Next response to cca request

[soconfused]

Hi, I hope this is in the right section!

 

I have a default on my credit file from next. I sent the cca request and also stated none receipt of default notice and got the following reply:

 

"We have previously supplied you with or please find enclosed a true copy of the credit agreement. We are satisfied that this meets with our obligations under section 78 of the consumer credit act.

 

The correct interpretation as to "copy" requires reference to section 189 (for the definition of copy) and secondly to section 180 relating to the consumer credit (cancellation notices and copies of documents) regulations 1983 (the regulations). Looking at section 3(1) of the regulations it is clear that "...every copy of an executed agreement...shall be a true copy thereof...". Section 3(2) confirms that a "true copy" need not include the items listed at sub-sections (a) and (b). These two sections confirm that (i) non-statutory information included for the creditor's own benefit and (ii) signature boxes need not be included in the true copy. Based on this analysis, it is accepted as a matter of good law that a "copy" for the purposes of section 78 need not be an exact copy or photocopy, as long as the true copy provided contains every material provision of the agreement signed.

 

In light of this, and in the absence of any evidence to suggest that the account holder did not order and/or receive the goods delivered, Next will continue to seek payment of the balance of £0.00 owed by the account holder.

 

A default entry will therefore be made on the credit reference file, which may affect the ability to obtain credit in the future. Making payment to clear the balance will enable the credit files to show as satisfied.

 

Your sincerely

 

[EDIT]

 

Collections Administrator"

 

Included with the above letter was a copy of an arrears letter I was sent and an unsigned (unreadable) "credit agreement" - which is really short, looks more like an application.

 

 

 

Can anybody help me with the next step please, I have no idea what to reply with as the above just makes no sense to me. The account was paid in full and I just want to get rid of a default that shouldn't be there.

 

Thanks in advance and sorry for the long post!

Edited March 9, 2011 by alanfromderby
Name removed

[version302003]

can you post a copy of the agreement they sent you?

 

Also sis they really state a balance of £0.00 ?

[soconfused]

Yes they did really state a balance of £0.00 in the letter!! I typed it word for word and I still don't get what they are playing at!

 

I will try and get a copy of the cca they sent on the computer, OH is going to scan it onto the computer at work tomorrow.

 

 

 

Now attached below:

Edited March 19, 2009 by soconfused

[soconfused]

[version302003]

hello soco, they simply sent you a template letter, as the account was paid in full the balance correctly shows £0.00.

 

On the point of the default, does the account on the credit file show satisfied?

 

you may want to ask a site team member to move your thread to the credit reference agencies forum to get more help in removing the default.

[soconfused]

bump!