Next directory making a claim & CCA * WON OUT OF COURT *

[MoonHawk]

Hi,

 

An account with Next Directory belonging to my wife has fallen behind and although we were making the occassional payment to it, they have proceeded to take it to court. I have just received the court papers this morning, obviously entered on MCOL.

 

The interesting thing is that in the POC it says that:

Balance under an agreement regulated by the Consumer Credit Act 1974 made between the defendant and the Claiman or its predecessor in title and outstanding at this date. The Defendant remains liable for making monthly repayments under the agreement unbtil the outsanding debt is repayed.

 

What I anted to know, as I have not had one go to court before I sent a CCA request, is that can I use the court protocols to request the CCA to put together my defense and if so how should I word it. Should I also send a CCA?

 

Best Wishes

MoonHawk

[Curlyben]

Yes indeed.

Try this on for size.

 

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. This letter supersedes the Data Protection request made to on the 24th April. The information must be furnished by the 22nd May 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.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any 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 formerly held with Barclaycard.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. 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).

f. 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.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next ten days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Of course you must remember to acknowledge service WITHIN the 14 days limit.

[MoonHawk]

Cheers Curly. Much appreciative of your prompt reponse. I just came across that (or similar) in another thread while trawling through cases in the general section. Does this go to the lawyers or next?

 

The search facility on this site is so poor it is untrue When you search for two words it looks for the words separately instead of looking for them together.

 

Should I send a CCA also?

 

Best Wishes

MoonHawk

[Curlyben]

No need as there is no ongoing court action this covers everything you need.

[MoonHawk]

Thanks again. Back to mey first question To Lawyers or Next or should I send it to Next with a copy to the lawyers?

 

Best Wishes

MoonHawk

[Curlyben]

Both to cover everything

[conar686]

CB re your post 2, if you haven't done so you should put that letter in Consumer Credit Act - Resources Workshop Consumer Credit Act - Resources Workshop - It's a good un & deserves its place.

 

MH - If you've not done so - I'd bookmark this thread it can be quite useful

[Curlyben]

Conar, I can't claim credit for that one as I think it's mostly TomTerm's nicked from a DMD thread.

I filed it for future use, I'm building a large and extensive letter library.

[MoonHawk]

Thanks Curly (Tom does good ones and I have taken a few in the past ) and thanks Conar ... bookmarked

 

I have amended the letter as I am writing on my wife's bahalf, the debt was not purchased and is still with the OC and it is Next not Barclays A couple of minor gramatical errors too ... although I may have put some in

 

Mrs XXX has received a recent Court claim filed by your Company. In order to file a defence and counter-claim Mrs C XXX requires that 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 24th September 2007, which gives you 14 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.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

 

2. All records you hold on Mrs C XXX relevant to this case, including but not limited to:

 

a. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

 

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations.

 

c. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by Mrs XXX with Next Directory Ltd is required.

 

d. True copies of any notice of assignment and/or default notice or enforcement notice that you sent Mrs C XXX, with a copy of any proof of postage that you hold.

 

e. 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).

 

f. 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.

 

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

h. A genuine copy of any notice of fair use of Mrs XXX’s data as required by the Data Protection Act 1998.

 

i. A list of third party agencies to whom you have disclosed Mrs XXX’s personal data and a summary of the nature of the information you have disclosed.

 

j. Copies of statements for the entire duration of the credit agreement.

3. Any other documents you seek to rely on in court.

 

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

 

This information is required within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying Mrs XXX the opportunity to file a defence and counter claim.

 

One copy going to Next and a copy with covering letter to MLS solicitors.

 

Best Wishes

MoonHawk

[MoonHawk]

Copy also to solicitors with cover:

 

Your Claim Number: XXXXXX

 

Mrs MoonHawk has received a recent Court claim filed by you on behalf of Next Directory Ltd for the account XXXXX. Please find a copy of the letter sent to your client by Special Delivery, making a request for information under the Civil Procedure Rules. I trust that you will ensure that your client keeps to their obligation and provide the requested information.

 

Off to Post Office now.

 

Best Wishes

MoonHawk

[conar686]

Letter looks good - Good luck MH

 

Hey CB - yet to see your much vaunted 'bog off letter'

[monopoly23]

Hi Moonhawk I saw your request for assistance with this thread but I can't see where you need help!

 

I have a similar case going on here if you want to have a look. And if you manage to trawl through all that, it's now continuing here.

 

I think you'll have to wait and see what Next send you before my thread will be much help, but no doubt they won't have an agreement.

 

Im now at the court stage, I just filed my bundle on the 5th so everything you should need to get there will be across these two threads.

 

Hope this helps.

[Curlyben]

Conor I have a few, relly depnds on how far you want to stick it to them

[MoonHawk]

Hi Moonhawk I saw your request for assistance with this thread but I can't see where you need help!

