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    • I disagree with the charge and also the statements sent. Firstly I have not received any correspondence from DVLA especially a statutory notice dated 2/5/2024 or a notice 16/5/2024 voiding my licence if I had I would have responded within this timeframe. The only letter received was the single justice procedure notice dated the 29.5.2024 this was received on 4.6.2024. I also disagree with the statement that tax was dishonoured through invalid indemnity claim. I disagree that the licence be voided I purchased the vehicle in Jan 2024 from RDA car sales Pontefract with agreement to collect the car on the 28.1.2024. The garage taxed the vehicle on the 25.1.24 for eleven payments on direct debit  using my debit card on my behalf. £62.18 was the initial payment on 8.2.24  and £31 per month thereafter the second payment was 1.3.24.This would run from Jan 24 to Dec 24 and a total of £372.75, therefore the car was clearly taxed before  I took the car away After checking one of my vehicle apps  I could see the vehicle was showing as untaxed it later transpired that DVLA had cancelled my tax , without reason and I did not receive any correspondence from DVLA to state why it was cancelled or when. The original payment of £62.18 had gone through and verified by my bank Lloyds so this payment was not declined. I then set up the direct debit again straight away at my local post office branch on 15.2.2024 the first payment was £31 on 1.3.2024 and subsequent payments up to Feb 2025 with a total of £372.75 which was the same total as the original DD that was set up in Jan, Therefore I claimed the £62.18 back from my bank as an indemnity claim as this payment was from the original cancelled tax from DVLA and had been cancelled . I have checked my bank account at Lloyds and every payment since Jan 24  up to date has been taken with none rejected as follows: 8.2.24 - £62.15 1.3.24 - £31.09 2.4.24 - £31.06 1.5.24 - £31.06 3.6.23-£31.06 I have paper copies of the original DD set up conformation plus a breakdown of payments per month , and a paper copy of the second DD setup with breakdown of payments plus a receipt from the post office.I can also provide bank statements showing each payment to DVLA I also ask that my licence be reinstated due to the above  
    • You know hes had it when they call out those willing to say anything even claiming tories have reduced taxes on live tv AS Salmonella says: The Conservative Party must embrace Nigel Farage to “unite the right”, Suella Braverman has urged, following a disastrous few days for Rishi Sunak. The former home secretary told The Times there was “not much difference” between the new Reform UK leader’s policies and those of the Tories, as senior Conservatives start debating the future of the party. hers.   AND Goves replacement gets caught booking in an airbnb to claim he lives locally .. as of yesterday you can rent it yourself in late July - as he'll either be gone or claiming taxpayer funded expenses for a house Alongside pictures of himself entering a house, Mr McGuinness said Surrey Heath residents “rightly expect their MP to be a part of their community”. - So whens farage getting around to renting (and subletting) a clacton beach hut?   Gove’s replacement caught out on constituency house claim as home found on Airbnb WWW.INDEPENDENT.CO.UK Social media users quickly pointed out house Ed McGuinness had posted photos in was available to rent     As Douglas Ross says he'll stand down in scotland - if he wins a Westminster seat - such devotion.
    • I've completed a draft copy to defend and will post up here for review.  Looking over the dates and payments this all stemmed from DVLA cancelling in Feb , whereby I set up a new DD in Feb hence the overlap, why they cancelled when I paid originally in Jan I have no idea. Anyway now stuck with pending court action and a suspended licence . I am also firing off a letter to DVLa recorded disputing the licence revoke
    • Thank you both for your expert knowledge and understanding. You're fighting the good fight by standing up for people like me and others with limited knowledge of this stuff. I thank you. I know all my DVLA details are good. I recently (last year) renewed my license, and my car's V5 is current with the correct details; the same is valid for my partner. I'll continue to ignore the love letters 😂 and won't let it bother either me or my partner.  I'll revisit this post if/when I get a letter of claim.  F**k ém.
    • Please check back later on today for a fuller response and some edits
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does anyone have a copy of their CCA from next


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I have today received a Statement of Truth from Howard Cohen !, The account which is the subject of this matter relates to a Next Directory mail order account outstanding balance 791. 2, Please find annexed a copy of the monthly statements from may2005 to march2007 showing how the balance has accrued. (it wasnt opened in may 05-it was 01). 3, The defendant states in her defence that th POC disclose no legal cause of action and does not comply with CPR part16 however as this claim was issued electronically through the bulk centre there is no provision to attatch documents. 4, The Defendant also claims that this debt is unenforcable under the CCA 1974. I can confirm taht no agreement is available as this is a mail order account.The debt has been pursued for Goods Sold as claimed in mthe POC therefore it is not applicable to the Consumer credit act 1974. 5, Therefore I respectfully submit that the defendant is liable to Next Retail for the sum of 791 and request 140 being costs incurred and 75pounds for the hearing fee!!!! NOW WHAT DO I DO??? I havnt even done a statement of truth as I was hoping they wouldnt pay the fee like they did with Nas. The hearing is 14th april I dont think there is anything I can do now is there>

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This is absolutly fantastic news, Malaga1. Absolutly no way they can win now;)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Next Terms and Conditions | Next Directory Online

 

yeah well they have shot themselves

 

the above link does lead you to the conclusion that any goods provided where you do not pay for them in advance are provided on credit under s credit account. therefore the goods supplied were done so on credit and they need a credit agreement, other wise the goods are a gift see Sir Andrew Morritts judgment in the Court of Appeal in wilson & FCT at para 26

 

as tom says they are stuck

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Yes, when I received the court date.As I said in previous post I should have done the Statement of Truth and any papers you wish the court to consider should be sent 14 days before hearing and I have not done them!

