Hi all

My gf decided to send some CCA requests after i had done so with the brilliant advice on here and i enclose the reply she got from NEXT. I know they can send a true copy but what does that actually mean?

If you look, they say they enclose 3 sheets: true copy, current copy, statement of account

BUT there are only 2 bits of paper attached, so i dont know if thats a genuine mistake, or if they mean the true copy and current copy are the same thing??

My main question is, what should we do in reply- keep paying? (its currently on a DMP) or tell them feck off

as far as i know this would have been a next catalogue debt

the letter was sent to Moorcroft who must have sent it to next.

It seems this is a blanket letter thats not even been read: i used the template on here and nowhere does it say that the debt is unenforceable like they claim i stated??

thanks

tre next.pdf

check through their paperwork with a fine toothcombe. Next will try to fob you off with a doc that does not comply.

a pre April 2007 true copy/recon can be problematic for the creditor, where enforcement via the courts is concerned (ccj). They can however sell the debt and/or try to chase for payment.

If the paperwork they have sent does not comply and they sell on the debt or a dca sells on the debt, you can send Next or the dca a sold whilst in dispute letter.

check on this site as to what should be included following a c/a request and what is, is not enforceable.

When was the account opened?

If youre unsure, the start date should appear in the credit files on clearscore and/ir noddle.

Pre april 2007 it must be the original

Post april 2007 it can be reconstituted

These dates are important

Hi everyone

thanks for the replies. On the paperwork they sent the start date is 17/10/05 and also on the t&c sheet there is a small part that says " until the 24th nov 2005" so it must have bene opened before then

so you think they cant take this to court? ive read that by placing orders and paying for them this constitutes some sort of agreement but doesnt that matter in this case?

reading between the lines the letter seems to have a general tone of "we can report you to the CRA" but not much more

thanks

They need the original pre 2005. They know this and hope you dont

ok, so whats my next steps. Do i need to write back to them or what?

thanks

If they havent fulfilled the cca, just ignore them. If moorcroft are involved, then the debt is likely unenforceable. However, start doing your homework. Check for reclaimable charges etc.

Reclaimable charges? what kind of charges are they?

Late payments fees, overlimit fees, returned dd fees, anything that has a fuxed fee

ok, so these can all be claimed back if she can find them on her account? is there a time limit on any of these?

thanks

i thought all that had been stopped years ago, but ive just read not!

It was stopped for bank accounts unless there is clear "financial hardship", that may give rise to a claim.

For all other account types they are still reclaimable.

You would need all the statements in order to establish all the fees charged, if you dont have them then a SAR would get you them from the original creditor.

There is the 6 yr limitation rule but this can be overcome virtue of s32(1)© of the limitation act 1980, which clearly states that the limitation period does not begin until the "mistake" was discovered by you.

thank you very much!

Your welcome, get a SAR off to them if you dont have the statements, there are templates in the library, do not simply print and send, adapt it for your own needs and dont post the template on thread.

Include a £10 postal order for the statutory minimum fee