Hi Folks, I'm in the process of defending a CCJ for someone being pursued for Next Directory by Howard Cohen. I've obviously entered an emabrrassed defence stating that I havent had sight of any proof that the debt ever belonged to us, literally just had a claim form from them. Now the judge has ordered that I list everything that I want the claimants to disclose by wednesday. Letter came this morning, battered and opened so its obviously been held up somewhere. What exactly should I be asking for? Thanks guys so stressed and being sick and pregnant doesnt help! Thanks in advance xxx

Just realised this may need to be moved. So sorry mods. Had too many windows open at once!

I've previously posted about this CCJ claim that the above are pursuing but I need to enter my defence today and thought a seperate thread may get more attention. I've Cpr'd them and they've responded this morning with a document entitled- 'credit agreement regulated by the consumer credit act 1974' of course its unsigned and the surname is spelt incorrectly (one letter missing) and this spelling mistake is common throughout all correspondence. Additionally they enclose a statement of account, and a letter from Next advising they will pass to a DCA and some responses to the initial CCA request I made at the beginning of the dispute. My feeling is to now enter an emabarrassed defence? Under the CPR request shoouldnt I have also been served with the default notice (that I havent ever had) also?? Help much obliged, there is of course a donation to be made for all your hard work here. Thanks Guys...

If it came down to a gurantee with the director.. should there be a CCA in that eventuality as essentially thats what would be needed for enforcement??

It looks like she has but didnt know they could go after her personally as the box to sign says that for limited liability companies younger than 3 years the director/secretary must sign below. The defendant has stated that her company was over 3 years old but claimants sols are saying there is also a section just below the signiature box that says 'it must be completed some other circumstances'-it doesnt describe anywhere what these circumstances are however?? help! x

Bumping this please,...thanks x

Hi Everyone, I appear to have a mobile citizens advice set up in my lounge today and a very good friend of mine has asked, in desperation for help re her mum, the company director and a CCJ thats been applied for on the basis of non payment. Theres no credit agreement but a credit application form which is signed in the name of the business. The business has now folded and the claimants have come after her personally for the money. I've only just clapped eyes on it. I've only got the application notice from the claimants here at present-their relying on a witness statement of their solicitor and this application form. I've asked to see the POC and her defence-this being that she didnt know if it folded they would come after her for the money and that despite signing this, she never received any correspondence to confirm this agreement to her home address (this maybe irrelevant i fear) I was going to CPR them and go down the no credit agreement route. Can anyone give me any pointers please? I'm so greatful, have a nice evening everyone xx:|

HI Guys, A while ago I posted up about Howard Cohen issuing out of the Northampton bulk centre and put forward A CPR request and acknowledgment of service. This morning they have advised the following- Dear Mr name spelt incorrectly Re: Next Retail Ltd -v- Yourself I have been forwarded your e-mail below from one of our Partners, Michael McDonnell. After making enquiries with our client, I have been informed that they satisfied your s.78 CCA request last year by providing you a copy of a reconstituted copy of your credit agreement which complies with the provisions of the case law in the matter of 'Carey -v- HSBC'. I note your your CPR 31.14 request for documents so I have therefore requested copies of our client's responses and other documents that they intend to rely upon in this matter. Therefore, I have placed on hold on further action and we will furnish you with copies upon receipt of the same accordingly. Yours sincerely Howard Cohen and Co Shal I now submit an embarrased defence and rip into Howard Cohen for issuing without any documentation to support their claim. Obviously if they had the CCA theyd just say 'here it is'. Grrr. Help needed quite urgently guys as defence needs to be subitted shortly. Cheers:madgrin:

Sorry... where can I find the CPR request letter?

On behalf of Next. I've emailed complaints to the OFT, SRA and Attorney General re premature issuing and coercing people into paying up and i've CC'd Howard Cohens managing partner-Michael Mcdonald in. Shall get onto the AQ over the weekend as my head is about to pop now! Thanks so much for your help. i'll repost if i need any further help x

Anyone please?

Hi Everyone, My partner had a next directory account that we paid but then the minimum payment kept getting larger every month despite not purchasing anything. When next were queried they couldnt provide a reason and told us to 'just pay'. I then CCA'd them and we've been in a dispute for the last couple of months. Last week we had a letter from Howard Cohen saying we're going to issue if you dont pay-so I wrote back with an 'account in dispute' letter reminding them that they hadnt been able to provide a CCA. Today, papers from Northampton CC have dropped through our letterbox. I quickly called Howard Cohen-the number on the claim form is invalid to ask for their managing partners name so I could make a complaint to the SRA re premature issuing with no evidence to rely on. My initial thoughts are to make it so hot for Howard Cohen with the law society and SRA and get them to drop the claim ASAP. Obviously if they dont i'll have to enter the defence soon. Can I have your thoughts/advice please? Also-Howard Cohen are no longer registered as a practice??? Thanks so much guys xx

Hi Everyone Im attempting to start a PPI claim for my mum who took out a manged loan in 2003 with subsequent amendments to the payment amount in 2005. Ive SAR'd HSBC and received literally a foot of screen shots so cant work out whether any charges applied. Additonally, Ive had a copy of the CCA which im not sure is enforceable or not. What do I need to look for? Also, how would I even find out if PPI has been applied? many thanks in advance x

HI Everyone Ive just received the response to my mums SAR in relation to an old loan/overdraft, subsequent managed loan and possible PPI. The file of papers is massive and looks like screen print outs which I cant make head nor tail of. Where on earth do I start? Thanks in advance.

