bumping as I have exactly the same query.....

Anyone?

Hi PT Sorry but can you remind me (and others) what the remedy is for post April 07? I have tried to research this but cannot find it, all people seem to talk about is pre April 07 cases... Cheers UM

I noticed that no-one had answered this question.... anyone?

Hi PT Yes I ordered the goods in late 2007/2008 and intended to pay later - i.e. I knew that they were being purchased 'on credit'. But had no idea that I was entering into a credit agreement that could result in a default - indeed I signed nothing whatsoever. They started charging for late payments and then sent me a default notice and are now threatening to sue. On request for any agreement between us, Next sent me a photocopy of their standard precedent credit agreement with a compliments slip saying 'here is your agreement' but I never ever saw this before and certainly never signed anything. Has anyone been successful in such a post-April 07 case? I will have a look at s127(1) and (2) too.. thanks PT. UM:-)

Has anyone got some tactics to deal with a post April 2007 agreement? Next/Graham White are telling me they don't need an agreement due to repeal of s127(3). They have defaulted me and are claiming balance - their argument seems to be: 'of course it was a credit agreement - you took delivery of the goods, and didn't pay at the time so now pay up!' Has anyone ever had to sign a credit agreement with Next? When they sent me the precedent agreement with a comp slip, it was a document I had never ever seen before.

Hi Hhas anyone any experience of these? Basically they exist where the original payment terms are changed e.g. due to a further advance or a lump sum paid off etc - the law effectively constructs a new agreement (the modifying agreement) including all of the old terms but with the new payment details. As I understand it, if the original agreement was outside the CCA as it was for an amount in excess of £25k, but the 'modifying' agreement was for less than £25k the modifying agreement would now fall within the protection of the CCA. The result being that if it is to be terminated by the creditor, they must follow the default notice/termination rules in sections 87 and 88 CCA. I would be interested to hear from anyone who has argued this or has seen this discussed in a court judgement. Or just has a view either way... thanks

yeah I was thinking that was strange too - chez you say it was for your business but it was a consumer credit act agreement?

I assume then that no-one has actually won a case on this point, then - which doesn't bode well...

has anyone actually won a case due to an illegible CCA? Although thats what the regulations say, I wonder whether in court the judge says e.g. you can read the financial amounts so the fact you can't read all the Ts and Cs is immaterial....

once a claim is struck out, can the claimant simply issue a new claim form and pay a new fee or is that it, kaput, over, finito and the debt is extinguished?

Stat Demand issued against me and I filed a pretty comprehensive Application to Set Aside with Affidavit - DCA received a copy of my Application and have now written to me and the Court withdrawing their Stat Demand. You might think that was good news, however I have a couple of questions: 1. In my Application, I also requested an order that default information be removed. How do I still achieve that if there is now no hearing? I wanted to go to a hearing really for this reason... 2. What is the future for the debt? Can they still pursue me for it and issue county court proceedings against me? Or is it dead in the water because they have withdrawn their Stat Demand? Cheers for any responses. Undercover Mole

sorry, I did not realise this one might be statute-barred - if it was not though, and was set aside, or like in my case, they have decided to withdraw their Stat Demand, what other options are open to them... can they bring a normal county court claim for example, or do they have to cease all collection attempts?? I really need someone to confirm this either way... cheers

Does that mean they can't pursue the debt any more?

interesting - can you upload any text of letters you used and any responses you had?