Restons solicitors (dms) - next directory, county court claim form (help needed)

[Darter245]

Claimant: Debt Managers (Services) LTD
Solicitors: Restons Solicitors Limited
Issue Date: 4th June 2018

Particulars of Claim;
The Claimant claims payment of the overdue balance due from Defendant(s) under a contract between the Defendant(s) and Next Directory dated on or about Aug 31 2009 and assigned to the Claimant on Jul 09 2016.

Particulars a/c no - AT********

DATE ITEM VALUE
20/04/2018 Default Balance 2136.99
Post Refrl Cr NIL

TOTAL 2136.99

Hi all I have used this site in the past and have gotten extremely good help and advice in the past. This Claim Form has turned up last week, it is a debt from Next Directory from years ago when I was going thru a rough patch.

I have acknowledged via the moneyclaim website that I intend to defend the whole claim, I have typed up my CCA request letter and most of the CPR 31.14 one also, ready to post tomorrow. One quick question that I have to start with is do the Particulars of Claim look good enough? The last time I defended a claim from Lowell Solicitors the Particulars of Claim were a lot more substantial. Before I send the CPR 31.14 request letter off the part where I am to list the documents I want them to send myself to inspect what exactly do I put as nothing is really listed on the Particulars of Claim? It mentions a/c no and mentions the word assigned so do I ask for the agreement/contract and the assignment. There is no mention of a Default Notice or a Formal Demand?? Do I Just not mention these at all?

Thanks for your time and I hope I have been clear enough and listed everything I should have done.

Micky

[Darter245]

Also would it be a good idea to send a SAR off to Next Directory straight away?

[Darter245]

BUMP

[Amethyst]

Morning

Yes get a SAR off to Next - it can come in helpful later on so best to get it sent as soon as poss.

Yes send the CCA and CPR requests - those POC are woeful and I doubt they comply with PD 16 - the CPR 31.14 letter can only really ask for the contract as that's all that is mentioned. They don't even say it was regulated. Personally I'd still ask for the notice of assignment and default notice - they can only refuse. You could also try asking for them under a CPR Part 18 request - they'd have to be worded as questions " When did the OC serve a Default Notice and please provide a copy" , "What date was the account officially Defaulted", "On what date was a Notice of Assignment sent and please provide a copy" - but maybe see if the CPR 31.14 gets a response first.

As it was opened ( allegedly ) in 2009 it is likely to have been an online app - so worth checking back in your emails if you keep them too for any information.

Any idea when the account defaulted? anything showing still on your credit file?

[Darter245]

Evening Amethyst

I seem to recall that in 2009 I merely bought something online from the Next Directory website and a week or so later paperwork turned up to say I had a credit account with them and the balance was something like £200. I honestly can't remember signing anything and I am pretty certain I never applied for the account itself.

I have checked my Noddle report and under the accounts section the Debt Managers account relating to this states the Default occurred 28/02/2014.

I will post the CCA and CPR 31.14 request tomorrow and see if I get any joy from them, I will also get the SAR sorted to send to Next themselves. So is it a good thing the POC's are extremely vague and lacking in a lot of things?

I very much appreciate your help and valuable time.

Micky

[Amethyst]

Yip that's how things happened with Next - I ended up with a credit agreement with them without realising I had - older accounts didn't even have any credit agreement, they just sent an agreement with the ordered items which no one filled in and returned so they had lots of problems enforcing later. Littlewoods did similar too. But as this is 2009 it is likely you did complete the credit agreement online without really noticing. Then they ramped up the credit limit on the account until you ended up defaulting in 2014 and a £2k balance It's easy done I know, I got trapped by Very when in a vulnerable position with a £200 credit limit paying minimum payments and somehow ended up with a £3k credit limit ( ffs ) and defaulting, of course.

The POCs being vague just show how little information the claimant actually has at the moment about the debt - they just expect debtors to crap themselves at the sight of a court claim and either ignore it so they get a default judgment, or pay up.

So yep, definitely get the letters off to Debt Managers and the SAR to Next - and see what shows up ( if anything ). Keep an eye on the defence date as you need to file that even if you hear nothing back from the claimant.

Ooo also, might be worth checking bank statements and see when you last made a payment to the account - does the credit file show green dots 1,2,3,4,5,6 etc before the default or is it just Debt Managers entries showing already defaulted with the 2014 default date in the info section ?

[Darter245]

I really have no recollection of ever signing up to the Next Directory credit account, literally remember ordering something and then some paperwork turning up a few days later. I'll be interested and intrigued what the SAR throws up. It's certainly far to easy to rack up big balances very quickly and easily to. Mine was pretty much the same, paying the interest only and keep receiving balance increases.

I have checked Noddle again and for this account it only shows from Oct 2016 and obviously being in default and nothing before and yeah in the info section it gives that date and Debt Managers name. Checking previous bank statements will be an issue as I was in default with NatWest as well and they closed my account.

I will get these letters fired off tomorrow and work on the SAR for Next and see what if anything I get back. I am going to work on a draft defence over the next few days and will put it up on the forum to make sure it hits the spot.

Micky

[Darter245]

Evening

Today Restons Solicitors have responded to the CPR 31.14 request that I sent off, I will include photos below. After looking at what they have had to say is it still the way forward for me to complete my defence, send it off nearer the correct date and ignore what Restons have had to say? Is it just a case of Restons sending a pointless letter?






Thanks

Micky

[Darter245]

I am guessing the part where they say that they'll put the account on hold is a ploy on their behalf, silly tactics I guess?

[Darter245]

BUMP!

[Darter245]

BUMP!

[Amethyst]

Yes- stick to filing your defence before the deadline.

your photos haven't come through - you'll need to attach them to the post rather than copy paste them

[Darter245]

This is what Restons have sent, what do you think, just the usual rubbish? I am going to finish my defence tonight and post it on here later.
Thanks,
Micky.

[MIKE770]

yes usual response well they know they will have to deliver later in procedures if they are serious

[Amethyst]

Indeed, as per Mike, it is the 'usual'. Stick to the courts timeline.