Unsigned and no date on credit agreement

[Ohfreeme]

Thank you, I did the Acknowledgment of service online. I only hope I have done it on time!

[Ohfreeme]

Particulars of Claim.

The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendant(s) and Next Directory dated on or about Jul 19 2012 and assigned to the claimant on Jul 09 2016.

PARTICULARS A/c no- XXXXXX

Date 16/08/2017
ITEM Default Balance
VALUE 543.07

post refrl cr NIL

TOTAL 543.07


AMOUNY CLAIMED: £543.07
Court Fee: £60
Legal Representatives costs: £70
Total amount: £673.07


I have serached high and low for my original CCA request and cannot locate it.

I have letter from restons dated September 12 2017 acknowleding my request though... urghh I like the pattern of persuing me during the summer holidays when I’m mentally battered and tired.

We have had no hot water for a few days and my washing machine broke yesterday and i have a mountain of urine stained bedding to deal with. I really am struggling to process all this right now. Where can I go to get legal help? Is it going to be expensive to ask a solicitor to take on this....

[Amethyst]

If the claim is dated 13/14th August you should be fine ( actually if you were out of time you wouldn't be able to do it online so I'm sure it's fine - you actually get 3 days for postage, then 14 to acknowledge - so 17 days overall )

So court claim is from Restons then, acting for Debt Managers? As usual not a lot to work with on the particulars of claim and in any case they have already provided the documents you'd be asking for with a post-claim CCA and CPR request. So that's what we have to work with.

So, the issues you have;

1) the credit agreement isn't signed
2) the credit agreement doesn't have the prescribed terms on ( no title saying Credit Agreement regulated by Consumer Credit Act 1974 - £ sections are blank ) and basically you have never seen that document before. Looks like one that they'd send out with the first order ( that hardly anyone returned ... but 2012 seems a bit late for them doing that )

so they can go into the defence.

Did you recognise the items listed on the statement ?
Was the account opened ( so far as you recall ) in 2012 ? Looks like the first order was for £29 in July 2012.
Do you recall anything about how you made the first purchase from Next ? Was it online?

They've got the assignment date 1 day out ( not hugely important )

[Amethyst]

Sorry we crossed posts - if you want to try get someone to take this off your hands and deal with it then you MAY be able to get someone to act on a CFA ( they'd claim costs from the other side ) The only people that I can think of doing CFA's on small claims CCA cases would be Joanna Connolly Solicitors ( https://www.justbeagle.com/solicitor/visit/623139 ) - I don't think it's worth you using a solicitor if they couldn't do a CFA (conditional fee arragment) as it could end up costing you more than the claim is worth, in which case you'd be better just coming to an arrangement to pay by installments under a consent/tomlin order, to avoid the CCJ, if it got past mediation without being withdrawn or settled. Still, might be worth a chat with Joanna but make sure you get full details of potential cost up front before making any decisions.

You can defend the case yourself of course - there are issues and non compliance ( Default Notice and agreement ) - however a LIP arguing those points in court can run into problems - but if you get a good defence submitted they may well withdraw before you get so far as a hearing.

[Ohfreeme]

Ok thank you for the information. I’ll try and defend myself as I have a bit more time now that I have done the Acknowledgement of service on time.

Kids are back next week so I have at least 2 days of quiet to concentrate and not panic.

[Ohfreeme]

Would have been online... I don’t think I have ever seen a next directoy come through my door ever.

[Amethyst]

Default Notice ( http://legalbeagles.info/forums/file...8&d=1532960498 ) argument starting point .... basically a case of going through sch. 2 and checking what is there and what isn't .... then add in the incorrect figures and lack of 14 day period ( s88(2) ) It wants sorting out and wording more clearly but it's an idea of where the Defence might go...

3. The Defendant denies that he was in breach of the said agreement either as alleged in the Particulars of Claim or at all.
4 Alternatively, if, which is denied, the Defendant was in breach of the said agreement, then the breach is not enforceable by the Claimant in that:
(a) Contrary to s 87(1) of the Consumer Credit Act 1974 ('the Act) the Claimant failed to serve on the Defendant any default notice.
(b) Contrary to s 88 of the Act and Regulation 2(2)(a) of the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the Regulations'), the default notice alleged by the Claimant to have been served on the Defendant did not state that it was served under s 87(1) of the Act.
(c) Contrary to s 88 of the Act and Regulation 2(2)(b) of the Regulations, the default notice did not contain the information set out in paragraphs 1, 2, 3, 6 and 8 of Schedule 2 to the Regulations.
(d) Contrary to s 88 of the Act and Regulation 2(2)(c) of the Regulations, the default notice did not contain statements in the form specified in paragraphs 4, 5, 7, 9 10 and 11 of Schedule 2 to the Regulations.
(e) Contrary to s 88(1)(b) of the Act, the default notice failed to state what action was required to remedy the breach or the date before which the action was to be taken.
(f) Contrary to s 88(2) of the Act, the default notice specified a date for remedying the breach which was less than 14 days after the date of service of the default notice.

so S.87 CCA 1974 is https://www.legislation.gov.uk/ukpga/1974/39/section/87 ( then NEXT for s88 ) and Schedule 2 is http://www.legislation.gov.uk/uksi/1...chedule/2/made

[Ohfreeme]

I have been looking for more paperwork relating to this and so far haven’t found anymore physical letters. I do have the orignibal request I sent saved online though.

should I mention this in my defence?

I sent the CCA request a year ago.
Still not sure if it was a response to a letter before action though.

[Amethyst]

Have you made a start drafting the defence? Not really any need to mention a previous request if the last one hasn't been responded to at Defence stage, but you could put it later in any witness statement.

[Ohfreeme]

Thank you for your prompt response.

I’m trying to do it this evening. Been chasing up repairs as we still don’t have hot water or washing machine .

I’m stuck with this bit of the draft defence.

4.It is [admitted/denied] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit.

I should put admit here right? Recognise the purchases but also vaugely remember speaking to Next about the situation at the time.

I didn’t hear anything from them after that. Not sure if they continued writing to my old address...

[Ohfreeme]

Thank you for your prompt response.

I’m trying to do it this evening. Been chasing up repairs as we still don’t have hot water or washing machine .

I’m stuck with this bit of the draft defence.

4.It is [admitted/denied] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit.

I should put admit here right? Recognise the purchases but also vaugely remember speaking to Next about the situation at the time.

I didn’t hear anything from them after that. Not sure if they continued writing to my old address...

Anyone?

[MIKE770]

Amethyst

[Amethyst]

If you aren't sure then leave that paragraph out or amend

maybe

4: The Defendant has previously purchased goods from Next Directory but has no recollection of entering into an agreement with Next Retail?? for provision of credit.

if that is the case.

[Amethyst]

On the default notice, the page I linked to in post #22 , was there another page or was that it?

[Ohfreeme]

That’s it, no other pages.

Only pages I left out where the rest of sheets from statement.