does anyone have a copy of their CCA from next

[nas2211]

Unfortunately the court said it doesn't mean it's settled and it can be restarted again but I'm keeping my fingers crossed I don't hear anymore.....

[malaga1]

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>

[malaga1]

RE the above do you think it would be okay to write out my Statement of Truth as my printer has broke. Also it should already be in - will the judge say it is too late?

[tomterm8]

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

[pt2537]

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

[malaga1]

I do hope you are right!! But what about the fact that I have not put any STatement of Truth in myself the 14 day deadline has gone! Shall I put anything in to court?

[pt2537]

Have you recieved any orders from the court since you filed your defence at all?

[malaga1]

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!

[pt2537]

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

[malaga1]

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 !

[pt2537]

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

[malaga1]

I was hoping that they were not going to pay the court fee like they did with Nas! Then I receive their letter yesterday!

[pt2537]

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

[malaga1]

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!

[malaga1]

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!

[tomterm8]

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

[N.P]

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

[tomterm8]

It means the judge simply didn't have a clue

[pt2537]

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

[malaga1]

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?

[tomterm8]

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.

[pt2537]

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

[malaga1]

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.

[tomterm8]

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

[malaga1]

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