Won case against Next but Lowell are taking me to court

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Good morning, I am not sure what to do on the form online where it asks whether I contest jurisdiction or not

[Diana M]

Re: Won case against Next but Lowell are taking me to court

I have now found the first court case claim number. The trial was on July 2012. Should I put the county court claim number as proof it has already gone to court when I write why I am defending this newer claim?

Perhaps the most effective way to deal with this claim is an application for a Summary Judgment. Once you've filed your AOS (stating intention to defend all of the claim) you will be in a position to do that.

You can read how the legal process works here > http://www.inbrief.co.uk/preparing-f...ary-judgement/

Before you do that (and pay the £255 fee unless you're entitled to remission) it will pay to do some homework to support your application.

Then you'll be looking at tactics and timing. This will depend on any level of resistance from Lowell's solicitors once you put them in the picture.

Whether you like it or not there is a court claim issued against you and it won't go away unless either the Claimant discontinues or the court disposes of it. Let's hope common sense prevails but that's not guaranteed

So get a copy of the original summons which will hopefully connect the two claims in the POC (Next account number or account opening/DN dates or amount claimed etc). Also get a copy of the Judgment which shows the claim dismissed (but won't show the account number etc). If you haven't kept these you can get them from the court where the hearing took place although they may charge you £10 per copy.

Once armed with the indisputable evidence that this matter was disposed of at Trial in 2012 you can consider how you want to make your next move.

Di

[Kati]

Re: Won case against Next but Lowell are taking me to court

Good morning, I am not sure what to do on the form online where it asks whether I contest jurisdiction or not

you only need to contest jurisdiction if you live in Scotland or NI I believe ( [MENTION=55034]nemesis45[/MENTION] ) xx

[Diana M]

Re: Won case against Next but Lowell are taking me to court

I attended the hearing and submitted defence. It was Next Retail limited and Howard Cohen and co solicitors.

Creditors will often say that just because a claim has been dismissed by the court that doesn't mean the money isn't still owed. It only means the debt is no longer enforceable in court. The creditor still has the freedom to sell the debt on.

However true that may be, they still have to abide by the FCA CONC handbook rules. I expect Next may have broken a rule.

To speed things up you may wish to make a complaint to Next in the hope that may trigger a conversation between them and Lowells. Next should have known that the claim had been dismissed even if Lowells don't.

Di

[ni-11]

Re: Won case against Next but Lowell are taking me to court

How do I go about complaining to Next. Shall I send them an email or does it have to be more official? I have also contacted my local court where the first hearing took place and they are sending me a letter with the judgement of the hearing but that is all they have to send me. I do have a letter from Howard Cohen that states the claim no, , my Next account number and the amount owed and the hearing date on it. Would that be sufficient along with the court letter as proof?

[Diana M]

Re: Won case against Next but Lowell are taking me to court

I have also contacted my local court where the first hearing took place and they are sending me a letter with the judgement of the hearing but that is all they have to send me. I do have a letter from Howard Cohen that states the claim no, , my Next account number and the amount owed and the hearing date on it. Would that be sufficient along with the court letter as proof?

Well you could write to Howard Cohen and ask them for a copy of the original claim since they issued it in the first place.

And while they're at it they could confirm in writing that the claim was dismissed too

Di

PS have you read post # 17 ?

[ni-11]

Re: Won case against Next but Lowell are taking me to court

I guess I could but I won't hold my breath. I have read post 17 and I am getting all the paperwork together

[nemesis45]

Re: Won case against Next but Lowell are taking me to court

you only need to contest jurisdiction if you live in Scotland or NI I believe ( @nemesis45 ) xx

Correct [MENTION=49370]Kati[/MENTION]!

ni I would go with [MENTION=6]Amethyst[/MENTION]'s advice in post #10 the best approach imo.


nem

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Hello again. I received today from my local county court a copy of the summons (spec only) and a copy of the Judgment. What should I do next? Should I contact Lowell? Should I write them a letter and include copies of the summons and judgment?

[nemesis45]

Re: Won case against Next but Lowell are taking me to court

Hello again. I received today from my local county court a copy of the summons (spec only) and a copy of the Judgment. What should I do next? Should I contact Lowell? Should I write them a letter and include copies of the summons and judgment?

Post suitably redacted copies of both items here please, any problems I'm sure [MENTION=49370]Kati[/MENTION] will assist.

nem

[charitynjw]

Re: Won case against Next but Lowell are taking me to court

Yes, it was dismissed at trial as they couldn't produce a signed by me credit agreement

Was the original agreement signed before 2007?

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Just one more thing, do I hide my name, or case number or both? (Sorry, but I haven't done this before )

[Diana M]

Re: Won case against Next but Lowell are taking me to court

I received today from my local county court a copy of the summons (spec only) and a copy of the Judgment. What should I do next? Should I contact Lowell? Should I write them a letter and include copies of the summons and judgment?

So you've now got copies of the court summons issued by Howard Cohen (instructed by Next Retail) and the Order dismissing their claim in 2012.

Do these documents demonstrate clearly that this is the same debt which Lowells have now issued a new claim for (just in case you had another account with Next in the past)?

Amethyst's suggestion of presenting Lowells with the indisputable evidence and asking them to discontinue or else face a Summary Judgement ought to work.

If not go with Plan B and make the application if that seems the right thing to do (without seeing the papers it's hard to be certain).

Di

[nemesis45]

Re: Won case against Next but Lowell are taking me to court

Just one more thing, do I hide my name, or case number or both? (Sorry, but I haven't done this before )

Both + Address.

nem

[ni-11]

Re: Won case against Next but Lowell are taking me to court

Was the original agreement signed before 2007?

I never had to sign an agreement