does anyone have a copy of their CCA from next

[malaga1]

I had a court claim issued on the 8/05/07 against me from next. I filed a defence and said I had written to next asking for a copy of my cca (which had not been supplied) I asked them to provide this to the court. The mcol said case transferred to local court on 22nd june. As i have heard nothing since I rang northampton and they said ii was transferred in error and recalled. They told me to ring Howard Cohen to see what they now intend to do. Howard Cohen said as far as they were concerned the case is still on. I said i had not been provided a copy of my cca and they said contact next. Next said they sent me a copy back in June! I have asked them to send me another copy but I dont know if they are bluffing or do they have one! HAS ANYONE got one?

[ashmk]

I think you are being bluffed by Howard Cohen. As they are the people dealing with your case and its them whom you have sent the CCA request, im pretty sure they should be the ones to provide it.

Gather your proof that you sent this request and keep it safe, you can use this to discredit Howard Cohen in court.

 

I had a similar case where eversheds wrote to my girlfriend saying to contact the original creditor (in your case next) for the CCA request. I posted it here on CAG and was advised to just leave it and let eversheds default which we have.

 

But as your close to court, Im not sure.

 

Im not an expert im just guessing from what I have learnt with the above so wait for an expert to confirm what action to take before preceding

[Curlyben]

It NOT up to you to chase Next for paperwork. That's what Mr Cohen is there for.

Let the court know what has been happening and look to having this action struck out.

After all with out the CCA how can they bring a case.

Basically no agreement, no debt, under CCA74 s127.

 

127.—(1) In the case of an application for an enforcement order under—

(a) section 65(1) (improperly executed agreements), or

(b) section 105(7)(a) or (b) (improperly executed security instruments), or

© section 111(2) (failure to serve copy of notice on surety), or

(d) section 124(1) or (2) (taking of negotiable instrument in contravention

of section 123),

the court shall dismiss the application if, but (subject to subsections (3) and (4)) only

if, it considers it just to do so having regard to—

(i) prejudice caused to any person by the contravention in question, and

the degree of culpability for it; and

(ii) the powers conferred on the court by subsection (2) and sections 135

and 136.

(2) If it appears to the court just to do so, it may in an enforcement order reduce or

discharge any sum payable by the debtor or hirer, or any surety, so as to compensate

him for prejudice suffered as a result of the contravention in question.

(3) The court shall not make an enforcement order under section 65(1) if section

61(1)(a) (signing of agreements) was not complied with unless a document (whether

or not in the prescribed form and complying with regulations under section 60(1))

itself containing all the prescribed terms of the agreement was signed by the debtor or

hirer (whether or not in the prescribed manner).

(4) The court shall not make an enforcement order under section 65(1) in the case of a

cancellable agreement if—

68

(a) a provision of section 62 or 63 was not complied with, and the creditor or

owner did not give a copy of the executed agreement, and of any other document

referred to in it, to the debtor or hirer before the commencement of the proceedings

in which the order is sought. or

(b) section 64(1) was not complied with.

(5) Where an enforcement order is made in a case to which subsection (3) applies, the

order may direct that the regulated agreement is to have effect as if it did not include a

term omitted from the document signed by the debtor or hirer.

[malaga1]

I sent my cca req with a pound cheque( which they cashed) to next back in may after I had the court docs sent to me. I assumed (like everyone else) that they didnt have my cca. They are now saying they sent it back in June! I just wondered if anyone has ever received one from them?

[ashmk]

Well from my reading of these forums catologes are not the best at producing these documents.

 

Are you saying you have not CCA'ed Howard Cohen at all ?

It might be and idea to fire one off to them asap, use a postal order and not a cheque or you might find your signature finds its way onto an agreement without you actuall putting it there.

 

Wait for an expert reply again but me personally would send that CCA request to Howard Cohen right now. (if you havent already done so)

 

no matter what they tell you, its Howard Cohen who has to deal with your CCA request. They are acting as agents, its there problem if they dont want to send the CCA.

[ashmk]

Howard Cohen are the ones taking you to court so you need Howard Cohen to prove they have the legal right to do this.

Dont listen to there bullplop. They MUST provide this information.

 

Like Curlyben said NO CCA = NO DEBT

[sequenci]

 

Like Curlyben said NO CCA = NO DEBT

 

Wrong, No CCA = No Enforceable debt

[ashmk]

Yer thats what i meant, my bad

[malaga1]

Thats what makes me think maybe they do have the agreement. Or why are they taking me to court?

