Lewis group Next directory court claim.

[Tommy]

Hi all.

Lewis debt recovery have sent my partner a claim pack for a next account, value was 117, now 177 inc cost and charges. Have untill 31st to reply. This claim pack was late in the post but they agreed to hold it at HC untill 31st. HC sent what appears to be a screen shot of a credit agreement, but its completely unreadable by myself.

The claim pack came through our mail divert (recently moved) and had been opened at some point.

They will not accept any settlement short of 177, and will not remove charges.

My partner is now retired through ill health and her only income pays for her part of her mums mortgage, loan taken out a few years ago. She has no equity in the house.
What can we do now?

There are many other debts to consider, but none secured. However she does have a joint mortgate on her mums property, although she owns no equity in the house. She would consider bancruptcy if is wasnt for the mortgage.

Thanks, Tommy.

[Tommy]

Re: Lewis group Next directory court claim.

Bumpity bump...! Time runs out tomorow, id appreciate a reply asap, before parting with my hard earned to avoid judgement.

Maybe a mod could move to the correct forum?! please and thank you!

[charitynjw]

Re: Lewis group Next directory court claim.

bump

[Curlyben]

Re: Lewis group Next directory court claim.

Tommy, is this directly from Lewis or an actual claim filed at Northampton ?

Well either way on the whole Next does NOT hold valid credit agreements for it's accounts, so this should be straightforward to dispense with.

[shamen]

Re: Lewis group Next directory court claim.

You can usually get next on one thing or another, its just going to feel like banging your head on a brick wall. They ignore the law where possible.

It took us a few months of exchanging letters re my wifes credit file. Backstory - someone opened an account in my wifes name and used it about 4 years ago. At the time, wife rang next, reported the issue and asked them to close account. Next didn’t do this, they did clear the balance but left the account open and when it was fraudulently used again 2 years ago, they billed and defaulted the wife. She paid the past due bill in order to stay out of court, but was pressured into it via phone calls and threat-o-grams (this is before I was on the scene).

When I found out about it, time to get it sorted. So we did a s77/78 req. They sent her four different (all blank) credit agreements and said she 'must' have signed one, but couldnt tell her which one (LOL!). We then sent a DPA SAR and there was still no signed copy (or even a valid default notice) in the reply. Next's account notes also show the wife told them about the fraud years ago, and requested the account be closed and not opened in her name ever again. They ignored this and left the account open, when two years later 150 pounds worth of goods were bought on her account (but never received at our home, nor used by her). They could not provide a signature or name for the person who supposedly accepted this delivery, nor could they confirm the address it went to.

We sent a DPA s.10 notice - Next refused her on the grounds of 'contract performance'. We again wrote to next highlighting they had no right to default her, that there was no valid default notice, that the account was fraudulent and that they had no signed credit agreement. They didn’t want to know, and basicly wrote back saying 'after taking into account your points, we feel the default on the account is correct and will not be refunding the money you paid us.' Laughingly, in the same letter, they admitted that they could not find any signed contract with her, that they saw the account was fraudulent but said that "after two years since this fraudulent activity, we can only assume further orders are authorised by you." They also clarified that the 'debt collector' letter they sent was supposed to be a default notice, and while we had pointed out that it contained none of the prescribed terms, they still felt justified in issuing a default as "thats how the account was ran. If you could not afford it, you should not have spent"

They went on to say that they would not accept any further communication from us and that we needed to talk to the FOS if we wanted to take it further.

So Next are aware the account was fraudulent from day one. They have no agreement with my wife and they have acknowledged this. They didn’t provide a default notice. They extorted money from her with threats of court action. Yet, they still insist the default should remain on her file, they are legally allowed to process and share her data and that they are right in their position of not returning the money she was forced to pay. A FOs complaint went in and we will wait and see what that does.

The default remains on her file and it will be going to county court to get it removed when we have some other things out of the way first. We will also be claiming for the 20 to 30 hours of our time and money for each letter sent.

Good luck getting yours sorted! These guys will try anything and seem to not care about the law. Hopefully you can pull their paperwork apart. If they do take you to court, dont forget to make full use of CPR

[Tommy]

Re: Lewis group Next directory court claim.

Hi Ben.

The court paperwork actually came from Northampton yes. Howard cohen, well actually Lewis debt services when i call, agreed to take a £35 payment to hold it in house for 1 month.

In the mean time Ive told both TLG and Next that the agreement they sent me was unreadable and that i asked for the true agreement they would be relying on in court.

I also explained to both that i WORK FOR TLG and as such know my rights and the law regarding these actions and was STILL fobbed off and told to seek advice from a third party!!!

I think ill be sending pro rata offers of payment of £0-£1 monthly on my partners behalf to buy some more time.