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Everything posted by lost24

  1. I replied to the above on 14/06/07 : - Thank you for your letter dated 12th June 2007 in response to my letters dated 19th April 2007 and 4th June 2007. Please note the following: - 1) My letters dated 19th April 2007 & 4th June 2007 (sent recorded delivery) requested that you issue me with certified copies of the CCA, Default Notice and a statement of the account. You have failed to provide me with these. 2) With no credit agreement in place can you let me know on what legal basis you are authorised to issue a default notice on my credit file and indeed access my credit file. 3) The copy of your letter dated ‘November 2006’ is clearly not a Default Notice as required by the CCA 1974. It does not clearly state the information required on a default notice and this letter is also undated. Regardless, this letter was never received by myself. As there is no CCA agreement, (and you have failed to provide a Default Notice) there is no contract with yourselves, therefore the Default Notice placed on my credit file is not in accordance with current regulations and should be removed with immediate effect. In light of the above I respectfully request that in light of the above, you remove this Default Notice from my credit file with immediate effect. I request written confirmation from yourselves that this notice has been removed from my credit file within seven working days or I will have no alternative but to report this to the Information Commissioner, The Financial Ombudsman and the Office of Fair Trading.
  2. Hi there, I am trying to get a DN removed from my credit file by Next Directory. I was in financial difficulty in 2005 which is now under control, Next transferred my account to an agency in December 2005, when they would not accept my offers of repayment (all other creditors did except Next & Sainsburys Visa). The agency then accepted my offer and I have been paying them ever since under a DMP. On looking at my credit file they have issued a DN against me on 13/12/05 which I did not receive. I only received statements from them and then the letter from the DCA. I looked on here and started the process to try get the DN removed as follows: - 19/04/07 (RD) 1st letter requesting CCA, true DM & deed of asignement & payment of £1 - which was cashed on 25/04/07. No reply 04/06/07 (RD) 2nd letter - advising them that they did not provide info requested - 44 days since letter sent, asking them to remove DN or provide information. 12/06/07 1st Reply from N - Thank you for your recent letter regarding your Next Directory account. I write to confirm that Next does not hold a signed credit agreement for you. Under section 127 (3) of the Consumer Credit Act 1974 this debt is therefore unenforceable. We must inform you, however, that we have received legal advice that an unenforceable debt is still a debt. When a customer opens an account with the Next Directory they are required to agree to our Terms and Conditions as provided in the reverse of the Directory, and on our website. By placing orders and accepting delivery of goods, a customer is deemed to have accepted these Terms and Conditions. As the goods that have been charged to your account have been ordered by and delivered to you, without payment in full having been made for them, your account remains in debt to Next Directory. This debt has not been assigned but is being managed by MoorcroftDebt Recovery on behalf of Next. As the debt has not been assigned an assignment notice has not been issued. However, I enclose a copy of the default notice that was sent to you, and there is no known requirement to provide you with certified copies. A default entry willtherefore remain on your credit reference file, which may affect your ability to obtain credit in the future. Making payment to clear the balance will enable your credit files to show as satisfied.
  3. Hi there - sorry to hijack your thread - hoping rory32's about?? Next have written back claiming they do not need to provide a true/signed default notice & that a signed application form (which they do not have) gives them authority to process my data????? Any ideas /template???? Ta
  4. Hi again, Sorry to be a pain! My original request was sent on 19 April 07 recorded delivery, I enclosed a cheque for£1 which was debited on 25 April, had no response - write again on 4 June 07 recorded delivery, they responded with a letter dated 12 June 07. Before I came on here today - I called the Information Commissioner and they said they couldn't deal with it!!!! So I wrote to Next to ask them to remove teh default notice as they do not hold any authority to access my credit file, and also that they did not provide a default notice. Then I thought I may have acted too quickly & came on here for advice!! Are there any template letters re Default Notices (no agreements/CCA/DPA) on here - the only one I could find were relating to defaults because of charges applied?
  5. Hi rory32!!! Thanks for your quick reply! I have written to them asking them to remove the default notice! I thought I may have jumped the gun though! So thanks for confirming. I am paying the debt through my DMP - but I did not acknowledge teh debt in my letter to them. I intend to pay them off - it is my debt - but can I threaten to stop payments until the default is removed - what action can i take if any, against them?
  6. Hi - I am in the same situation with Next! Follow the procedure in the linked item and good luck!
  7. Hi there - I too thought they were a good idea until things spun out of control for me. I was in the same situation and spoke to them - all they could offer was a 12 month loan for the value of the outstanding cheques plus interest - I'm not sure if it is an agreement under the CCA - no credit cheques were required - but you have to pay it by direct debit - this may give you some breathing space. Best thign to do is speak to them as I am sure you don't want to increase your debt! All the best!