I'm an ex- CAB worker as it goes Hun and I've had a lot of training in DLA/the old IB50 forms so I applied what I knew to the ESA form. I filled it in very comprehensivley stating what would happen if I tried to do certain things or why I couldn't do certain things. Again using my worst day. It came easy to me as I was just getting over a 4 day stint in bed through my illness. No further submissions attached for my claim although I took all medication I had ever been given at the appointment. Good luck xxx

Well everyone! I've been put into the work related activity group so I passed! Was so pleased and one less thing to worry about. The worrying has made my condition horrendous of late. So i guess another success story... X

Thanks guys. You've been most helpful once you all stop scrapping.

Thanks for taking over my entire post. I've received no help whatsoever other than petty squabbling. So can anyone help me? Cheers

I get exactly the same 'you look ok'. I suffer from chronic pelvic pain and am currently off sick. I work in claimant litigation and so the morphine and other drugs mean I can't concentrate ATM not to mention the other issues which make leaving home impossible. I hope ESA people see sense. How do you control your fibro? I was told I'd just have to 'manage' as I was only 17-18 when I got the diagnosis. How so they treat it nowdays? Xx

Well done for 'passing'. I suffered from fibromyalgia up until I was 22ish and feel like I'm becoming symptomatic again of late. It sucks doesn't it chick. Poor you! I hope the lump sum came in handy. Thanks so much for your reply Hun. Xx

Hey all, I posted this in the disability section here but didnt get a response so i'll chance my arm here if thats ok. Just a few questions. I'm employed but because I took a full 12 months maternity leave I wasn't entitled to ssp when the maternity leave ended so I had to claim ESA. As I was living with my parents at the time I was told that the job centre wanted to know what my parents earned etc as I lived there. Knowing full well this was a load of poo I claimed contribution based Esa so the only thing they would need to look into was whether I had paid enough cons. Which I had. Anyway investigations showed that the chronic pain and illness I gave been suffering with over the last 6 years us ad result of the shape of my bowel. Currently I take various forms of morphine, fentanyl and oxycodone to control my pain. The nature of my illness also means that I can become incontinent. Recently I've had my work capability test and I'm praying I pass although I don't hold out too much hope. Anyway, can someone tell me how many weeks I need to be in receipt of ESA due to illness before I qualify for the disabled tax credits? I'm sure I meet the other points for it. Additionally as my capability test was carried out well over the 13 week assessment phase if (a big if) I do qualify for ESA support phase will they pay me the 30 odd quid top up from the 13 week point or just from the date of the assessment:)? Thanks for all your help guys. Xxx

Bump anyone?

Yeah whatever you do make sure nobody agrees to split liability without all sides knowing otherwise you'll jeopardise the uninsured loss element & the repairs. We work closely with one company notorious for wading in and they've got about 5 indemnity claims against them that just I know of. X

I maintain my stance. Like you say they know full well that people will buy things there for personal use. I've onky ever been in there once and full remembered items for an individual iykwim? Either way business or not items need to work and essentially be of satisfactory quality. Where did you see the terms that stated that nobody can be considered a consumer? Was it prior to the sale and was it clearly stated and easy to see? I think your credit card will say that their not paying because makro refuse to adhere to simple laws in relation to satisfactory quality and fitness of purpose. We need to find out what the business equivalent is to s14.2 of sga. Or indeed whether any of their t&c's state 'all our products will work and if not you can have a replacement or refund'. Threaten the small claims court? I think trading standards won't get involved as it's going to be a bit more difficult than a cut and thrust simple sga argument. Be interested to see how this pans out. Haven't had any involvement in consumer since my cab days around 4 years ago now as I work in personal injury ATm. Good luck all the same! Xx

I work in multi track claimant personal injury and I think the difficulty lies in that as soon as a solicitor became involved they'd probably send you a new bed and everything would be hunky dory but they wouldn't cough up any costs and if I'm that honest I wouldn't be that confident in issuing proceedings against them to recover costs. Whilst my understanding of this, is that this had exacerbated an existing injury not caused a new injury and because of that it would be extremley difficult to apportion blame or rather how much blame Argos should take. My professional opinion at a glass would be say 25% blame in which case I'd get bugger all back off them. That's the reasoning as to why noone will take it on. I think your better off pursuing for a full refund with the option of going down the small claims route to enforce your threats. You could be cheeky and say throw in an Argos voucher and refund and we'll leave it there. Although do it by paper, let them know the extent of your injuries though so they know your not messing about. Good luck doll xx