Next Directory CCA request

[Elgrand]

Hi,

Just received my CCA request response from Next and the covering letter.

Any comments most welcome.

 

[Elgrand]

And this is the agreement.

I have not deleted any signatures and never signed anything.

The shady areas are actually what they sent. It looks as though they have blurred out someone elses agreement ??

 

[shalaz]

Hello Elgrand,

i have probs with next, asked for CCA, got a photocopy of a blank agrement, no signature, exept theirs! This is their way of answering your request for a "True copy of a CCA", they send you the blank one and say that they have complied with the law!

Your blank copy is much different from the one i recieved, but no matter, what they have sent you is not that which you requested. You may now send a Letter of DISPUTE ( look here on the site, letter templates)There is letter "Account in Dispute" that you can copy, print and send, "signed delivery". DO NOT SIGN THIS LETTER, PRINT YOUR SIGNATURE and put a couple of lines through it, just in case they try to lift it!

So long as they do not comply by sending you a, True signed copy of an agreement and you send the abouve named letter, they may not take any further action on the account what so ever and you have no legal obligation to pay them anything, until they provide you with that. If they are unable to provide you with the signed agreement, then they cannot enforce the debt!

There are certain rules, if the agreement was taken out online at thier website, (tick the box if you agree), but even then, if their T&C are not correct, then that agreement could be unenforcable!

So send off a letter of Account in dispute and wait, dont bother communicating with them, just wait and see which letter they send as a reply. Post it on here ( blank out your details and the acc no). I am sure you will get help on here, at each and every stage!

Hope i have been of some help, gretings Shalaz!

[pt2537]

**YAWN**

 

Next still sending out that rubbish?

 

Its not enforceable even if you did sign it, the agreement is missing much of the statutory info which the Consumer Credit act 1974 requires

 

Im suing them for a client currently and ive got another 5 claims pending so , trust me that doc is not enforceable

[shalaz]

Hi Pt2537,

I have been trying to do a bit of research myself into the online agreements!

I was a little bemused to read this:

 

The E commerce regulations: OUT-LAW.COM: IT and e-commerce legal advice and support

Page 394

 

The e commerce regulations also contain a number of (widely ignored) provisions that apply where contracts are entered into online.

 

I have learned a little about the tick wrap agreements here and have visited a place called, IoD | Institute Of Directors, and read a bit about Website law. Also have just started reading, (EC Directive) Regulations 2002 (the “Ecommerce Regulations”).

 

I have to say, since i have very little experience, i do not understand all of it as yet! But i am trying to learn! Have you any pointers for me where i could get more info on the subject, that would make a little more sense to me, being a beginner on the subject? Sorry to be a nuisance, but i would be ever so gratefull!!

 

Thanks very much Shalaz:)

 

Thanks you very much,

[Elgrand]

Hi Shalaz,

 

Thank you for your kind input.

Account in dispute will be sent first thing in the morning, I will post it up once sent.

 

Hope you get the info you are after about the online agreements

 

Elg.

[shalaz]

Hi Elg,

you are very welcome!

Shalaz

[Elgrand]

Hi PT,

 

Thank you for your comments, I have a few threads going on at the moment and this is clearly unenforceable on what they sent. I was just surprised by the total lack of effort in their response.

The ludicrous agreement and the covering letter, which looks all over the place as far as content.

 

I am going to invest £10 on a SAR to get all the statements and other details and see what they have charged by way of late payments. I don't expect to see any other type agreement because I can't remember signing anything in the first place.

 

I've also experienced some rather aggressive phone calls from one person in particular and after purchasing a truecall and taking up the cag offer, I will be recording them from now on and send a harassment letter if it persists.

 

Elg.

[Elgrand]

Hi,

 

In response to their letter, I sent this,

 

 

March 16th 2009

Next

PO Box 3000

Rotherham

S97 3EU

 

Dear Sir/Madam

 

Re: my request under the Consumer Credit Act 1974

Account xxxxxxxxxxxxxxxxx

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your 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. The item 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. It 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 11/03/2009 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

 

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

Elg.

