Restons Solicitors/DMS/Next v Me

[Amethyst]

Your defence is due around 25th August ( not sure of exact issue date but you have 33 days after that to defend ) so it will be due while you are away. You can file the defence online, the only issue with doing that from while you are away, is you won't know if any documents have been provided - unless you have someone checking on your post for you while away ? You already know majority of documents they might produce though from the pre-action stuff so you could get your defence written and either file it while you're away or file it before you go ?

Once it's filed there's about a month before you'd need to anything else.

[DMSVMoi]

Your defence is due around 25th August ( not sure of exact issue date but you have 33 days after that to defend ) so it will be due while you are away. You can file the defence online, the only issue with doing that from while you are away, is you won't know if any documents have been provided - unless you have someone checking on your post for you while away ? You already know majority of documents they might produce though from the pre-action stuff so you could get your defence written and either file it while you're away or file it before you go ?

Once it's filed there's about a month before you'd need to anything else.

I have received the following today, it appears that Restons will not provide me with what has been requested.
I will not have anyone checking my post while away so if they backtrack I won't know in any case !!
Really unsure what I should now do, I am completely flummoxed by the whole procedure in all honesty.

[MIKE770]

translated into:_ we do not have the paperwork and to issue a claim under small claims not necessary == they will have to produce later in proceedings, it is sent to unsettle you, ignore they know the rules and have to comply later by further mrthods incl proceedural

[MIKE770]

Example Defence

[DMSVMoi]

So reading this correctly I need to prepare a defence using the template and file this online ?

[MIKE770]

adjust to suit your case, but have it checked before sending:- ask Ame

[Amethyst]

Howdy, just having a look at the letters you received xxx

[Amethyst]

Okay standard balls xxx let me put a defence draft together for you

[DMSVMoi]

I have drafted the following, not entirely sure if this is correct and I obviously need to change colours etc... but is this about right ?
Sorry Amethyst, missed your comments above

[Amethyst]

did they actually supply a statement of account ( ie transactions with Next ) at all ? and did you get anything back from the SAR you sent to Next ? ( apologies if it's on the thread )

I'll have a look through what you've done and amalgamate with what I'm doing atm xxx

[Amethyst]

In the Northampton County Court Business Centre

Claim No: [XXXXX]



[Claimants Name]

Claimant

And



[Defendants Name]

Defendant

DEFENCE



1.I received the claim from the Claimant via the Northampton County Court Business Centre on xxxxxxxxxxxxxxxx

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for a running credit agreement regulated under the Consumer Credit Act 1974, although the Claimant's statement of case only refers to a 'contract'.

4.The Claimants have stated that the account was assigned from Next Directory to Debt Managers ( Services) Ltd on 9^th July 2016. The Defendant does not recall receiving notice of this assignment.

5. It is denied that the Defendant entered into any credit agreement with the Claimant or the assignor ‘Next Directory’/'Next Retail'.

6. It is admitted that the Defendant has previously purchased goods from ‘Next Directory’ however it is denied that any credit agreement was signed or entered into.

7: In May 2018 the Claimant sent a formal Letter of Claim to the Defendant giving details of the alleged debt.

8: The Defendant responded to that Letter informing the Claimant the debt was disputed and more information was required. The Defendant requested the Signed Credit Agreement, Default Notice, Notice of Assignment & Deed of Assignment.

9: In addition the Defendant send a formal request (CCA Request) for a copy of the original agreement pursuant to s.78 of the Consumer Credit Act 1974 along with the statutory fee of £1.

10: Further the Defendant sent a Subject Access Request to Next Directory, as original creditor. This was dated 21^st May 2018. No response has yet been received and a complaint has been made to the Information Commissioner.

11. On the 31^st May the Defendant received a letter from the Claimant stating that the CCA Request had been referred to ‘their client’ Next to obtain a copy of the original credit agreement. They also returned the £1 payment.

12: On 20th June the Claimant sent a letter to the Defendant enclosing the purported Credit Agreement. However the agreement is not signed, or dated, and there are blank spaces where the Credit Limit, Total Charge for Credit and Total Amount Payable may have been.

13. The agreement therefore does not contain the prescribed terms and/or is not a true copy of the alleged agreement. It is my contention that this is not a true copy of a credit agreement but a generic copy of an agreement that Next may have used around the same time, I have certainly never seen this document previously.

14: The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

15. Despite the ongoing communication and dispute over the debt the Claimant saw fit to issue the Claim in this case which I received on the 26^th July 2018.

