about them as they sold the debt to robinson way. After hearing about the charge situaion i decided to use it as a tool to sorting all my debts i have and start 2008 debt free!!! takes up a lot of time but so far 25% of all debt wiped out (was £42K)

 

Next i requested dsar and cca. Next failed to provide anything. My tip is to call customer service and you will find them extremly helpfull. I never waited and after reinforcing the said acts you require info on had them delivered soon after. I believe next have no signed agreements for hardly any of their customers and if you look at this years results for the company they even state this fact!! in black and white that they are more selective who becomes a directory holder as they took on a lot of bad credit that when they try to recover it turns out to be unenforcable.

 

anyway i recieved a letter clarifying that indeed my debt was unenforcable but would be pursued. I sent this to rob way debt recovery who stated that they would no longer pursue this debt. So dont panic get in touch with next. There is nothing more frustrating than waiting for post that aint gonna come. Be forcefull and you will get the answers you ant and in your case confirmation that next dont have your agreement either.

 

Good Luck!!! I thought Next were a pushover had them dealt with in 2 weeks!!!

[monopoly23]

Thats brilliant that you've cleared so much debt!

The problem with calling customer services is that they keep me on hold for ages and the batteries in my phone go dead! I've tried them loads of times just to change address.

Its good that it looks like they have hardly any enforceable agreements though, and this account has been open quite a while so it's looking good for us.

I can't beleive they said it was unenforceable but they would chase you anyway! They really think they're above it all don't they?

 

Good luck to you too in clearing the rest of your debt