 

OK,

 

I have now received the reply to the SAR and once again no CCA, just the same as previously posted.

 

Also, they state that they have sent me a true copy of my default notice??

I will post what I believe they are referring to.

 

Also, in their history of contact, they make reference to the CCA and have declared that claims have advised that the credit agreement is unavailable.

 

 

 

Elg.

[guzzleguts]

HI Elg

 

Have you read my thread on NEXT?

 

Help with court/set aside-next cat *** WON STRUCK OUT *** (1 2 3 4 5 ... Last Page)

guzzleguts

[Elgrand]

Not yet GG, I will read now with great interest.

 

Thanks Elg.

[Elgrand]

Great thread GG.

 

Thanks for pointing me in that direction and very well done.

 

Great advice and support was given and I will take it all onboard.

 

Elg.

[guzzleguts]

No probs give me a shout if you get stuck, and il try and help

 

GG

[Elgrand]

Thanks GG

[mich7k]

hi guys reading your thread with interest as i too sent off a cca and got the same letter back but i got back a blank agreement nothing signed so i was wondering what to do next please?

[Elgrand]

Hi Mich7K.

 

You could follow suit and send a dispute letter, following up with a SAR.

 

It's worth sending the £10 postal order, I have got some communication details stating they don't have an agreement.

It's worth finding out if they hold one for you.

 

If you need a template letter, I'll post one up for you

 

Elg.

[mich7k]

yes please that would be appreciated:) thanks

[Sol]

Next are a joke! They set up an account for me without my knowledge by asking me to fill in a coupon at a store in Glasgow (which I was told was to send a catalogue out to me). I only found out a couple of months ago that they had done this!

[Elgrand]

yes please that would be appreciated:-) thanks

 

I'll do that for you first thing in the morning, at work at the moment and don't have access to my files.

 

Elg.

[Elgrand]

Next are a joke! They set up an account for me without my knowledge by asking me to fill in a coupon at a store in Glasgow (which I was told was to send a catalogue out to me). I only found out a couple of months ago that they had done this!

 

Shocking, what sort of agreement is that I wonder.

[Elgrand]

Hi mich7K

 

Here is the copy of the letter I sent Next, ref SAR

 

 

Next

PO Box 3000

Rotherham

S97 3EU

 

 

Data Protection Act 1998

Subject Access Request

Date

Dear Sir/Madam

 

REF AccountXXXXXXXXXXXXXXXX

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Number: XXXXXXXXXXXXXXXXXXXXXXXXXXXXX

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

 

Any Other information relating to these accounts

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

Elg

 

I never signed this letter, just printed my name.

The dispute letter is in my earlier post.

 

Hope this has been of help.

 

Good Luck Elg.

[Sol]

Shocking, what sort of agreement is that I wonder.

 

I was going to report them, but I've got a lot on at the moment so I decided to drop it.

 

They were lucky!

[Elgrand]

Sent Next a cpr 31.16 request and this is the response.

 

 

Any comments much appreciated

Edited May 8, 2009 by Elgrand
updating

[guzzleguts]

Hi Elg

 

I believe that Cpr request is sent at the court stage, i didnt think you were that far down the line on this unless i missed something.

 

But saying that NEXT's reply is rubbish the court wouldn't of allocated a track at the time you would normally send such a request.

 

GG

[Elgrand]

Hi GG,

 

It's a pre action cpr 31.16 (have now edited earlier post)and no court proceedings have yet been started.

 

I am going to allow for the 21 days to pass and send a second request, Their reasoning for not complying is incorrect as you have stated, as no allocation has yet been made. I will point this out in the next letter.

 

They have mentioned that they do not hold a copy of the original signed agreement but are insisting they have complied with my cca request whilst providing me with a true copy.

 

What i require is a copy of the signed agreement in its original form and that the request I am making is NOT made under the Consumer Credit Act 1974.

 

Thanks Elg.