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I need a little guidance please. Next have said that I have paid £944.92 PPI since I opened my account BUT, they claim that from 1988 through to 1993 they operated an opt-out scheme!! They also claim that for the same years they asked customers if they wanted to opt-out on their monthly statements!!! They state in letter one that PPI became regulated by the FSA in Jan 2005 and any policies sold before that date were not subject to FSA rules. In letter two they state that Next are not regulated by FSA rules for insurance sales and so the fos will not deal with me if I wish to complain to them!!!!
I am really confused with regards to FSA rules surely Next in that case should not of being adding ppi to customer accounts? As I don't ever remember signing for PPI and its not mentioned on their terms and conditions nor have I statements back to those years for back up (how many would have)? should I chance the FOS afterall they can only say NO and then I could go down the line of the courts? I have now cancelled the PPI last month but even that was an event in itself!
I would be soooo grateful for any advice/guidance any of you could give me.
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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
Click on the above link to place your order - payment by Paypal.
_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
Thank you Paul and Alanfromderby for your reply. I thought I may have to go down the court route as Next are not going to budge. I have spoken to a few friends whom have an account with Next and they have all said that they never signed any documents with regards to agreeing to PPI but have all been paying it monthly. They to are now going to try and get their money back.
Thank you Paul and Alanfromderby for your reply. I thought I may have to go down the court route as Next are not going to budge. I have spoken to a few friends whom have an account with Next and they have all said that they never signed any documents with regards to agreeing to PPI but have all been paying it monthly. They to are now going to try and get their money back.
I will let you know what happens.
Kind regards
Maria
Hello Maria,
Did you sent next a Subject access request for information that they hold on your account. They must be able to produce some evidence that you agreed to it. They just can't apply it without your agreement... Well supposedly anyway.
They had to prove to you that you did agree, so keep at them and they will budge. I would be asking for evidence that you agreed, the name of the insurer and the terms and conditions of the ppi.
Good luck and keep us posted,
If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW
Did you sent next a Subject access request for information that they hold on your account. They must be able to produce some evidence that you agreed to it. They just can't apply it without your agreement... Well supposedly anyway.
They had to prove to you that you did agree, so keep at them and they will budge. I would be asking for evidence that you agreed, the name of the insurer and the terms and conditions of the PPI.
Good luck and keep us posted,
Hi........I have sent a letter to them asking for evidence of the agreement and a copy of the insurance policy so that should be interesting!
I shall keep you up to date, Next do take their time in replying.
Received today from Next Directory a letter advising me that my correspondence has now been forwarded to their Legal Team who will respond to me directly.
Not sure if this is their intent to frighten me, or maybe their Legal Team hold all the documents that I have requested in my last letter!!
NatWest Claimed £1,639. Accepted £1,344.
Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
Barclays 1 Claimed £1,260. Won by default. Paid in full
Barclays 2 Claimed £2,378. Won by default. Paid in full
Birmingham Midshires. Claimed £2,122. Accepted £2,075.
No I haven't but I did ask them to provide me with copies of the agreement with my signature, terms and conditions, name of insurer, copy of the letter they supposidly sent to customers with the opt-out scheme and a statement with the part to cancel PPI.
Do you think I should still ask for the S.A.R or as it is now in the hands of their legal team should I wait to see what they have to say?
Absolutely, 100%, and do it now. It costs £10, is legally binding, and "should" tell you everything you need to know.
I say should, but, because they are getting wise to the situation, in my opinion, they will do everything they can to /dispute/distract/delay/prevent our claims from succeeding, and their tactics will get worse, as the claims come in.
.
I Wish you everything you wish yourself.
.
NatWest Claimed £1,639. Accepted £1,344.
Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
Barclays 1 Claimed £1,260. Won by default. Paid in full
Barclays 2 Claimed £2,378. Won by default. Paid in full
Birmingham Midshires. Claimed £2,122. Accepted £2,075.
Absolutely, 100%, and do it now. It costs £10, is legally binding, and "should" tell you everything you need to know.
I say should, but, because they are getting wise to the situation, in my opinion, they will do everything they can to /dispute/distract/delay/prevent our claims from succeeding, and their tactics will get worse, as the claims come in.
Thank you I shall request that tomorrow. Should I send it to the person I was corresponding with?
