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Next Directory, IQOR Urgent Help please


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:confused: :confused: I need some help as to what to do next, please.

 

About 5 months ago I CCA'd Next Directory, as they were being difficult when I needed to reduce my payments because of a change in circumstances.

I have had the 'no credit agreement' letter which i knew they would send, I sent them a letter offering to pay £15 per month, which they've just totally ignored, even though it went by special delivery.

 

Anyway Ive now received a letter from IQOR acting on behalf of next directory, stating that if i dont pay the full balance immediately, then they will commence court action.

 

What should I do next??

Any ideas?

 

Thanks

Karen

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Don't worry help is on its way, when some of our members

 

1. Return from work

 

2. Wake up

 

but generally speaking if there is no CCA then the debt is unenforceable, just keep paying the way you have DIRECT TO NEXT not IQOR who ever they are.

 

 

----------------------------------------

10 Years Finance Fraud Investigator

 

5 Year High Court Sherifs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

** Credentials **

 

10 Years Finance Fraud Investigator

 

5 Year High Court Sheriffs

 

2 Years Tip Staff Royal Courts

 

Currently : HMCS Enforcement Officer

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Easy one.

As Next have admitted NO agreement the Igor don't have a leg to stand on.

Fire this off to them:

 

Account In Dispute

Dear Sir/Madam,

I refer to my recent correspondence with Next concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As Next have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

  • Haha 1

Be VERY careful whose advice you listen too

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  • 3 weeks later...

That is an excellent letter, the problem is although I have the letter from Next stating no credit agreement, I cant find copies of the original CCA rerquest to them, should I still send this off.

 

Ive also just had a very nasty telephone experience with IQOR this morning, Ive never not offered to pay a monthly amount, but the amount I offered was refused and almost laughed at because Im working, she asked for detail of income etc.. and I told her she wasnt getting that information, i also informed them that Next had no credit agreement... but the constant reply was ...well youve had the goods, I also explained that they'd broken the data protection act by handing my details to them, to which snotty woman replied, I will inform my manager of this converstaion and put the phone down.

 

Any ideas please for a really good letter covering all of this.

 

Many thanks

K

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Hi I would send letter to next stating they have made a statement under s77-79 CCA 1974 and under the act etc

I have enclosed an excerpt from the CCA1974 Act;

172 Statements by creditor or owner to be binding.

 

(1) A statement by a creditor or owner is binding on him if given under—

 

section 77(1),

section 78(1),

section 79(1),

they have said they will not persue and they are.

 

I am in the process my self of creating a letter for Littlewoods for the same thing same DCA iQor recovery services.

all the best dpick

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Dont worry about the fact you cant find hte CCA letter, that at this stage is irrelevent, you have proof that they say NO Agreement so thats all you need

 

 

oh I see theyve used the old " Youve Had The Goods statement" blah blah blah blah at the end of the day their behaviour is unreasonable and they deserve everything they get

 

Time to give em a Slap!!

 

 

NO CCA = NO ENFORCABLE DEBT full stop

 

 

Regards

paul

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Sorry to be thick, but is the above letter, CCA ing the DCA? with im confused by the paragraph.....

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

or are these the time limits that Next had.

 

Sorry

K

xx

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Sorry to be thick, but is the above letter, CCA ing the DCA? with im confused by the paragraph.....

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX ( in hereyou would put the Date their 12 working days expired)and XXXXXXXX ( in here you would put the date the 12 working days plus the 30 calendar days expired)respectively.

 

or are these the time limits that Next had.

 

Sorry

K

xx

 

its the time limits for next

 

i hope this helps

 

Regards

paul

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Many thanks for you help, the letter is going by SD this morning, just another quick question, what happens if

 

a) they dont reply in 7 days

 

or

 

b) say well take us to court.

 

 

????

 

Thanks again

K

xx

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Many thanks for you help, the letter is going by SD this morning, just another quick question, what happens if

 

a) they dont reply in 7 days ( Then Complain to trading standards and get then to kick their bottoms)

 

or

 

b) say well take us to court. ( cross that bridge when it happens)

 

 

????

 

Thanks again

K

xx

 

 

that about sums it up

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hehehehehe

 

now theres a surprise eh;)

 

Next will probably pass this straight back to another DCA so be prepared,

 

just follow the same procedure and if that does happen a complaint to trading standards is a must

 

regards

paul

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