Next Digital Signatures on CCA

[cadencealex]

Payment Plans

 

The service is restricted to Next Directory flexible account holders only and will only apply to purchases of products which Next has agreed can be paid for over 26 or 52 weeks.

For each week of your agreement (26 or 52 weeks), Next will charge to your flexible account the weekly payment due. You will receive your statement as normal each month and in order to benefit from the interest free credit offered under this arrangement, you simply need to make the weekly repayments for your purchase that have become due in the previous month. These payments are required in addition to the minimum monthly payment required on any other purchases you have made on your flexible account in the usual way. Simply make the total repayment by the date stated and you will not be charged interest for your weekly priced item.

If you do not make the minimum payment required that month for your interest free items, the unpaid amounts will remain on your account and interest will then be applied to the outstanding balance at the normal rate of 26.49%. A new required payment will be shown on your subsequent statement and you will need to make at least this repayment by the date specified to avoid further action being taken and additional charges accruing to your account.

Payments made to your account will be first credited to the purchase of your weekly priced item and then to any other balance on your account, in the order specified in the terms and conditions of your existing flexible account.

If you wish to pay weekly you may do so.

Should you default on any payment for two consecutive months, Next reserves its right to terminate your ability to take advantage of the interest free option and the full balance outstanding for the item(s) will be added to your account. If such action is taken, Next will withdraw the opportunity for you to delay payment as described above. This means you will be charged interest on the total outstanding balance. Next also reserves the right to refuse further orders on your account if you default on any payment.

 

 

The apparently charge a 2% interest rate each month also.. according to this..

 

http://www.consumeractiongroup.co.uk/forum/store-cards/80872-next-directory-statement-interest.html

 

Can anyone help break this down into laymans terms for me because Next can't help me and I don't understand.

 

It isn't in the terms and conditions - not that I have any but I googled it.

[cadencealex]

Have you sent an SAR, if youre going to offer payment, you need to take off charges and fees theyve added.

Dont worry about the call, just tell her you want to record the call, My guess is it'll go quiet

 

I have just done a SAR - I will amend it.

 

Can I change it to say I want a breakdown of all interest rates and charges?

 

They have only ever charged me two payments of £5 because I was never late in paying apparently, just the last two months.

 

I remember ringing them also now and explaining I had just had a baby and was on a much reduced rate of wages and they were horrible and couldn't help

[bazaar]

Well the SAR will cost you £10, so for that amount theyve added, it may not be worth it.

You really need to get things in writing, they may sell the debt on, but if youre going to pay, then do so in writing , not over the phone, because they will deny ever speaking to you. (Remember ' Hang on while I just switch on my recorder')

Get writing the letter, offer them what you can afford (dont sell yourself short), include the payment. request that the account closed and interest stopped.

If they are unreasonable after this, you'll have to put your nasty head on

[cadencealex]

Well the SAR will cost you £10, so for that amount theyve added, it may not be worth it.

You really need to get things in writing, they may sell the debt on, but if youre going to pay, then do so in writing , not over the phone, because they will deny ever speaking to you. (Remember ' Hang on while I just switch on my recorder')

Get writing the letter, offer them what you can afford (dont sell yourself short), include the payment. request that the account closed and interest stopped.

If they are unreasonable after this, you'll have to put your nasty head on

 

 

Thanks Bazaar. Thankfully they aren't adding interested which stopped when it defaulted (their interest is something like 29% anyways!)...

 

Let's see what I get back, as the LBA has gone to the Chief Executive

[bazaar]

I just had a quick rescan over this thread, they still havent produced the agreement have they?

[cadencealex]

I just had a quick rescan over this thread, they still havent produced the agreement have they?

 

No they refused to comply under the exemptions made in Schedule 2 (section 6) of the Data Protection Act 1998

 

And told me also that the agreement is not void or unlawful (Wilson V First County Trust 2003)

 

They haven't got an agreement. I remember they sent me one out and I never returned it.. not intentionally.. just because I am scatty.

[cadencealex]

Well Next passed it on to a DCA and I have been ignoring their letters.

 

Now they have a Solicitor on my case - Graham White Solicitors - who has sent me LBA.

 

They are saying they have no agreement - so they are taking me to court now! I am a little worried to be honest because if I get a CCJ my career is over. And thats why I haven't been online, because I have been taking exams.

[pt2537]

then if you have it in writing that there is no agreement , the correct approach is to seek an injunction restraining the lender from taking any steps for enforcement til they can show that there was a signed agreement. they will never be able to do that.

[cadencealex]

then if you have it in writing that there is no agreement , the correct approach is to seek an injunction restraining the lender from taking any steps for enforcement til they can show that there was a signed agreement. they will never be able to do that.

 

 

They have never confirmed in writing that they don't have the CCA - they have only verbally stated this over the telephone, and DECLINED my request to send it on a point of law..

 

So can I still seek an injuction restraining them? How do I go about doing this?

 

thanks for your reply

[blind-as-a-bat]

Are they acting for Roxborough? if so Roxborough can not instruct them to procede with legal action unless the account has been absolutly assigned

[cadencealex]

Are they acting for Roxborough? if so Roxborough can not instruct them to procede with legal action unless the account has been absolutly assigned

 

yes they are - they have 'been instructed by Debt Collection Specialists, Roxburghe (UK) Limited'

 

The thing is.. don't they need proof of ownership of the accounts, before they start harassing people?

 

I am not sure what the notice of assignment is at all !

[blind-as-a-bat]

Have you been through Moorcroft yet? if so did they reply with there standard letter quoteing sec 127(3) as i posted here? http://www.consumeractiongroup.co.uk/forum/show-post/post-1965072.html

[cadencealex]

Have you been through Moorcroft yet? if so did they reply with there standard letter quoteing sec 127(3) as i posted here? http://www.consumeractiongroup.co.uk/forum/show-post/post-1965072.html

 

 

Moorcroft has not been in involved with this case for a few years, no

 

I just had a few letters from Roxburghe then the LBA.

[blind-as-a-bat]

I have sent you a PM with what i did, you could add PT's point re an injunction to it too

 

But did you get the letters needed when Moorcroft where involved?

[cadencealex]

I have sent you a PM with what i did, you could add PT's point re an injunction to it too

 

But did you get the letters needed when Moorcroft where involved?

 

 

No. I only ever got threats

 

It was passed back from Moorcroft to Next.. and then this.

[cadencealex]

OK well after they sent me a letter threatening court action, nothing!

 

I feel like I am at stalemate with them. I would really love to initiate court action in response to their letter. Would this be seen unfavourably ?

[blind-as-a-bat]

it appears littlewoods may be watching

 

gatekeeper.littlewoods.co.uk

 

visited my server, where the blank agreemant i posted in this thread is held, and the refferer was this and my thread

 

Its not conclusive ,as it does not link who looked at what directly, but probebilaty is high they are watching these threads and this forum, so be carefull;)

[Gismocat]

I dont think that agreement conform's to the Consumer Consumer Credit (Agreements) Regulations 1983, while the proscribed terms are there, i think, it would be unenforceable without a court order anyway, and does not conform to the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations1983 because it does not contain the correct notices in the correct wording, such as your liabilaty if the card is missused without your permision, cancelation right's ect so does not meet the requirements of sec 3 even as a 'true copy'

 

I was hoping it may contain this phrase

 

 

 

that is a dead givaway the agreement is post 31 May 2005 as it did not have to be there until then

 

Just want to confirm this is correct as I have this on my agreement yet I took it out 18th april 2005? thanks