[malaga1]

I have just received a BLANK credit agreement from next! I rang them and asked for MY agreement and they said they dont have one! She said this is to show you what they look like! I asked why they had issued court proceedings without one and she said they dont need one. She said its not like loans or credit cards-you have had the goods and we can prove it! She also said next had sold the debt to lewes&co and they wewre the ones that had issuedthe court claim. What do I do now? Is this true? any help please?

[sequenci]

I have just received a BLANK credit agreement from next! I rang them and asked for MY agreement and they said they dont have one! She said this is to show you what they look like! I asked why they had issued court proceedings without one and she said they dont need one. She said its not like loans or credit cards-you have had the goods and we can prove it! She also said next had sold the debt to lewes&co and they wewre the ones that had issuedthe court claim. What do I do now? Is this true? any help please?

 

the goods argument is not relevant.

 

if they haven't got your executed agreement then you will be able to defend any action.

[scousepie]

Looks like you have them don't give in stand your ground, if it get to court your first question is " where is the Credit agreement I signed" ? second is why have you not supplied it on request ?

[malaga1]

Sent back my AQ last month and heard nothing from Howard Cohen & Co ! Today I have received a letter from Court.Before District Judge xxxxxxx sitting at xxxxxx County Court......Upon the courts own motion the Court has made this order of its own initiative. IT Is Ordered that the Claimant is to inform the Court by 1st October 2007 as to whether it has supplied the Defendant with a copy of the CREDIT AGREEMENT ! What will they come up with now? Nothing hopefully!

[tiglet]

Naughty Next!

 

RW are trying the same argument with me.

 

Have a look for more info Catalogues/mail order

 

You'll see Next are members of this association.

 

Me thinks more bovine excreta is being sproutedand am glad the courts know enough about the law to take this course of action.

[nas2211]

Subscribing

[nas2211]

Hi Malaga,

 

How's the case going? I was wondering if Next managed to produce the document by the 1st?

[malaga1]

I rang the courts to see what was going on. They said they have had a letter from the claimant saying the account was opened in store in 2001 and they no longer have agreement but they dont need it as section 78? doesnt apply as I have received the goods etc. I said this cant be right! They said it was with the judge and he would decide what happens next! I dont know what will happen now!

[sequenci]

I rang the courts to see what was going on. They said they have had a letter from the claimant saying the account was opened in store in 2001 and they no longer have agreement but they dont need it as section 78? doesnt apply as I have received the goods etc. I said this cant be right! They said it was with the judge and he would decide what happens next! I dont know what will happen now!

 

Receiving the goods or not is academic, The Consumer Credit Act is there for all to see. No agreement = Unenforceable. Simple.

[pt2537]

I agree with Sequenci, goods are totally irrelevent, the goods were purchased under credit terms and thus there needs to be a regulated agreement in place in compliance with the CCA 1974

 

also the judge should consider the Wilson case as it is relevent here, i cannot see a county court judge ignoring a House of Lords decision

 

 

regards

paul

[malaga1]

Hopefully the judge agrees! Without reading exactly what they have wrote I dont know what section they are referring to anyway. I will let you know when I hear something.

[vinegarvera]

subbing, I am in same boat but about a month behind!!

[malaga1]

Today I have received a letter from Court. The court has made this order of its own initiative without a hearing. If you object to the order you can have it set aside or stayed within 7 days of receiving it. IT IS ORDERED THAT The cLAIMANT IS TO FILE AND SERVE FULL PARTICULARS OF GOODS SOLD AND DELIVERED TO THE DEFENDANT BY 5TH NOVEMBER 2007. The judge had given them until 1st october to file the agreement(which they of course did not) Why is he now requesting this? If there is no agreement? Seems like he has listened to their argument about goods sold etc!

[tomterm8]

I really do think that it is vital to write to the court a letter that puts your side of the story accross.

[pt2537]

i agree with tomterm8

 

however, ive been asking myself, if the judge were going along the lines as suggested that would mean he is not only ignoring the Consumer Credit Act 1974 and regs but the House of Lords in Wilson -v- FCT.

 

 

thats plain wrong and he cant do that

 

the problem is that not all judges are clued up on consumer law, so i think we need to point him in the right direction;)

 

Regards

paul

[MikeSplicer]

Subbing

 

Good Luck Malaga