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I am in dispute with Next at the moment. I have asked them to send me a copy of my signed credit agreement, they passed the account to Roxburghe DCA and I am still asking for a credit agreement. I received a letter yesterday with a faded photocopy of an agreement, without my signature and signed by the Company Secretary.

 

The letter states

'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'.

 

'By way of explanation, under Section 78 of the Consumer Credit Act, Next must supply any customer with a True Copy of their credit agreement upon request. For the purposes of Section 78a, a True Copy need not be an exact copy or photocopy, as long as it contains every material provision of the agreement signed. This means that it does not need to have a non-statutory information which was included for the creditor's own benefit or signature boxes. Therefore Next are not required to provide you with a signed copy of the agreement and this is made clear in Section 3(2) of the Consumer Credit Act (Cancellation Notices and Copies of Documents) Regulations. We are required to provide you with a true copy and a true copy is enclosed'.

 

'In light of this, and the absence of any evidence to suggest that you did not order and/or receive the goods delivered, Next will continue to seek payment of the balance of £461.00 owed by you. It is noted that you have neither denied ordering or receiving Next goods'.

 

In this just dribble or is this correct?

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Total bowlarks. As usual they can't provide an enforceable agreement so are now well & stuffed. ;)

 

Make a complaint to the OFT.

Anthrax alert at debt collectors caused by box of doughnuts

 

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Does it have any of your writing on it at all ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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I have had the same I now have a letter stating they have no copy of my agreement on file and have still instructed Roxburghe. See my threads on this but Rox have now backed off as they all know there is nothing they can do.

 

Do not worry I would expect you to be in the same position as me.

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Whether you ordered or supplied is not the issue. They claim I owe them twice what i ever did so I asked them for evidence, needless to say none was received. You can order and they can send whatever, the "perceived" debt and their ability to enforce it is what the credit agreement is there for and without it they have simply supplied things without a contract in place for payment. Gifts I think they are called!!!

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Gifts I think they are called!!!

 

Unsolicited Items

 

Under the Unsolicited Goods and Services Act 1971, (as amended) it is an offence to demand payment for goods known to be unsolicited, in other words, they were sent to a person without any prior request made by them or on their behalf.

 

Someone who receives goods in these circumstances may retain them as an unconditional gift, and does not have to pay for or return any unwanted goods. Anyone who receives a demand for payment for unsolicited goods should report the matter to their local Trading Standards Department.

 

However, in the case of unsolicited goods received before 1 November 2000, the recipient is required to give notice to the sender to collect them within 30 days, or otherwise to wait for 6 months, before being able to treat the goods as their own property.

 

Unsolicited Items - BERR

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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