next directory ppi/ppp

[sharpgun]

hi every one i posted this wher no one could see it so i have the right place now i hope
my mrs had insurance with next directory since 1991. 18 months ago i lost my job,she tried to claim but they said because i was self employed she could not claim,
She owed them 4 hundred pounds after not being able to pay them they entered a default notice against her.
then it was made public that the insurances that people had taken out with loans ,cards , etc were possibly incorrect so we looked and she paid ppi since 1991 without even signing anything. She rememberes this because years ago she questioned the insurance and they said she had to write in to say she didnt want it any more,but £5 when yiour working is neither here nor there. so any way on the 17th of last month we sent in a Subject Access Request from the templates on here.weve heard nothing
My question is whats the next stage.
and she has default from next on her credit file can we get it lifted and how?

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

	Credit Report Click link to open in new window.

[sharpgun]

1 sent the Subject Access Request 17th nov and yes she has been taken to court and she was paying ten pound a month but stopped a few months ago

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.

[sharpgun]

ok had a letter from next today with statements, well not statements (a print out) I now have some question's
1 the ppp as they call it seems to change every month is this right?
2 they have not given us a signed credit agreement just a credit agreement sent on there letter head with no signature or date looked pretty new to me
3 a default notice dated 2006 but with no signature ( i don't think they have a real one they just typed this one)
4 they charge a service charge monthly at 2.027% is this claimable?
any ideas anyone?

[sharpgun]

ok have this morning spoken to karen ward and she has told us that there is no signed credit agreement also they do not have a signed copy of the default notice that was supposed to have been received by us.
please can someone tell us the next thing to do

[sharpgun]

is this in the right forum ?

[pinknico]

with regards to no agreement and no signed default notice, I would post in the Debt forums for advice. They will know where you stand legally.

[sharpgun]

right have sent non compliance letter they havnt sent all information

[sharpgun]

question for someone?
can i apply to have the default set side on the basis of mis selling ppi,

[militantconsumer]

I believe it is common for Next Directory not to have copies of signed credit agreements, making the alleged debts probably unenforceable. Here is an interesting thread for some background reading:
NEXT Directory covered by CCA?

On the PPI, are you saying that she was still in work but tried to claim because you (not her) had lost your job? I think it would be hard to claim mis-selling if it can't be proved that she was misled into thinking that the insurance would cover this situation.

Also if they have a record of the conversation several years ago then the obvious question is why you didn't cancel the insurance at that point once you knew about it.

Another problem is how far back you are trying to claim. I know there have been successful claims more than 6 years back but if you don't have the paperwork it is going to be hard to prove anything or convince anybody that you can remember what happened.

Having said all of the above, if they have no signed paperwork then they are going to have a hard job proving that you ever agreed to being charged for it in the first place.

[sharpgun]

no she hasnt ever been in work since she has been with next she only tried to claim when i was out of work.
but the main question is can i set the default aside?

[sharpgun]

hello

[militantconsumer]

There is a section of the Forum that deals with default and credit reference issues.

In general it is VERY hard to get defaults removed because they do, after all, represent a part of a historical record of activity on the account - i.e. your friend did default. It is a long process with no guarantee of success at the end.

However, where there is no signed credit agreement (often the case with Next I think) then there may be a data protection issue to challenge them with. Have they obtained your permission to share your data with the credit reference agencies?

I suggest you do some reading on that section of the forum as a starting point.

	Credit Report Click link to open in new window.

[sharpgun]

they havnt got anything signed at all but surely the fact that she tried to claim the insurance and was told because she was not working and i was self employed she couldnt claim,she should never have had the insurance in the first place so 1 of 2 things are fact if it were genuine insurance they would have paid out and she wouldnt have a default secondly if it was misold they owe her more than she owes them because 15 years of insurance adds up.

[militantconsumer]

You are probably right, but it is going to be hard to prove something that happened so long ago.

Have you written to complain about this?

[sharpgun]

ok my thoughts are that it will cost £75 to apply to have the judgement set aside if they say no i wil go down the court route for misselling

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[militantconsumer]

Are you applying for a court judgment (CCJ) to be set aside? I thought from reading your earlier posts that you were trying to challenge a default?

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[sharpgun]

no sorry to mislead u yes applying to set aside

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[militantconsumer]

How did she get the judgment in the first place? Was it due to not entering a defence? Because if there is no signed agreement I don't see why the judge would find against you.

I assume you are unable to appeal?

What evidence are you going to offer to get this set aside?

I'm afraid I have no experience of these processes and so if nobody else comes along and helps on this thread you may need to ask in the Legal Issues area.

Our alleged outstanding debt is back with Next Directory after Moorcroft gave up chasing it when we told them there was no signed agreement in existence.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[sharpgun]

yes we applied for time to pay and then we forgot to pay so default was entered

[militantconsumer]

Ok.

I am assuming this means that:
1. they took you to court
2. either you lost in court or you didn't enter a defence, or you admitted that you owed the money
3. you filled in an income and expenditure form for the court and a court ordered payment plan was agreed
4. you defaulted on this payment plan ordered by the court

Have you caught up with the arrears?

Have they threatened to use court bailiffs to recover the money?

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales