BerryN -v- NEXT

[BerryN]

Hello!

 

A few years ago, I defaulted with NEXT and they put it on my credit file. ANyway, to cut a long story short, I ignored them for ages and they went away. I then decided that I would deal with my debts (many on here! thanks guys) and wrote to NEXT with a copy of my credit file showing their default asking them what it was and how to sort it out. They sent me a letter back stating they knew nothing about it so I thought happy days and left it.

 

Today, a few years later, I have received a letter from Robinson Way & Co stating the following:

 

Amount Due: £146.80

 

YOUR ACCOUNT WITH NEXT DIRECTORY

 

Please note we have purchased and are now wholly responsible for administering your account noted above. All future payments and correspondance must be sent to us, Robinson Way & Compnay Ltd at Scottish House, Carolina Way, Quays Reach, Salford, M50 2ZY

 

To prevent further action being taken to receover the full sum due it is essential that you agree a repayment plan to pay your account, immediately.

 

Please note for Data Protection purposes we are now the data controller for your controller.

 

Yours faithfully

 

Collections Manager

 

 

OK - first things first - why are they chasing this years after they left it alone. Also, I have a new NEXT account with £1500 limit that I don't use so surely they could have used their brains and added it onto that - not a great deal i could have done to dispute that!

 

Do I CCA them as they are a catalogue or what do I do now??

[Guest wino]

How many years later is it?

[loyalbrummie]

Hello!

 

A few years ago, I defaulted with NEXT and they put it on my credit file. ANyway, to cut a long story short, I ignored them for ages and they went away. I then decided that I would deal with my debts (many on here! thanks guys) and wrote to NEXT with a copy of my credit file showing their default asking them what it was and how to sort it out. They sent me a letter back stating they knew nothing about it so I thought happy days and left it.

 

Today, a few years later, I have received a letter from Robinson Way & Co stating the following:

 

Amount Due: £146.80

 

YOUR ACCOUNT WITH NEXT DIRECTORY

 

Please note we have purchased and are now wholly responsible for administering your account noted above. All future payments and correspondance must be sent to us, Robinson Way & Compnay Ltd at Scottish House, Carolina Way, Quays Reach, Salford, M50 2ZY

 

To prevent further action being taken to receover the full sum due it is essential that you agree a repayment plan to pay your account, immediately.

 

Please note for Data Protection purposes we are now the data controller for your controller.

 

Yours faithfully

 

Collections Manager

 

 

OK - first things first - why are they chasing this years after they left it alone. Also, I have a new NEXT account with £1500 limit that I don't use so surely they could have used their brains and added it onto that - not a great deal i could have done to dispute that!

 

Do I CCA them as they are a catalogue or what do I do now??

 

Please note for Data Protection purposes we are now the data controller for your controller.

 

First thing i would do is write to them asking what the hell this line means .

 

Then have a read of all the wonderful threads on here about robinscum way , and most importantly RELAX , these people are vermin who pray on the weak and defenceless (like they thought we all were at one time )

With the help of the good people of CAG , you will find the confidence to fight your corner and win.

[tooth_fairy]

Unlikely Next will have a CCA, try having a search on here, there are a few threads about Next.

 

Now, also have a look at Diskmandave's threads re Robinson Way, absolute menace's to society but generally buy unenforcable debts anyway.

 

CCA Robinson Way, make sure you clearly spell out to them about not using your £1 fee against the balance, as they generally turn around and say that your payment is insufficient!

 

Also, use a postal order so they cannot get your bank details from your cheque and please don't sign your letter as they will superimpose signatures onto agreements.

 

Keep us posted, likely to be a battle but one you probably will win.

[BerryN]

CCA sent today Recorded Delivery with £1.00 order.

[BerryN]

I meant CCA request sent today! haha... sorry

[BerryN]

Blimey!!! Just received another letter in the post from R, W & C:

 

NOTICE OF LEGAL PROCEEDINGS

This is not a court document

 

To: BerryN

 

From Robinson, Way & Co

agents for

NEXT DIRECTORY PLC

 

Reference: .....

 

This is a notice of intended court action, valid even if not read by you.

 

Take notice that documents are being prepared for proceedings for recovery of debt details of which are given below

 

Amount Due: £146.80

Account ........

 

What are you required to do

 

Pay the full amount due by 10.0am on 05/03/08

 

Payment must be sent quoting this reference ......

[BerryN]

Do I just file this one or should I reply?

[pt2537]

This is a notice of intended court action, valid even if not read by you.

:lol:

 

Oh Dear

 

they really dont get it do they,if you dont read a LBA how can it be valid.