Thanks mono I did need help as I have only dealt with CCAs prior to court. Curly has kindly helped me, which was great as I managed to get the letters out same day as I received the claim notice

 

I have read your threads and am preparing myself for the long haul, although I doubt it will be as long as my Lloyds case took. Very useful to know the steps you have gone through prior to possibly doing so myself. I was hoping there would be an end to your case already as I read through but i guess I have to wait to celebrate your win

 

Conor I have a few, relly depnds on how far you want to stick it to them

LMAO ... is that a serious question? Who decides little?

 

Best Wishes

MoonHawk

[MoonHawk]

Acknowledged via MCOL. So the timescales are:

10th September: They will receive my CPR request letter sent Special Delivery

24th September: Their deadline to comply with the request runs out

10th October: Deadline for entering my defence

 

Best Wishes

MoonHawk

[Curlyben]

Moonhawk, I'm not sure if you've seen this but you will find it useful: http://www.consumeractiongroup.co.uk/forum/general-debt/96228-urgent-please-help.html#post890299

[MoonHawk]

Thank you very much Curly. I had seen that thread, but nice to have a reminder. It is appreciated.

 

Slow post. even though I posted them on Saturday, Next got their request letter on the 11th (Sepcial Delivery) and the solicitors got their copy today (Recorded Delivery).

 

I have given them until the 24th, so I have another 12 days to wait before I have to get going again. I have a little while as I have acknowledged which is showing up as received on the 10th.

 

Best Wishes

MoonHawk

[MoonHawk]

Well nothing from Next or MLS. I called MLS and said Next have not replied. They said they have passed in the information to Next. Theirs was a copy of what I has already sent to Nex, which I sent them so they know what their client is expected to do. But apparently I just have to wait for Next to reply.

 

I'll give them until Wed to allow for post and then contact the court.

 

Best Wishes

MoonHawk

[MoonHawk]

I am speechless. I made the request under CPR and gave them more than CPR allws in terms of days. Not only did they delay the response by over 10 days, but they request an S.A.R - (Subject Access Request) and payment of £10 to give me a copy of the agreement. They even sent a document typed up (as in a letter) with the terms of a CCA in case I request one under CCA 1974.

I acknowledge your request for copies of all the records we hold on your wife's account, and I have enclosed details of the account which are currently on file, and which is available to you free of charge.

 

However, should you wish to make a full Subject Access Request, would you kindly complete the enclosed Data Subject Access Request Form, and return it to the address outlined at the foot of the form, enclosing a cheque or postal order for £10.00, which is the fee required, and is non-refundable.

 

This action involves Next searching all files including Human Resources, Marketing and Customer Relations. We are obliged to respond to your requested, provided you have paid the necessary fee, within 40 days.

 

In response to your request for a true copy of the executed credit agreement, I have enclosed a copy credit agreement, which meets with our requirements, under Section 78 of the Consumer Credit Act.

 

I trust that you find the above information helpful.

 

Unbelievable.

 

Best Wishes

MoonHawk

[tomterm8]

I am speechless. I made the request under CPR and gave them more than CPR allws in terms of days. Not only did they delay the response by over 10 days, but they request an S.A.R - (Subject Access Request) and payment of £10 to give me a copy of the agreement. They even sent a document typed up (as in a letter) with the terms of a CCA in case I request one under CCA 1974.

 

 

Unbelievable.

 

Best Wishes

MoonHawk

 

what did you get as the result of the CCA request?

[Curlyben]

Well Next are talking Ballhooks.

As this is now a court issue you are entitled to these documents under CPR.

[MoonHawk]

what did you get as the result of the CCA request?

Thanks for the reply Tom,

I did not send a CCA request, but I think they got confused with the line requesting a true copy of the agreement, or are pre-empting one.

 

Page 1

Page 2

 

Well Next are talking Ballhooks.

As this is now a court issue you are entitled to these documents under CPR.

Thanks to you as well Curly

That is what I thought. I never mentioned SAR, just that it is under CPR. I gave them until 24th, which I thought was fairly reasonable (they received the letter on the 11th). Their reply is dated the 27th and received only today (sent standard 1st class).

 

Best Wishes

MoonHawk

[tomterm8]

did they actually include your signature

[MoonHawk]

did they actually include your signature

No. The grey boxes are the only things I have blanked out. It was the document I have posted and a whole load of statements, not all of them I might add.

 

Best Wishes

MoonHawk

[tomterm8]

Send them a letter, including a copy of your precious letter, with the text.

 

"

 

Dear XXX,

 

WARNING: THIS IS A REQUEST UNDER THE CIVIL PROCEDURE RULES. FAILURE TO COMPLY WILL RESULT IN AN APPLICATION TO THE COURT.

 

 

I am confused about your letter dated XXXth, which responded to my letter dated XXX ( a copy enclosed).

 

This was a formal request under the civil procedure rules, for a copy of each referenced document which are vital to my defence. It is not a subject access request under the data protection act 1998.

 

Failure to produce the requested documents within 7 days will result in a part 16 and 32 application to the court. this may result in legal costs to your clients. It is a requirement of the request that any copies of documents are original copies, and not reconstituted or altered in any way.

 

I include a £10 postal order (number XXXX) as a goodwill gesture to cover any reasonable costs.

 

 

Yours Sincerly,

 

XXX.