16: On the 27^th July 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimants Solicitor. I requested the Claimant provide copies of the contract, Default Notice and Notice of Assignment.

17: In a letter dated 6^th August the Claimant’s Solicitor responded and refused to provide any of these documents to me. They state I would have been provided with a copy of the contract at the time the account was opened and see no reason why I now require an additional copy.

18.It is denied that Next Directory served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

19. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

20.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

21: No statement of account or any evidence as to how the sum claimed has accrued or been calculated, nor any details of interest or charges that may have been added to the account have been provided.

22.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

23.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

[DMSVMoi]

In the Northampton County Court Business Centre

Claim No: [XXXXX]



[Claimants Name]

Claimant

And



[Defendants Name]

Defendant

DEFENCE



1.I received the claim from the Claimant via the Northampton County Court Business Centre on xxxxxxxxxxxxxxxx

2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim appears to be for a running credit agreement regulated under the Consumer Credit Act 1974, although the Claimant's statement of case only refers to a 'contract'.

4.The Claimants have stated that the account was assigned from Next Directory to Debt Managers ( Services) Ltd on 9^th July 2016. The Defendant does not recall receiving notice of this assignment.

5. It is denied that the Defendant entered into any credit agreement with the Claimant or the assignor ‘Next Directory’/'Next Retail'.

6. It is admitted that the Defendant has previously purchased goods from ‘Next Directory’ however it is denied that any credit agreement was signed or entered into.

7: In May 2018 the Claimant sent a formal Letter of Claim to the Defendant giving details of the alleged debt.

8: The Defendant responded to that Letter informing the Claimant the debt was disputed and more information was required. The Defendant requested the Signed Credit Agreement, Default Notice, Notice of Assignment & Deed of Assignment.

9: In addition the Defendant send a formal request (CCA Request) for a copy of the original agreement pursuant to s.78 of the Consumer Credit Act 1974 along with the statutory fee of £1.

10: Further the Defendant sent a Subject Access Request to Next Directory, as original creditor. This was dated 21^st May 2018. No response has yet been received and a complaint has been made to the Information Commissioner.

11. On the 31^st May the Defendant received a letter from the Claimant stating that the CCA Request had been referred to ‘their client’ Next to obtain a copy of the original credit agreement. They also returned the £1 payment.

12: On 20th June the Claimant sent a letter to the Defendant enclosing the purported Credit Agreement. However the agreement is not signed, or dated, and there are blank spaces where the Credit Limit, Total Charge for Credit and Total Amount Payable may have been.

13. The agreement therefore does not contain the prescribed terms and/or is not a true copy of the alleged agreement. It is my contention that this is not a true copy of a credit agreement but a generic copy of an agreement that Next may have used around the same time, I have certainly never seen this document previously.

14: The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

15. Despite the ongoing communication and dispute over the debt the Claimant saw fit to issue the Claim in this case which I received on the 26^th July 2018.

16: On the 27^th July 2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimants Solicitor. I requested the Claimant provide copies of the contract, Default Notice and Notice of Assignment.

17: In a letter dated 6^th August the Claimant’s Solicitor responded and refused to provide any of these documents to me. They state I would have been provided with a copy of the contract at the time the account was opened and see no reason why I now require an additional copy.

18.It is denied that Next Directory served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

19. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined.

20.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

21: No statement of account or any evidence as to how the sum claimed has accrued or been calculated, nor any details of interest or charges that may have been added to the account have been provided.

22.I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

23.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated ________________________________

WOW !!! Many Thanks
I will get this copied and submitted to the defence online using Money Claim online. Just on query in 10. you mention a complaint being made but I have not done this, is it something I need to act on ?

[Amethyst]

Yes if you haven't had a response from Next on your SAR then you should make a complaint to the ICO before filing the defence. Have a look https://ico.org.uk/make-a-complaint/...tion-concerns/

[DMSVMoi]

Yes if you haven't had a response from Next on your SAR then you should make a complaint to the ICO before filing the defence. Have a look https://ico.org.uk/make-a-complaint/...tion-concerns/

I received a response from Next regarding the SAR from 25th May 2018 asking for my date of birth so they could look into things further, I replied on 4/6/2018 and have heard nothing since, I'm presuming I would advise that a request had been made and is still unanswered, 76 and 66 days respectively.

[MIKE770]

report them to ICO = Information Commisioners Office on line