  8. Hi There - can anyone help me regarding a deafult notice issued by Next Directory? I went into arrears with them in October 2005 & offered repayment according to National Debtline budget sheet & letters, and they continuosly refused - I continued to make payments even though they refused my offers and went on a DMP - the outstanding debt is still being paid through this DMP. I have looked at my credit report & I have a default notice from them, I never received any letters/notices from them and started the procedure as mentioned above. They have responded: - 1) They do not hold a CCA agreement with me. 2) The account is being managed by Moorcroft - I am paying a different company 3) The default will stay on my credit file for 6 years 4) Enclosed a copy of a letter, unsigned & undated advising that my account is in arrears advising of 5 options - 2) says a default notice may be issued - I have never seen this letter! They state that it is not a legal requirement for them to produce a certified/true default notice. 5) Their t&c's constitute an agreement - They do not not have a signed copy. My questions are 1) The letter enclosed does not seem to meet the criteria of what is supposed to be a default notice, regardless of this, I have never seen it before. 2) Can Next issue/amend credit files without a CCA agreement 3) Can anyone give me any advice please? Thanks in advance!!
  9. Hi there! Have accepted their offer, account has been refunded! Thanks to all who have advised me!!! Best of luck to all!!!
  10. Hi there - have had 2/3rds of the fees refunded to my account as of today! I really didn;t want to take them to Court because of the outlay and also it was my fault about the debt in the first place. I am satisfied with my refund and I just want to say thanks to all you guys because I wouldn't have known anything about unlawful charges if it weren't for you all! On another note I have made a formal complaint about Sainsburys Visa which the local trading standards are looking into!!! Good Luck & Best wishes to all members & future claimants!!
  11. Hi I received a letter from Littlewoods (even though RM says its not been signed for!) offering me the difference between the charges for £20 & their new cost of £12. Total of £144. I am tempted to accept as it will reduce debt to them and will reduce my DMP, no Court Costs etc., and they haven't asked me to sign anything!!!
  12. Yes - I do not want to have to pay the £80, I should have looked at the link before posting! This would be ideal - I didn't know they could get involved. Thanks again:)
  13. Hi Drew.1 I understand how difficult it is with everyone and I resisted going into the DMO - I tried to organise my payments myselft through National Debtline -but since handing it all over to CCCS its been much easier! Can you change over - if you can it would be worth it, and you can check progress of your DMP online! Its a good feeling to see your debts being reduced each month! I find CCCS very helpful.
  14. Thanks rory32 -I'm sorry to be a pain - So complain to FOS instead of County Court Claim?
  15. Sorry but I think that not only are they delaying tactics but they have details on their system when the account was opened and 7 May is a Bank Holiday and also my daughters 13th birthday. I think they are trying to scare me off!!!
  16. Hi rory32 So I make a complaint on 30/4/07 to FOS & commence proceedings on 30/04/07. Shoud I write to Sainsburys advising that I won't be in and also that the deadline is 30/04/07?
  17. Hi Drew.1 I am in the same position - I have a DMP with CCCS - I spoke to them about it and the above is correct. If you are successful then the funds would have to be repaid to the o/s debt! It should not have a negative effect on your DMP. Best thing to do would be to speak to Eurodebt. Good luck with your claims!
  18. PS - Also 07/05/07 is actually a Bank Holiday!!!!
  19. Hi can anyone advise me? I refused an offer on 16/4/07 and gave them another 14 days - to credit my account with 2/3rds or I would take them to court. To my calculations this date would be 30th April 2007 for me to commence proceedings. I just popped home at lunchtime and there was a letter from HBOS, inside is a card from Sainsburys Bank saying that 'their representative' will call at my house on 07/05/07, asking me to call them if it is not convenient. I'm on a DMP which has been in force for a year with no hiccups but before that they were constantly harrassing me on the phone at work, at home & my mobile. I wrote to them and told them to remove all my nos from their system and only to correspond in writing or I would report their behaviour to the OFT. They also called my mobile on 19/04/07 at 08:10 in the morning. How should I respond to this card and keep to my timetable???
  20. Hi again, I sent it by recorded delivery on 16/4/07 - last Monday, and royal mail delivery system says its not been delivered as yet..... -
  21. Hi dar3n I have all my statements (I even have my first salary slips from 1986) - so it was not needed! Is that ok? - I just sent the credit card letter showing total charges and requesting refund......
  22. Thanks - if they haven't received by Friday then I will send out another one to Barclaycard! Good luck in your claim also:)!
  23. Credit card letter to LPF sent 16/04/07 recorded delivery - not delivered according to RM as yet (23/04/07)!!! If it is not delivered by Friday should I send another letter to another address? If so which one should I use - there seem to be several around???
  24. Sorry, I didn't complete my post.... If they don't credit my account within the 14 days, then I definately will do a claim against them, the letter I wrote was 'without prejudice' so I think I'm covered if they try to settle after the 14 days????
  25. Hi, I know that if I win I'll get the £80 back but as I'm on a DMP all the funds would be refunded back to the visa account. Also my current emplyment is a bit tricky at the moment, the co may close and I want to reduce as much of my debt as soon as possible in case I am unemployed for a while!!
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