Unsigned and no date on credit agreement

[Ohfreeme]

Hello all,

I sent a CCA request to Restons Solicitors last year and have just recieved a response.

They have sent me an unsigned credit agreement with no date on it! Also some statements.

Where do I go from here please? Is this debt enforceable?

I can’t seem to upload images, sorry...

[Amethyst]

Which account is this one for? Shop Direct for £5k odd ?

[Ohfreeme]

Nope, Next for £500 (ish) .

[Ohfreeme]

Also; it’s for a store card. I’ve never owned a store card or been able to get one!

I have tried uploading several times but it’s too large and wont resize.

I can barely read it even with my glasses on. Writing is blurred and very small.

They want me to respond by August 8th... Do I ignore and carry on waiting till they send me more threats?

[Amethyst]

Email me Promise I'll check it quicker and reply on here asap this time.... admin@legalbeagles.info otherwise if it is still too big try doing a screenshot of it on your desktop or phone.

[Amethyst]

Soooo....
2018-07-30 15_31_48-Start.png

The 'Default Notice' is not a default notice - if it is it is seriously lacking in compliance ref 87/88 CCA 1974 ( see https://www.legislation.gov.uk/ukpga...efault-notices and http://www.legislation.gov.uk/uksi/1983/1561/made )

1: No date by which to pay by
2: Immediately is not 14 days
3: It doesn't say it's a Default Notice
4: The arrears and required payment are different amounts
5: Just not a default notice


defaultnotice or not.png

[Amethyst]

Credit Agreement ' recon' unsigned, of course, and no credit limit details etc

next credit agreement.png

creditagreement 2.png

McKinlay was Company Secretary from 2003 - 2014

[Amethyst]

Notice of Assignment looks okay - there is also a ' welcome' letter from DMS.

NoA.png

[Amethyst]

Then the ' statement '

Next statement.png

[Amethyst]

So you know those are the documents they have and would use against you ( well, Debt Managers would as they are the 'creditor' now) - have they actually sent a letter before claim at all or just this in response to a CCA request ? - was your CCA request in response to a letter before claim last year ?

Looks like the account was opened in July 2012 and defaulted Dec 2013. It's not a store card, it's a Next Directory account - they seem to think they can just send a store card later on if they feel like it.

Is the name & address correct for when you opened it ?
Do you recognise the purchases etc made?

What do you want to do, argue the toss with them about the credit agreement and default notice and/or make a settlement offer of a % / or installments - or wait and see if they do take it to court ( bearing in mind that will add court costs to the debt ) and defend it.

[Ohfreeme]

Thank you for looking at this for me.

I really don’t know what course to take...

I think this was a CCA request after Debt Managers had sent me a fee letters, but I’ve muddled up all the paperwork.

Going to have a good look.

I’ve never received a default notice directly from next. Not sure if it was sent to the old address but surely they would have sent me a copy with the documents they have sent me?

I was hoping that I could at least drag it out till it was stautue barred as don’t have anything in the way of making settlement offers to anyone. Still trying to get out of debt from the homeless situation!

[Ohfreeme]

Looks like I’m going to court then... just received claim form..

[Ohfreeme]

Shall I start a new thread or continue here? Court Claim form arrived today...

[Ohfreeme]

Running out of time to do Acknowledgement of service...

Do I tick the box to contest jurisdiction?

[Amethyst]

No, just the box to say you intend to defend in full.

I'll move you to the court claim forum, if you can type out the particulars of claim pls.