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We have received confirmation from next that they don't have a copy of a cc agreement for an account that they have passed onto lewis debt recovery. Any ideas on where we stand now?
I'm also waiting on a cc from next. if they haven't got it, and have stated they haven't got it, where is their proof that there is a debt? i would ask them to settle your account with a nil balance and remove any adverse details from your credit file.
All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.
Thanks for that, is there a template to send i seem to remember seeing something.
Good luck with yours, next seem to want to rely on goodwill to settle the debt , but where is theirs when we ask for a little help.
If you don't ask you don't get.
Figured i would send this to next any opinions most welcome.
Dear mr/mrs next
Thank you for your letter acknowledging the fact that there is no credit agreement for this account.
As you are aware under the Consumer Credit Act where there is no agreement the debt is unenforceable and any attempt to do so is an offence. Therefore I require you to settle the account with a nil balance and remove any adverse entries on my credit file. The lack of an agreement is a full defence in any attempt to take this matter to court.
I read an interesting post on this last night - here's the link (hope it works): http://www.consumeractiongroup.co.uk...help-what.html. Its quite confusing to follow, but after reading it through a couple of times its much clearer now with regards to what happens if your creditor can't provide a copy of the CCA. Hope it helps!
Was hoping for some feedback on the letter but have decided to send it and see what happens.
When we sent our cca request they didn't reply until the 11th day.
This is whats on nexts website regarding their T & C:
Next Directory Account Details
I understand that a credit account will be opened for me and that there will be a £3.75 charge for the Next Directory which will be invoiced later. I confirm that I am over 18 and UK resident. I understand that a Card may be issued to me to allow me to use my Account in store to return, exchange or purchase. (Store transactions will be charged to your account normally within 1 day of purchase and purchases from the Next Directory will be charged 10 days after the goods are despatched.)
We will make searches about you at credit reference agencies who will supply us with credit information, as well as information from the Electoral Register.
The agencies will record details of the search, whether or not credit is granted.
We may use credit scoring methods to assess your application and to verify your identify.
Credit searches and other information which is provided to us and/or the credit reference agencies, about you and those with whom you are linked financially, may be used by Next Directory and other companies if credit decisions are made about you or other members of your household.
This information may also be used for debt tracing and the prevention of money laundering as well as the management of your account.
Information held about you by the credit reference agencies may already be linked to records relating to people with whom you are linked financially.
For the purposes of credit searching you may be treated as financially linked and you will reassess with reference to any "associated" records.
If we enter into a credit agreement with you we will also supply details of your agreement with us to the credit reference agencies, as well ongoing details of your account and how you manage it.
I have written confirmation to say that Next do not hold Credit Agreements, so this is basically aload of crap. They can not enforce the debt without the agreement and as per their T & C, if they enter you into their credit system then you will recieve it. None of this is worth the paper its written on. I am going to print this off the website and use it with regards to telling them to get stuffed:grin:
If you do not repay on time, or in full, we will tell the credit reference agencies who will record details of the debt.
All this information will be seen by other organisations carrying out later searches.
You have the right of access to your personal records held by credit reference agencies and we will supply their names and address upon request to the Data Protection Manager, Next Directory, Desford Road, Enderby, Leicester, LE19 4AT or via dataprotection@next.co.uk.
The credit reference agencies may also use the records for statistical analysis about credit, insurance and fraud.
We may make periodic searches of group record and credit reference agencies to manage your account with us, to take decisions regarding credit, including whether to make credit available or to continue or to extend existing credit.
These searches will not be available to other lenders for credit assessment purposes.
We may also use your information, including shopping habits, to open and run your credit account including payment recovery, fraud prevention and debt tracing and for our marketing.
We may contact you for marketing purposes by mail, telephone, email or otherwise.
Next Directory is a trading name of Next Retail Ltd and a member of Next Group Plc. Some of the information you provide may be transferred outside the European Economic Area for processing. However, strict rules regarding the confidentiality of security of your information are in place to safeguard it.
I have now written to NEXT and told them no agreement so no more payments. Am sure it will now get more interesting and will keep you informed. The account balance is £500ish
Very interesting read, thanks, can't believe they are so ignorant of the law or just choose to ignore it. Anyway my wife decided to continue paying the DCA instead of telling them to go forth and multiply i was not best pleased, especially when the dca phoned up and said the CCA did not apply!!!
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