Mark if for the attention of, The Data Protection Team.
Recorded delivery, £1.04p, get a receipt as proof of postage.
Get yourself a folder, mark it up "Next" and keep a copy ALL correspondence.
.
I Wish you everything you wish yourself.
.
NatWest Claimed £1,639. Accepted £1,344.
Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.
Barclays 1 Claimed £1,260. Won by default. Paid in full
Barclays 2 Claimed £2,378. Won by default. Paid in full
Birmingham Midshires. Claimed £2,122. Accepted £2,075.
Hi.......Received a reply today from Next Directory Data protection/Legal Advisor. This is what they said.
"The PPI was included from th outset of your agreement in 1989. As has een explained this policy would have been detailed in documents provided to you at the time and has been detailed on every statement of account sent to you in nearly 20yrs. I cannot accept that we have not made you aware of the existence of the policy.
It is not possible to produce documents from so long ago however I enclose the most recent terms of the policy. I am satisfied that you have been made properly aware of the existence of the policy and you have enjoyed the benefits of its cover.
I am aware of letters of the nature of the one you have sent being available on the internet. These are intended to relate to rules regarding the sale of such policies introduced in 2005. These rules were not retrospective and it is not possible to apply those standards to a policy sold in 1989. Notwithstanding this the limitation act 1980 provides that there is a time limit during which claims can be made and in the ordinary course of business is 6yrs. Given the 19yrs since the sale of the policy any claim relating to its sale would fall under this statue. I can therefore inform you that Next will not be making a refund on your policy".
Attached was an illegible copy of their payment protection plan. I have requested an S.A.R. With the Limitaion Act being 6yrs I should then be able to claim for the last 6yrs payments just the same as claiming bank charges for 6yrs. Not sure what I should do now.
Hi everyone........Received this morning my subject access report for last 6 yrs. Loads of stuff I don't understand but on the earlier statements its really hit and miss and also there is no mention of PPI payments and on some no mention of account payments either!!! According to these statements 2002-2005 no ppi payments were made even though I have a letter from them stating that I have paid £944 since 1989? Also I have found in my file some statements back to 93 with it on. They have also said that as far as they are concerned the matter is now closed I am so maaaaad.
I would be grateful if someone could be so kind to let me know what to do next and bring me back down to earth even if only to say leave it at that.
Should I respond to them, take them to court as every letter I have had from them is contradiction to the last or should I walk away????
I personally believe Next misold me both PPI and credit some time ago when I was only 17 years old and still at school. They added PPI to my account even though you cannot accept PPI when you are not in a full time job - the logic being PPI protects yours paymenst as a result of loss of employment but if you have no employment to lose, there is no need for PPI.
They also gave me credit when I was underage (under UK law you have to be 18+ to be able to be offered any credit).
There is no signed credit agreement in effect either.
I am taking Next to court and have a date set in Feb 2010. If you too were mis-sold PPI or credit by Next Directory, or have credit with Next and no signed credit agreement, please drop me a line.
I am in exactly the same situation with next they have been adding PPI to my account since it was opened in the late 1980's they state that PPI is added to all accounts automatically!! Apparently I was given the option to opt-out but they have no records going back that far so not sure wat I should do.
I sent them an SAR and all I got back was a credit agreement without my name and address and no signatures I think it had just been freshly printed off, a printout of my statements and no PPI agreement.
I would be really interested to hear how you get on in court.
I am off to court this Friday (12th) as Next refuse to accept they have done anything wrong. Like you guys, I was never asked if I wanted PPI and was never made aware PPI had been added. Does anyone recall the first month PPI was mentioned on their statement? I seem to recall it may have been called Service Charge for a good many years.
Re: Next Directory ppi
since I opened my account
BUT, they claim that from 1988 through to 1993 they operated an opt-out scheme!! They also claim that for the same years they asked customers if they wanted to opt-out on their monthly statements!!! They state in letter one that PPI became regulated by the FSA in Jan 2005 and any policies sold before that date were not subject to FSA rules. In letter two they state that Next are not regulated by FSA rules for insurance sales and so the fos
surely Next in that case should not of being adding ppi to customer accounts? As I don't ever remember signing for PPI and its not mentioned on their terms and conditions
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Originally Posted by mariab8817