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Yes, when I received the court date.As I said in previous post I should have done the Statement of Truth and any papers you wish the court to consider should be sent 14 days before hearing and I have not done them!

 

Right so what did the order say?

 

its just that ive been back to the defence and i cant see any posts that mention you having to file a statement?

 

can you confirm either way what you have recieved from the court detailing what if anything you need to do

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I received a Notice of trial date back in Jan. This said each party must deliver to every party and court copies of all documents you wish to rely on.The documents must include Witness statements, no later tan 14 days before hearing! The hearing is 14th april !

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I have today had Notification of Trial Date! In the Brighton County Court on 14th April. This Claim is allocated to the Small Claims Track and parties are referred to Part 27 of the Civil Procedures Rules and the Practice Direction of that Part for guidance on how the hearing will be conducted. It is estimated the hearing will take one and a half hours! etc.etc. I really cant see how the judge has ignored everything regarding NO CCA!

 

Why didnt you say that you needed to file a witness statement ?

 

well it makes it slightly harder but still it is the case that No CCA No Enforceable debt

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well you could file a witness statement BUT its highly likely that they will now ask for it to struck out and not admitted as it will be out of time

 

you must never ever rely on the other side doing or not doing something as you can lose your case if you do!!!!

 

no matter what they other side do you must always follow the directions of the court

 

im not sure where this is going to leave you as i am certainly too busy at this precise moment to put any witness statement together and am unlikely to have any available time for the next few days as i am trying to get a business off the ground

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  • 2 weeks later...

LOST IN COURT!!!!!! I have just got back from court and I have LOST my case against NEXT. The judge said you have had the goods the fact they did not supply you with a copy of the CCA is irrelevant. He asked me how much could I afford to pay each month, I said 20 pounds he agreed to the order and I have to pay their costs too!

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I asked the judge if that meant I had a CCJ against me now and he said no I dont think so as long as you pay the required amount but ask the clerk at the office. She said it does! Who is right!

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I would definatly appeal, since the verdict was simply wrong.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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LOST IN COURT!!!!!! I have just got back from court and I have LOST my case against NEXT. The judge said you have had the goods the fact they did not supply you with a copy of the CCA is irrelevant. He asked me how much could I afford to pay each month, I said 20 pounds he agreed to the order and I have to pay their costs too!

 

 

Hi malaga1,

 

Thats both shocking and quite worrying!

 

I thought if the agreement or lack of did not comply with the Consumer Credit Act 1974 then it was unenforceable?

 

Does that mean the Judge simply ignored the Law or doesn`t really have a clue?

 

This could start the ball rolling for a river of Court claims against us all.

 

 

N.P :(

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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It means the judge simply didn't have a clue

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I would definatly appeal, since the verdict was simply wrong.

Not only is the verdict plainly wrong but the judge made an error on a point of law,

 

you need to appeal as a matter of urgency if that is what you indeed intend to do

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The judge said I had got it wrong. He said I had the goods.When I argued about the CCA,or lack of it, he said they do not need to supply me with won if I have had the goods.Can someone please tell me if I do now have a CCJ against me?

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malaga1, can you look at you statements? did they include the concept of minimum payment, and an interest rate?

 

 

You have a CCJ against you. You need to decide whether to appeal it. IMHO, the judge got the verdict wrong on a point of law.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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The judge said I had got it wrong. He said I had the goods.When I argued about the CCA,or lack of it, he said they do not need to supply me with won if I have had the goods.Can someone please tell me if I do now have a CCJ against me?

 

Yes you do, well if the judgment isnt paid within 28 days or appealed then you will have a CCJ

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On the Statements they sent me which were sent to court it says Minimum payment to reach us by.... then the amount. No interest on them. Under Current Credit LImit just says see current statement. When I said to judge it was a credit agreement with a credit limit he said that is irrelavant.

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Ok, looking at the minimum payment, roughly what % was the minimum payment of the account balance?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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The thing is if I got the same judge he had already made his mind up before I got there. NEXT or Howard Cohen had sent a local agent who came over and shook my hand. He said he hadnt read the case and would look through the papers then we were called in. When we came out he said I thought you had a good argument when I looked at the papers! He also said you can appeal but I dont know if it is worth it

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