Won case against Next but Lowell are taking me to court

[Amethyst]

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

Next never had any agreements, well barring a few odd people who actually filled in the bit of paper that came with one of their first orders and sent it back ( ie. virtually no one) so they have always had difficulty enforcing debts. Lowell may well try coming back saying it isn't a regulated agreement (so s78 doesn't apply)- but it is, and it does, and this is second bite of the cherry with no improvement in paperwork so they are stuffed really.

Actually can you type out the Particulars of Claim from the claim form? ( unless you've already scanned them in for Kati)

Then we'll give you a hand with the letters.

[ni-11]

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

These are the papers I have. Two are from the County Council and the third is from the solicitors in 2012. All three have the same claim reference number and my account number with Next is only in the letter from Howard Cohen only.

[nemesis45]

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

These are the papers I have. Two are from the County Council and the third is from the solicitors in 2012. All three have the same claim reference number and my account number with Next is only in the letter from Howard Cohen only.

OK,

What was your defence here?

I believe [MENTION=6]Amethyst[/MENTION] is correct the Next Catalogues accounts were set up often by agreement that a credit account would be opened on the acceptance of the first order by the company.
Do you remember anything like this?
Was it this situation that caused the judge to strike out the claim?

nem

nem

[ni-11]

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

That they had no signed cca aggreement by me.

[nemesis45]

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

That they had no signed cca aggreement by me.

This is still the case?

nem

[ni-11]

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

Yes I never signed anything

[Amethyst]

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

Lol, I like that Howard Cohen letter. Unfortunately for them as Next offered consumer credit and allowed debt to be built up they are regulated under the consumer credit act whether they say so or not, as they found out by the judge agreeing with you in court.

The question about when you signed the credit agreement is still valid - but rather when did you open the account with Next ? Post 2007 the court has some leaway.

But then this is a second bite of the cherry attempt that should be struck out before you even get anywhere near arguing the CCA points.

[ni-11]

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

I probably opened the account around 2004, although I am not sure

[nemesis45]

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

I probably opened the account around 2004, although I am not sure

In that case they need the original agreement.

Time perhaps to be rid of Lowell now??

nem

[ni-11]

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

I am really fed up. Honestly. For four years they have been pestering me, Next have left the default on my account, they never removed it and it is the only bad thing making my score low. The reason it went to court the first time is because after being late for four days with my payment they closed my account, refused the payment from me and said they were taking me to court. I never refused I had the account. But they were really awful on the phone to me as if I was a criminal or something and that's when I thought of the cca. The judge wasn't very impressed when I told him that they had refused payment either

[Diana M]

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

These are the papers I have. Two are from the County Council and the third is from the solicitors in 2012. All three have the same claim reference number and my account number with Next is only in the letter from Howard Cohen only.

So the first claim was struck out not dismissed.

A strike out is a sanction by the court which is everlasting until or unless the court says otherwise.

Surely only the Claimant (Next) would be able to apply for relief from sanctions if the claim were to be resurrected?

Lowells were not the Claimant so they cannot apply for relief from sanctions at this stage - they'd have to make an application to be substituted as the Claimant https://www.justice.gov.uk/courts/pr...t19/pd_part19a

The strike out was over four years ago so the court will want to know why the Claimant has waited so long to make an application.

The answer to that would probably be because they knew it would be pointless (irredeemably unenforceable if no CCA when the account was opened apparently) so they sold it on.

I'll leave it to everyone else to discuss whether the way to circumnavigate a strike out is to issue a new claim

Di

[ni-11]

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

What shall I do now? Do I put those papers in my defence or go straight to Lowell hoping they will discontinue their claim?

[Diana M]

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

But then this is a second bite of the cherry attempt that should be struck out before you even get anywhere near arguing the CCA points.

Yes because that argument has already been had (and failed) in court four years ago

Di

[nemesis45]

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

What shall I do now? Do I put those papers in my defence or go straight to Lowell hoping they will discontinue their claim?

ni are Lowell aware that this has been tp court already and what occurred?
If not it would be a pleasant task to inform them what the outcome was and why the judge struck out the claim.

nem

[Diana M]

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

What shall I do now? Do I put those papers in my defence or go straight to Lowell hoping they will discontinue their claim?

You may end up having to do both simultaneously.

Di