 

these letters really make me want to repeatedly bang my head on the desk in frustration

 

wait and see if they comply with the CCA request first, then we can look at what step to take next

[loyalbrummie]

Send them a reply that says this is for you but it doesnt matter if you read it or not as its still valid .Doesnt make any sense but then theres doesnt either ,more threatomatics , what a waste of paper .

 

regards

LB

[BerryN]

haha! think I will save the money for the recorded delivery of waste letter but good thoughts none the less! have filed INTENDED COURT ACTION letter. thanks guys

[BerryN]

UPDATE

Letter received dated 6 March 2008:

 

Dear BerryN

 

We refer to your recent correspondance requsting a signed agreement relating to the above account.

 

As with most home shopping accounts, you will not have signed a credit agreement. You are deemed to have agreed to the terms and conditions of the credit, which were relayed in the catalogue itself, when you placed your first order.

 

By requesting goods in exchange for money, you are liable for payment of those goods. If you are denying responsibility for the credit, we would ask what steps you have taken to return the goods if you did not intend paying for them?

 

As a simple assignee from the original creditor we have acquired the rights but not eh duties of the creditor as defined 189 (1) of the CCA 1974 and accordingly are entitled to pursue the customer for the monies that remain due by reason of section 136 of The Law of Property Act 1925.

 

As for this account it was opened on 23rd September 2003 with the last payment of £25.00 being made on 15th July 2005.

 

Yours sincerely

 

Rebecca Cooper

Bought Debt Correspondance Manager

 

encl. £1.00 cheque

[BerryN]

now what do i do?

[ScarletPimpernel]

now what do i do?

 

 

Most of their letter is bullsh!t, designed to distract from the essential fact, which is that they have no agreement and so the debt is unenforceable. I'd be inclined to send Robinson Way a nice 'feck off' letter:

 

Dear Curs

 

Re: NEXT a/c no. xxxxx

 

Thank you for your letter dated xxxxx in which you confirm that no executed credit agreement exists in relation to the above account.

 

You will be aware that the alleged debt is, without a properly executed agreement, unenforceable under s.127(3) of the Consumer Credit Act 1974.

 

In the circumstances, I do not expect to hear from you again; any further contact will be viewed as harassment and reported accordingly.

 

Yours etc.

 

 

If you wanted to, you could insert (or keep for the formal complaint you will make when the next demand from RW arrives):

 

You state that you are not the creditor as defined by s.189 (1) of the CCA 1974. This would mean that the assignment is equitable. However, you then go on to mention the Law of Property Act 1925; since this deals only with absolute assignments (i.e. of both rights and duties), I can only assume you are attempting to mislead me. It should not be necessary to remind you that communicating in a deceitful and/or misleading way is contrary to the Office of Fair Trading Guidance on Debt Collection.

[BerryN]

do i need to resend the cheque with that or can I go and get my £1.00 back from post office?

[ScarletPimpernel]

Sorry, I should have added as the last line of the letter:

 

Since you have failed to comply with my formal request pursuant to s.77/78 of the CCA 1974, I require you to refund the fee by return.

[BerryN]

they sent me back the cheque with the letter so i dont need to send it back?

[BerryN]

that letter is fab though - thank you!!

[alfwithhair]

Subscribing to this one as son is having the same problem with Lewis Debt Recoveries. Told him the agreement is not available, but still threatening action.

[ScarletPimpernel]

Threatening legal action when it cannot legally be brought (e.g. when there is no agreement), is a breach of the OFT Guidance.

[alfwithhair]

Well we know that SP, but obviously the numpties at Lewis think otherwise.

[BerryN]

UPDATE

Letter from R, W & Co: dated 11/4/8

 

We refer to your recent communicaion requesting a signed agreement relating to te above account.

As with most Home Shopping accounts, you will not have signed a credit agreement. You are deemed to have agreed to the terms and conditions f the credit, which were relayed in the catalogue itself, when you placed your first order.

 

By ordering goods from the catalogue, you are liable for payment of those goods. If you are denying responsibility for the debt, we would ask what steps you have taken to return the goods you did not intend paying for?

 

The debt remains outstanding and we require an offer of payment by return.

[BerryN]

Now What?????

[ScarletPimpernel]

One final letter, I think.

 

Dear Sirs

 

Re: Next

 

I refer to your letter dated 11 April 2008.

 

You have admitted that no credit agreement exists in relation to the alleged debt. This means, as I am sure you know, that it is entirely unenforceable.

 

In addition, as you remain in default of the formal request I made pursuant to s.77/78 of the Consumer Credit Act 1974, your demand for payment is unlawful.

 

Take notice that I am not prepared to enter into further correspondence in this matter.

 

Yours etc.

[SWIS]

you have to weigh up which you would prefer? Months of correspondence and worry or for a piffling £148 paying them and damning their impudence..

 

I know which one I would choose

 

 

Although I would send it direct to Next and cut out the monkeys at the DCA.