Urgent!!! Please Help!

[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

[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.

[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

[Josie8]

Yes its ok. Send it to the Registered Address

[Josie8]

Hi calm and Laiste.

I found out today that the defence must be filed by the 29th June.

 

The letter I sent yesterday to Next and the copy to their solicitors, both arrived this morning. I think it's 12 working days they have to respond by isn't it? Which would give them until the 28th!?!

I really hope not because that is cutting it extremely fine.

 

I did say I wanted it by the 21st June, but whether they comply is a different matter....

 

 

No they have to respond by 21st June because you've made this particular request under CPR rules. The CCA request which gives them 12 working days is the earlier request you made to them (so check those dates too).

[Josie8]

Wilson v Minister for Trade & Industry para 30 states that they can no longer enforce debt and have no recourse to common law instead.

[Josie8]

Is that refering to the bit where Next say an unenforceable debt is still a debt etc etc?

 

 

Yes its a House of Lords ruling and therefore binding on all lower courts

[Josie8]

All thats happening is that they are pushing it as far as they can to see if you will crack under the pressure............

 

Have a look at this thread Provident personal Credit sent this CCA in response to my request slightly different from yours but in this case Provident didn't want to go into court to explain excessive interest charges.

 

Main thing is to keep your chin up..........we're all here to help

[Josie8]

Yes ace defence...