Next Plc Default

[suzby83]

Good Morning,

In 2005 I applied for a Next account, which I cant remember if it was via the net or in store when they try and sell you a catalogue. I cant don't recall ever signing into an agreement for the catalogue.

My Problems are that in 2006, I went through a relationship breakdown and an evil ex abandoned me in debt as well as joint financial agreements. As our house was on the verge of repossession because i could not afford to pay on my own salary, I visited my local C.A.B and they told me to write the my creditors offering smaller amounts until my circumstances improved. I contacted them immediately, including Next, to inform them of my problems and they did not want to know and passed my account to a Debt Management Company, where it was agreed that I could pay a little amount each month. The account was settled a few months later and my credit report shows a settled default.

My question is, I would really like to dispute the default as I believe I was treated unfairly, when i made every effort to co-operated and agree a solution with Next. I could have ran away from it but i honestly contacted them in the first instance letting them know I could not afford the payments that they wanted.

I wrote to them last year with the SAR request, with the advice off this forum, and they sent me a copy of the agreement, but it was unsigned. I then left it as I did not know what else to do.

 

I have written to them again as it is causing me considerable distress with obtaining credit and i would like to no what else I can do here, or should I just accept it?

Where do I stand here??

[dx100uk]

sadly i cant see how.

you did default on the a/c and they possessed the correct paperwork to be allowed to default you.

 

dx

[laurap]

Hi,

 

I had a similar issue with Next which is still in the hands of the Information Comissionaire (9 months and still waiting). Basically Next couldn't provide me with signed credit agreement and I have a default on my credit file which they refuse to remove. However, if you do searches on this site under NEXT you will find lots of information that says the default shouldn't have been recorded.

 

Hopefully the I.C.O will (eventually) come down in my favour...

 

Therfore don't let them get away with it.

 

LauraP

[suzby83]

Hi,

 

I had a similar issue with Next which is still in the hands of the Information Comissionaire (9 months and still waiting). Basically Next couldn't provide me with signed credit agreement and I have a default on my credit file which they refuse to remove. However, if you do searches on this site under NEXT you will find lots of information that says the default shouldn't have been recorded.

 

Hopefully the I.C.O will (eventually) come down in my favour...

 

Therfore don't let them get away with it.

 

LauraP

 

 

Hi Lauran,

 

Thanks for your message!

 

I've just received a letter today from next and quite dissapointed. I asked them to produce me with the following info...

 

Finally, you must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account.

You must supply me with a signed true and certified copy of the original default notice.

I've received both of these documents and the agreement is not signed with my signiture, it been left blank!!! it also says at the bottom of the agreement that i need to sign and return the documents to be legally bound by its terms.

Does this mean that i am not bound by the terms and which they should have not placed a default on my account??

Also, they have issued my with a copy of the default notice that actually does not state they have served me with a default only that they they will refer my account to debt collections and they MAY register a default on my account. As they have not served me with a proper notice ( e.g default , does this mean the default have been placed incorrectly??

Can anyone offer any advice as i really want to send a letter to them today?

thanks,

[dx100uk]

hehe captured!

 

off you go!

 

dx

[suzby83]

hehe captured!

 

off you go!

 

dx

 

???

[suzby83]

these are the letters received from Next.

 

if any one can help me that would be great!!!

 

 

This is supposed to be the signed agreement, but without my signiture

 

 

Finally, this is the fault notice, however, i personally beleive this is not a default notice as such.

 

[andie_303]

you're right that is not a default notice - therefore if you have never been served a default notice the default needs to be removed from your credit file.

If they also cannot produce a signed CCA the same applies.

[suzby83]

you're right that is not a default notice - therefore if you have never been served a default notice the default needs to be removed from your credit file.

If they also cannot produce a signed CCA the same applies.

 

do you have any template letters i can use??

[suzby83]

Any suggestions in what i can write back to Next?? are there any template letters??

[andie_303]

you need to send the in dispute letter regarding the CCA as they have not sent you a true copy - I will try and find it for you - 2 secs.....

[andie_303]

Letter used when a company fail to provide a copy of your agreement within the 12+2 working days timescale after your initial request for a copy of your agreement made under s 77/8 of the Consumer Credit Act 1974 (Highlights in red must be edited)

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[suzby83]

Brilliant thank you!!

