Next Directory

[Damselfish]

Hi,

I have been chasing Next for a CCA for a few months, and finally, after 4 letters I had a response.

Basically they said:

They can confirm that we do not have a signed copy of your credit agreement, so I have enclosed a blank copy for your reference. Next acknowledges that the absence of a signed credit agreement means that the debt cannot be enforced by law, however, this does not mean that the debt does not exist. Next is entitled to pursue the debt as long as this does not include court proceedings and Next will continue to seek payment of the outstanding balance, until such times as it is paid in full.

They also say:

By applying for a Next Directory account, placing and accepting orders, and making payments you are deemed to have accepted the terms and conditions of the Account as detailed in the back of the copies of the Directory sent to you each season, and to have agreed to be bound by them.

They then go on to say:

We have a moral duty to accurately report all of our customer's credit hsitory and we have reported your credit history, including any late/non payments to both Experian and Equifax.

As the details recorded are factually correct, I regret that I am not able to comply with your request to remove all reference to it from our records, and from your credit files.

Please could I have some help with what to do next?

I want to tackle this on many levels:

• Data Protection - without a signed agreement they cannot presume agreement, surely? How do I get the records removed from Experian and Equifax. Can I write to Experian and Equifax, what do I say and will they remove the records?
• Without a CCA the debt is unenforceable, so how can they still try and and enforce it, albeit without going to the court. How do I respond to that please?
• How also do I reclaim charges and interest, which I believe they cannot charge me without a properly executed CCA. I would prefer initially to be able to write to them and request a refund, before going to court.
• OFT - how do I make a complaint to them, what should I say?

Thanks very much in anticipation of your help.

DF

[rory32]

You may wish to adapt this letter to your needs. Obviously you are not dealing with a DCA and Next have responded to your request be stating that they do not have a copy of the agreement, but the basic principles are the same.

I refer to my letter dated {enter date} which was delivered via Recorded Delivery to your offices on {enter delivery date}.

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the {enter date} I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time {debt agency name} purchased this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. These time limits expired on {enter date} and {enter date} respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on {enter offence date} this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to {debt agency name}.

I require the following action from {debt agency name} :

1. All payments made to date to {debt agency name} for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by {debt agency name}. Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force {debt agency name} or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

[Damselfish]

Thanks Rory32,

What sort of response did you get to this letter? Did you get your money refunded and compensation?

Thanks DF

[rory32]

You're not actually looking for compensation. What you're trying to make clear to them is that it is in Next's best interest to close your account, remove any adverse entries from your credit file and forget about you.

[Damselfish]

Yes, that is what I want! I have posted the letter today, so I shall wait with interest to see if anything changes! Did you get them to go away with your letter?

Thanks

DF