Next Directory and Blank CCA

[The GodMother]

well i am ignoring studio cards demand for money and have made a formal complaint to TS and the OFT.

 

I am currently preparing my file for the FSO but before that i am making a F+F offer advising them this is the most they will get out of me and if they dont take the offer they will be have a complaint filed against them with the FSO.

 

They wont want the charge as it is more than i actually owe them.

[cheddar]

Well my neighbour came round the other day and mentioned that Cabot have been writing to her regarding this which she was amazed at. I asked her to bring over the paperwork and currently have a load of threatograms from the past 2-3 weeks. She sent them the embarrassed letter like I told her to 2 years ago to another DCA and they have come back saying we have been in touch with Next and here's your valid CCA - black application form and terms again, no date or anyones signature anywhere. Reading back on Next's replies they really are amazing saying that the ICO agree with them about not even needing a signature to enforce a debt etc

 

She actually brought a few letters from 2008 from DCA's Debt Managers Ltd, Russel & Aitken Solicitors as usual mainly threatening court but also offering 25% discounts etc, pretty much proof they know they don't have a leg to stand on. She says no one has rang or come round fortunately.

 

Next move for her? I am suggesting something along the lines of telling Cabot and Next they are breaking collection guidelines and complaining to the OFT etc?

[cheddar]

Cheeky bump

[maroondevo52]

Thread moved.

[cheddar]

Thanks Scott, can anyone advise my neighbours next move? I had dealings with Next and with Cabot but they went quiet, seeing as 3 different DCAs have popped up in as many weeks for me and Cabot again for my neighbour it wouldn't surprise me if I start getting ones about my old account as well! Why do they all seem to act at the same time? I've had nothing for ages! Anyway blank CCA so is the next step to send a letter, ignore or make a complaint to the OFT, TS etc?

[cheddar]

I printed out a letter giving Next/Crapbot another 21 days as they haven't complied with the CCA and gave it to my neighbour who sent it the same day via recorded. I have told her not to worry on this as they obviously don't have a leg to stand on. I've done the same for myself as Next/Cabot have started on me as well and did the same to me many years ago!! SO I just sent the 21 day later right away. Let's see what they come up with

[cheddar]

Ok so they have ignored my neighbour for now but have sent me the following, can anyone advise?

 

"....you have received our response to your request under section 78 of the CCA 1974. However you state that your agreement is unenforceable as it does not conform to section 60(1) and 61(1) of the CCA.

 

The information that Cabot have provided (a blank Next CCA with no signatures on it at all) in response to your request satisfies the definition of a 'true copy' in that we have provided a reconstituted copy of your credit agreement and accompanying T&C's. The definition of a true copy as prescribed in regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 states what information can be omitted therein. Furthermore case law shows that a 'true copy' does not mean an exact copy.

 

We would also like to highlight that the sole purpose of the CCA is for consumer protection, not to provide a method for the avoidance of debt, which we believe you are attempting in this matter."

 

They then go on to threaten me saying I have to ring or they will escalate this blah blah blah. I assume this is their usual stance? Ignore from here? This has been rumbling on now for over 3 years for around £150 which is now nearer to £200 when they slapped charges on. I doubt they will be taking me to court lol