[suzby83]

Hi, I am i still ok to issue this letter even though the debt has been paid back in full and it is the default that i am wanting them to remove??

[suzby83]

just to update you that Next has responded to my letter and they will not remove the default even though they have sent me a default notice on the 28th June 2009, when it should be 28 June 2006! they have advised they made an administration error with the date and they claim that they reproduced the original document but forgot to change the date.!!! why would they need to reproduce a copy?? if they had a copy then why not just print/photocopy it?? I think they have forged a document trying to pass this off making me think it was sent in 2006.

 

they have also advised that they can not locate a signed credit agreement for me!!

 

They have ended the letter saying that they will not communicate any further with me. Lol.

 

 

I have now sent my complaint to the FOS, so hopefully they will be able to help me.

[suzby83]

after receiving some advice from MSE i have issued NEXT a SAR. If next can not provide me a copy of the default notice under the CCA then under the SAR they have to provide me with a photocopy of the original default notice. Not sure if this will work but its worth a try.

 

I will keep you posted.

[suzby83]

Received letter from the FOS and they are unable to help with my complaint as NEXT were not covered by the FOS that complaint refers to.

 

I have rang the ICO and they said they can only deal with DPA. They are looking into my complaint but i feel they wont be able to help me. They said that even though NEXT have no signed agreement for me they can still record data about me.

 

I have rang OFT as my last point of call. They are going to get someone to call me back after lunch.

 

I feel like i'm in a loosing battle here and lost with what i can do next.

[dx100uk]

time to bang on the CRA door then.

demand that they check their data as a default has been placed on your file that, under their own admission, the defaulter has no CCA for.

 

dx

[suzby83]

All ready tried this. CRA wont remove any data until the original auther gives permmission

[suzby83]

Also, just a question as well. As the arrear letter states that i must make payment of £436.70, does this mean they can only default me on this sum or the total amount of the account?

 

The default that i have been placed with on my account was for £1063.

[suzby83]

Ok.... i've decided to send them the following FINAL letter to next.

Final Warning before Court Proceedings

 

Ref: *************

 

Dear Ms Ann Moss

 

Thank you for your letter dated 8th July 2009, the contents of which have been noted.

 

As you have already confirmed your inability to comply with my legal request for a Consumer Credit Agreement (Consumer Credit Act, 1974) however, because no such agreement exists, the above account remains entirely uneforceable.

 

Furthermore, as you remain unable to provide such evidence of my signed consent to pass/share my data to third parties, I hereby request the immediate removal of all default entries with Credit Reference Agencies. I also require written notification when this has been achieved, within a period not exceeding 14 days from receipt of this letter.

 

Failure to provide me with such notification will leave me with no alternative but to commence court proceedings against your company, including a claim for compensation in relation to the unlawful registration of adverse information against my name.

 

Please be aware, that the Consumer Credit Act, 1974 is very clear; stating that a default can only be issued for breach of a valid, regulated Credit Agreement. As you have already confirmed that no such Agreement exists, a default cannot therefore be issued against a non-existant Agreement.

 

Please note, that this letter represents a Statutory Notice under Section 10 of the Data Protection Act, 1998 to cease and desist from processing any data in relation to this account. YOU HAVE 21 DAYS TO COMPLY TO THIS ACT.

 

Finally, please be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute and the lack of a properly executed Credit Agreement represents a complete defence in any court action that you may take.

Without ambiguity, I trust that I make myself perfectly clear and look forward to your positive response in removing all default entries against my name, in order to finally bring this matter to a close.

Yours faithfully

 

---------------------------------------------------------

 

 

Lets see if this works!!

[suzby83]

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[suzby83]

Ive received a letter this morning from the FOS. They sent me a letter previously advising me that they couldn't deal with my complaint as my complaint refers to 2006.

 

Anyway, they have sent me a letter saying that they are contacting the business (NEXT) and will be in touch when they have received a response from them. I can only think they are now dealing with the matter because NEXT have messed up on the default notice, putting a date 28th June 2009. They have admitted that they have made an error and had to reproduce a copy. I think this is rubish and they have typed up a document and tried to pass it off as a document previously sent to me.

[alp]

mmm

Edited July 22, 2009 by alp

[suzby83]

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