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    • I have been in the motor trade for 35 years and have used hundreds of companies for a variety of repairs, only once have i had a major problem which i sorted out in County Court and won. I had a Vauxhall Insignia with an engine fault and advertised on 1st Choice car repairs site for a repair.  Jack, actually his alias Lee contacted us with a quote which we accepted. We transported the car to Unit 4/18 Burnt Mills Road North Benfleet SS129JX expecting its return within the promised 28 days. I have had every excuse you could possibly imagine, in the last 2 YEARS!! as to why the car is not repaired. Ecu faults, Ignition faults, Gearbox faults, Exhaust faults, Wiring chaffing faults, Communication faults, Cancer treatment delaying the repair, medical treatment in Turkey delaying the repair, Covid delaying the repair!! The man is a pathological liar and a fraud. He is now refusing to tell me where the car is and refusing me access to collect it. He is under investigation by trading standards dept Jasper Singh officer in the case but he just keeps getting away with it. Police say its a civil debt and not a criminal offence. 1st choice do not want to know, they refuse to do anything other than request the car be repaired directly by UK169 which is of course ignored I found recently all the posts on this site about Jack and his tactics but it was too late. To date i am £6200 out of pocket to this man and it appears the law is powerless to deal with dishonest rogues.
    • The missing parcel is Evri uk , it was going from Shropshire to Cornwall and has gone missing.   but it got me wondering as i also sent a parcel abroad the same day if that had gone missing where would i stand ...    
    • Another farce kicking everything into the long grass - as usual for these corporate and political criminals Post Office scandal: Police to deploy 80 detectives for criminal inquiry. Investigation will dig into potential perjury offences and perverting the course of justice by senior leaders and Fujitsu   Police have asked government for a special grant of at least £6.75m to fund the operation. Police will not seek charging decisions, that is send files of evidence to the Crown Prosecution Service, until after the public inquiry into the Post Office scandal concludes, which is expected in autumn 2025.   It is expected the CPS will not reach charging decisions until 2026, and the wait for any criminal trials could be even longer.     Post Office scandal: Police to deploy 80 detectives for criminal inquiry | Post Office Horizon scandal | The Guardian WWW.THEGUARDIAN.COM Exclusive: Investigation will dig into potential perjury offences and perverting the course of justice by senior leaders and Fujitsu    
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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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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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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