NEXT Retail - Blank agreement

[alfwithhair]

My son sent a CCA request to NEXT Retail on 28th November 07.

Today he recieved this;

 

 

 

 

I take it what they have sent does not constitute a properly executed agreement. Any suggestions as to what he should put in a response letter?

 

Thanks folks

Alf

[alfwithhair]

Anyone got any comment regarding this bumf Next have sent?

[PriorityOne]

If they've sent you a hypothetical Agreement with no sigs. on it, then they are piddling in the wind.... The signature is the proof that a person entered into the Agreement. No sig = no enforceable Agreement.

 

I will have a look through my files to see what I sent one of mine who tried to pull a similar stunt.... back later.

 

[pt2537]

Hi Alf,

 

it also helps to have the name and address of the creditor on the credit agreement.

[pt2537]

Dear Sirs,

Account no xxxxxxxxxxxxxx

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An unsigned credit agreement with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until xx/xx.2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

Id throw something like that at the Idjits

[PriorityOne]

Oh curses ! Paul beat me to it, after all....

[pt2537]

Ha,

that makes up for the other day then:)

[alfwithhair]

thanks guys.

[alfwithhair]

Well since replying to next (18-12-07) with Pauls letter in post #5 regarding the blank agreement they sent as a valid CCA, son has heard nothing until today.

 

 

So does he just sit and wait or contact them again?

They are well passed the 12+2+30 day now and all he has received is what is in post #1.

 

Many thanks

ALF

[42man]

This is right up against the OFT's rules....which say...

 

Section 28 (k) - not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

[The GodMother]

Nice to see they follow the OFT rules still. Must be as bad as Moorcrap.

 

Chrissi

[alfwithhair]

Well they are all the same. A law unto themselves. Guidelines and Rules don't come in to the equation.

 

I think a letter to them pointing out such might be forthcoming.

Anyone got a good one I could send them?

[PriorityOne]

I wouldn't worry about a letter at this point. If/when they flog it on to the next (excuse the pun ) group of unsuspecting bergers, you can then inform them that the account is still in dispute from a CCA request to Next on xx/xx/xx.

 

[The GodMother]

yer how about.

 

unless u f*&% o*& and go away l will be considering all future letters regatding this debt harrassement.

 

Chrissi

[alfwithhair]

Well my son held back on a reply to Next last letter (17-01-08) as was advised. Next were true to there word, they did indeed pass to a DCA whilst in dispute.

He received this from Lewis Debt Recovery, this morning.

 

 

Next has never issued a default notice for this account either.

He noticed that the balance had increased by £8.69 from Next last letter too. This seems an odd amount.

What would be the required response to Lewis's demand?

The "I am rather bemused why you have contacted me" letter are something a little stronger?

Thanks for your help as always folk

Alf

[The GodMother]

the l am rather bemussed letter will be fine.

 

I have had one dealing with Lewis debt recovery which is nearly 2 years ago now. they placed my account on hold whilest waiting for my complaint to be delt with and they have not got back to me.

 

Chrissi

[pt2537]

Hello Alf,

 

id go along with that mate, there is little to say to them TBH, the im bemused letter would be as good as any

[alfwithhair]

Ok thanks Paul . Will do.

[The GodMother]

Oh l love the email addy they have.

 

lCanPayU

 

How about one called

 

U Have Not Provided A CCA.co.uk

 

Chrissi

[alfwithhair]

Well recieved a reply from Lewis in response to CB's "I am rather bemused letter" sent 7th February 08

So the CCA is not available? Well thats hardly suprising since one was never sent or signed.

They state they will still take their clients intruction in respect of the debt.

Now if there is no signed CCA and also no default notice ever issued, this is a NO GO, NO WIN case for them surely?

Next (no pun intended) manuscipt as to a reply required please

Many thanks as always

Alf

[pt2537]

hi alf,

 

i think i can come up with a killer letter that will despatch them with ease and point out a few glaring errors in their letter

[alfwithhair]

Thanks Paul, if you could do that it would be very much appreciated.

I look forward to receiving it.

Many thanks

Alf

[skp27]

Yep, that is EXACTLY the same letter that I received today!

[42man]

Absolutely right Alf, no agreement completely unenforceable....I love the way they say 'monies owing under the agreement' ....WHAT AGREEMENT ?? - sned them the letter that Curlyben wrote on the other Next thread...

 

Copied courtesy of Curlyben...

 

Account In Dispute

Letter Before Action

 

Dear Sir/Madam,

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

As **DCA** 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 fourteen (14) 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

[skp27]

Should this letter go to Lewis or Next? I would assume Lewis, but it's always worth checking!