next directory ppi/ppp

[sharpgun]

hello

[militantconsumer]

There is a section of the Forum that deals with default and credit reference issues.

 

In general it is VERY hard to get defaults removed because they do, after all, represent a part of a historical record of activity on the account - i.e. your friend did default. It is a long process with no guarantee of success at the end.

 

However, where there is no signed credit agreement (often the case with Next I think) then there may be a data protection issue to challenge them with. Have they obtained your permission to share your data with the credit reference agencies?

 

I suggest you do some reading on that section of the forum as a starting point.

[sharpgun]

they havnt got anything signed at all but surely the fact that she tried to claim the insurance and was told because she was not working and i was self employed she couldnt claim,she should never have had the insurance in the first place so 1 of 2 things are fact if it were genuine insurance they would have paid out and she wouldnt have a default secondly if it was misold they owe her more than she owes them because 15 years of insurance adds up.

[militantconsumer]

You are probably right, but it is going to be hard to prove something that happened so long ago.

 

Have you written to complain about this?

[sharpgun]

ok my thoughts are that it will cost £75 to apply to have the judgement set aside if they say no i wil go down the court route for misselling

[militantconsumer]

Are you applying for a court judgment (CCJ) to be set aside? I thought from reading your earlier posts that you were trying to challenge a default?

[sharpgun]

no sorry to mislead u yes applying to set aside

[militantconsumer]

How did she get the judgment in the first place? Was it due to not entering a defence? Because if there is no signed agreement I don't see why the judge would find against you.

 

I assume you are unable to appeal?

 

What evidence are you going to offer to get this set aside?

 

I'm afraid I have no experience of these processes and so if nobody else comes along and helps on this thread you may need to ask in the Legal Issues area.

 

Our alleged outstanding debt is back with Next Directory after Moorcroft gave up chasing it when we told them there was no signed agreement in existence.

[sharpgun]

yes we applied for time to pay and then we forgot to pay so default was entered

[militantconsumer]

Ok.

 

I am assuming this means that:

1. they took you to court

2. either you lost in court or you didn't enter a defence, or you admitted that you owed the money

3. you filled in an income and expenditure form for the court and a court ordered payment plan was agreed

4. you defaulted on this payment plan ordered by the court

 

Have you caught up with the arrears?

 

Have they threatened to use court bailiffs to recover the money?

[sharpgun]

yes theyy have threatened to use court bailiffsbut that was before we realised about the misselling of ppi

[militantconsumer]

What you have here is a "debt" that was being chased and not paid. The creditor took you to court and somehow won the case, even though there was no signed credit agreement and the "debt" was made up of probably mis-sold PPI.

 

Totally unfair on you, but that's what has happened.

 

But the creditor did win the case and you have been ordered to pay up by the court. You have fallen behind on the payments and now they are threatening to use court bailiffs to take your stuff and sell it to pay off the debt. Whether they are now trying to recover just the arrears or the whole amount covered under the CCJ I don't know.

 

I think the most urgent thing you need to do here is work out how to deal with the CURRENT situation which is that you have a CCJ against you and you have not complied with it.

 

How can you stop this threat of court bailiffs coming round to take your stuff and enforce the CCJ?

 

I suggest you seek urgent advice on this - either on the most appropriate section of this forum, or by going along to your local Citizens Advice Bureau.

 

The SECOND priority should be - how can you get this court decision overturned? I know nothing about this process or if it is even possible. Appeal? Set aside? Again, you need advice on this from somebody who knows the rules.

 

But what you need to remember is that it is no good saying the PPI was mis-sold when you already have a court judgment against you.

 

Sorry if this reads harshly but you really need to face the facts of the situation, deal with the immediate crisis (perhaps you can afford to pay £30 to £40 to catch up on the arrears?) - and then come back to fight them if there is a legal way that this is possible.

[Tinkerbell786]

Sorry this is refering to one of the first posts and probably wont be of any use now.

Just to clarify PPP should kick in even if your OH lost their job but would depend on what was agreed at the time of taking it out but dont quote me on it. Also service charge is basically the interest charged on the opening balance and would only be refunded if Next have made an error!

[militantconsumer]

service charge is basically the interest charged on the opening balance and would only be refunded if Next have made an error!

 

No, service charge would also potentially have to be refunded if there was signed consumer credit agreement. How can they justify the rate charged if no agreement was signed???

[Tinkerbell786]

Yes sorry i do agree with that, what i meant is the way Next customer service advisors are taught is that the service charge or the amount applicable to the mistake will only be refunded if Next made a mistake!

[sharpgun]

hi im back and going again, have sent the prelim and lba asking for 2k, waiting for no reply, then application to court in ten days time, then see if they defend if they do hit them with a n244

[sharpgun]

just preparing a poc. I need some help with wording for the question of next not having permission to ask or give information to cra, which they did without my permission, any help will be appreciated

[sharpgun]

bump help please

[sharpgun]

another question should someone ever read this post I have sent pre lim and lba and am about to pay the court and after reading some other posts have realised i havnt claimed back to 1991 because we have no statements back that far can i guess the ppp they charged for the period 1991 to 2001? And if so do i nead to resend pre lim and lba or just adjust the spread sheet and figures?

[sharpgun]

hello anybody there

[sharpgun]

have now changed how much i want to reclaim, have now gone back to 1991,

two questions

1 the amount exceeds 5k after interest can it still go fast track?

2 the fact i have changed it do i need to resend prelim and lba

 

help greatly apprieciated

[sharpgun]

ok paid the 108 pounds at county court on friday 18th, and handed in poc and spreadsheet. It will make there eyes water when they recieve it.

 

low and behold on saturday get letter in the post saying how sorry they were not to reply earlier but had got lost somwhere, they went on to say that they automatically added ppp to all acounts in those days back in 1991 and that if we wanted to opt out that we could use form on back of statement to stop ppp.they then said we could have claimed under the ppp agreement if it was proved we were out of work and if we wanted we could do it now (bollocks)we tried to apply and were told that because I had been self employed i would not be able to claim. They also went on to say that a recent court case with bank of scotland(mcguffick vs rbs) Quote Judge flaux ruled that claimants seeking to prove their credit agreements are unenforceable under the act are still liable for monies owed.unquote

she then went on to say

it was decided that demanding payment,issueing a default notice, threatening legal action and instructing a therd party to demand payment or otherwise seek to procure payment, was not enforcement action and is therefore acceptable. As this is a high court decision the judgement is binding.

But the above says nothing about the fact they shouldnt have taken ppp without permission,

it says nothing about not having written permission to consult cra

it says nothing about that if ppp had been it done in a proper way we would have been told that the policy was not for us.

lets see what they do now I have a few tricks up my sleeve for them, now waiting for the the bull**** defence they come back with

[sharpgun]

hi nobody,

just had another letter from next saying that they thought our letterd had crossed and all was explained in letter attached. i think they have not passed it on to there legal dept. well will see on wednesday when they have to submit defence by. spoke to court today and they told me to go in on thursday and fill in form asking for judgement they will have to set aside then. any ideas?

[sharpgun]

its really good how i get advice on here

[pawnbrokers]

hi sg, seems you have done a pretty good job without all the help you havnt had.

 

im in very similar sit with my wags ppp, would appreciate poc and advice, -pb