Next/Littlewoods Defaults

[pinkerton_angel]

I'm at my wits end with both Next and Littlewoods trying to get defaults removed. Neither issued me with a default notice and Next placed it on my file after one late payment, I've tried everything, I've offered them what I think I owe them (I asked Next to give me evidence of what they say I'd received - they couldn't so I'm disputing it) but still no luck. I've written to all 3 CRA's and again no luck, they just say it's all fine. My Next debt is now with Cabot DCA and they inform me that Next's legal dept have told them they've issued me with everything, I've written back and said no they haven't. I'm quite prepared to go to court over this as I believe they were completely unfair and placed on my file when both accounts were in dispute but I desperately need to get them removed as I can get zero credit

Does anyone have any advice or any experience of actually taking them to court to remove a default? I wouldn't be sure where to start!

I've seen that some people have been successful with S10/12 notices but can someone explain what these are and how I go about serving them?

Thanks

Pinky

[pinkerton_angel]

Can anyone help with this??

Thanks

[IdaInFife]

Data Protection Act - S10 Notice - Consumer Wiki

 

Ida x

[pinkerton_angel]

Thanks Ida, should I send the letter posted there?

Thanks

x

[pinkerton_angel]

Well, having a clear out today and came across some post I hadn't opened from last week (should be more organised!) and it was a letter from Cabot saying that Next were unable to provide them with any documentation so they were prepared to accept £250 as full and final offer (I owed them £850), obviously I'm happy about this but I really need to get the default removed, do I phone them and ask them to do this and confirm in writing and then I'll pay or pay now and fight the default, I only have 30 days to pay.....

[freddyj]

Hi Pinkerton Angel,

 

Any update on this?

 

Have they agreed to the default removal upon receiving the settlement sum?

 

Please advise - I am having similar issues with Next.

 

They defaulted me, even tho' they wrote to say they don't have a signed CCA

 

FREDDIE

[pinkerton_angel]

Hi Freddie,

I've written many letters since then (all documented in detail on the MSE forum) but basically they said they couldn't remove the default but would give me 2 options - 1) pay an agreed amount and they would mark it as satisfied (but the default would remain) or 2) not pay and they wouldn't chase me and mark it as unrecoverable (again the default would remain) so I wrote to them again saying the default was placed incorrectly and the account was in dispute and that I wouldn't be paying and would take it through the courts to get it removed. That was weeks ago and I'd pretty much given up with it but then just this minute I get a notification from my credit report telling me a credit agreement has been removed and lo and behold, on checking my credit file Next is no longer on there - I did have 2 defaults on there for the same debt (one from Next and one from Cabot the DCA) both now gone!!! I can't quite believe it and am expecting them to reappear any minute!!

Don't give up Freddie, let us know how you get on

Pinky x

[freddyj]

Hi Pinky,

 

Good news for you!

 

Just out of interest who removed the default?

 

I have been trying for over 12 months. Next have written confirming that they don't have a signed CCA, and I have wrote and told them that this means I haven't given consent for them to record info about me! They aren't budging. Numerous letters to the CRA's pointing out this, hasn't resulted in anything. Even the default is not a properly valid default, but it appears that no-one wants to know.

 

I wrote to the I.O.C in Spet '08 but it will be another 3/4 months beofre they get back to me, even the F.S.O who have a backlog of around 6 months!!!

 

Will let you know the outcome of trying to get this Next default removed.

 

FREDDIE

[pinkerton_angel]

I must admit I was in the same place as you with this, I tried everything, I had the letter from Next stating they couldn't provide a CCA and I sent copies and copies of things to Cabot (the DCA), have you tried to offer them a figure for full and final settlement? I did this on the proviso that they removed the default, they agreed to the amount but wouldn't remove the default. I kept writing to Cabot telling them I disputed the debt and the default and had a few phone conversations with them, they checked with their legal team and still came back saying they couldn't remove it. A few weeks ago I wrote them a last chance opportunity letter saying I would pay the F&F amount if they removed the default, failing that I would commence legal action. I've not heard from them but then I got the email alert today from Equifax saying 2 defaults had been removed from Kings Hill Ltd which is part of Cabot I believe. I've had no correspondence from anyone regarding this yet which is why I still won't believe it just yet!! But needless to say I'm a happy bunny tonight

Just don't give up that's all I can say. They know they're in the wrong after all.

Good luck with yours, will be interested to see what happens.