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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? :-|
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?
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
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: http://www.consumeractiongroup.co.uk...vered-cca.html
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.
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?
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.
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.
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.
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?
next directory ppi/ppp
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
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