It will cost you the price of a stamp and £1 to request a copy of the credit agreement. Without they are stuffed. Send the letter now!

Good news Chris. Best thing to do now is sit back and do nothing. Keep a low profile and give them no reason to look any more for the paperwork. Six years after the last payment you made, it all becomes unenforceable due to statutes of limitation. If they find a credit agreement, as Paul said, they can still seek enforcement. The sum is large (8.5K) you can bet they have already looked in all the places it should have been filed and not found it. Always a chance they might find it somewhere else, but given they don't know where it is, must be a good chance they will never find it. Thats assuming you signed something in the first place! Do you recall signing anything?

I won NEXT sent me all my information as directed by the court. Then the court ordered NEXT to pay me by cheque just under £300 in costs and compensation.

I settled with Barclays. Once cheque had cleared I wrote to court and advised them all settled and made a request with costs enclosed. I will PM you a copy of the letter and costs build-up.

The claim via moneyclainonline my wasted costs were rejected. But my second claim via local court (ie not using Moneyclaimonline) was successful.

On 04 May 2007 I received a letter advising me that since there was no signed agreement the company (Littlewoods) had taken the commercial decision to pursue the debt. Pursue or not pursue?

About the same time as mine then interesting.

Worm - What date was your account opened?

Wish you every luck Goldlady.

Well went to court yesterday and the excellent judge guided us expertly through the whole proceeding and duly issued an order for nearly £300 in compensation! She dismissed NEXT's defence using section 13(3) and agreed with us that they only complied after the first hearing and court order. The judged calculated the compensation using the time we had invested in bringing the action and also the time we had spent in the two hearings and used our earnings, she asked both how much we earned and got her calculator out! When NEXT objected saying the Data Protection Act says "individual" in section 13 she replied that I was there as a McKenzie friend and had been most helpful. Further if I had not assisted then my wifes claim would be for many more hours! So after rejected our offer to settle for £100 two weeks ago. They now have to send us best part of £300 and also paid for the local solicitor to represent them in court.

In court tomorrow at 10am, when hopefully will be the end of this case. Just noticed that NEXT's email refusing to settle is headed "WITHOUT PREJUDICE". Does that mean we are not allowed to show the judge if it comes up have we tried to settle with them?

Well believe it or not this case rumbles on. After the hearing in the judges chambers Next answered our questions on the Data supplied and then issued a statement of truth that they have nothing more, all as the judges order. We resubmitted the revised POC with unliquidated damages. The court then issued a notice and a date for court for September07 (in the next 14 days). NEXT replied with a letter to the court, "there is nothing to discuss the case is over, if we must attend can we attend via telephone". Well the judge then wrote to us and said do you object? Having no great desire to attend court we rang the NEXT solicitor and said make us an offer and we will settle. After a very unpleasant exchange he offered £75 to settle. I relayed this to the OH (it is her account) and she emailed him with I will accept £100, as a cheque, no confidentiality clause. We have a small balance on the account and have stopped all payments as they have no credit agreement. He has replied get stuffed, your wasting my time, no more offers, you should consider withdrawing the case! So will be faxing the court with I do not agree to defendant by telephone. As for court, will do some more reading up on the DPA. But have no idea at all if the judge can award unliquidated damages and what if anything to say in court. Any tips welcome as I begin some more research!

Vikki I had the same last week. Sent Debt Management a copy of my CCA requests to Next and confirmed that Next did not have a Credit Agreement. They wrote back 2 days later and siad the file was closed and they had passed all paperwork back to Next. No one called either, it is just scare tactics to make you ring and pay them.

What do you know it worked. Mrs Martian10 just called and I have an order from the court fro Barclays to pay me another £200 odd in costs by the 24JUL07!!!!

Found the answer to my question here http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

Right people, I sent all the usual letters from the template files on here. Then at the end of May sent my N1 form to my local court. When the Notice of Issue arrived from the court, I sent a copy recorded to delivery to AL&L and reminded them they were due to reply by the 15th June 2007. This was ignored by A&L so on the 27th June 2007 I sent the court the Notice of issue, duly completed to Request a Judgment. I also sent the court a copy of my letter to A&L to show they had definitely received the original order. Today I got a Judgment for Claimant (in default). So A&L have to pay up just over £180 within a month if they want this removed form the register! I am hoping that a stay or a plea that they didn't know about the proceedings is not an option as I sent it to them recorded. So time to send them another letter "I look forward to a cheque by return". Anyone know how long they get before I ask court for a warrant? Just thought I might mention it in the letter

Anyone know if InKogneeToh is ok? She hasn't logged on since the 1st June according to her profile. Plus her PM inbox is full so not receiving any more.

LMAO rory32 thats an understatement - have they provided any?

Battleaxe could you help? I have been asked by the judge to revise my SAR POC details on this thread http://www.consumeractiongroup.co.uk/forum/other-institutions/97799-next-directory-r-subject.html

The mysterious ways Next calculate the service charges (interest to you and me) are on this thread http://www.consumeractiongroup.co.uk/forum/store-cards/80872-next-directory-statement-interest.html If you want to complain to the OFT and get NEXT's conduct investigated check post #36 on this thread http://www.consumeractiongroup.co.uk/forum/store-cards/69695-next-directory-covered-cca-2.html

Excellent news and well done

No problem sparkie I appreciate the input.

Ok and thanks. I also have a leaflet I found online somewhere(?) it is called "Data Protection Act Taking a case to Court". It is by the Information Commissioner. It says part the way through that "Claiming for Unliquidated Damages". "If you make a claim for a breach of the Act together with a claim for unliquidated damages the defendant might (a) deny it (b) agree to breach and offer no compensation © agree and offer a sum of money (d) not respond." In the case of (b) and (d) you apply to the courts to decide. I think I am leaning towards chucking by POC with unliquidated damages for a small sum and see what happens. Unless there is another CAGer out there who can shed more light?

How about I use this clause 13. - (1) An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage. POC - "The Claimant requests compensation from the Defendant in accordance with clause 13.1 for their failure to comply with the Claimants request for Data under clause 7, in the sum of £200.00" Have to say it is not about the sum. More I think back, more am convinced judge wants to wrap Next over the knuckles by awarding some money! Any thoughts?

Have you sent them a SAR for all the information they hold? Will cost a tenner and take a while but afterwards they should nothing left that they have not sent you. Mind you I have ended up with court action to get my information http://www.consumeractiongroup.co.uk/forum/other-institutions/97799-next-directory-r-subject.html