? re NEXT and DCA

[scarlett7]

Hi

 

I am new to this board so please be patient with me if it has been dealt with before.

 

I have read some thread but to be honest I got very confused and rather than get it wrong thought it best to post my own thread. Hope this is Ok:confused:

 

Would appreciate some comments/advice/guidance

 

I had an account with NEXT got into some financial difficulties and tried to negotiate with them - hit a brick wall friend suggested going the unenforceable agreement route.

 

Opened account approx Jan 2001 did not sign any agreement.

Requested a signed copy of agreement this was not forthcoming, sent the following letter on 8th May.

Re: my request under the Consumer Credit Act 1974 -Account xxxxxxx

 

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 30/04/2009 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

 

Have now had a letter from "Incasso" dated 16th July stating FINAL DEMAND bascially saying pay up within 7 days or else legal proceedings may be commenced, etc.

 

What can I now do?

 

many thanks

Edited July 20, 2009 by steven4064

[supasnooper]

Hi there,

 

Welcome to CAG, I'm sure you'll get some good advice here.

 

Have you read this thread ? - http://www.consumeractiongroup.co.uk/forum/legal-issues/200443-tactics-dealing-next-directory.html

 

 

 

You should send Incasso this letter-

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[scarlett7]

Thank you supasnooper,

I had indeed read the thread you quoted, I was a tad worried ( that I could get it wrong ) about all the quotes of various acts, etc so thought would check, however, found it very informative - glad I am not the only person dealing with this.

 

Will send Incasso the letter you recommended - many thanks

[berrylover]

Don't worry about it Scarlett. What you need to do is send this letter, filling in your details where needed to Incasso, by recorded delivery and unsigned.

 

 

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

ACCOUNT IN DISPUTE

Dear Sir,

 

RE:

Thank you for your letter dated(enter date). I must admit that I am rather bemused as to why this account is still being pursued by yourselves, as it is in dispute with Next and has been (date the 12+2 working days expired) . Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

As Next are now in default of my Consumer Credit Act request I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

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

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Now I would respectfully suggest that this account is returned to Bank of Scotland for resolution of these defaults and breaches, as Blair, Oliver and Scott cannot lawfully pursue any enforcement activities.

If you choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[scarlett7]

Thank you so much - it has been a great relief to get such helpful information - when I have been so worried about this

 

Again many thanks

[welshcake]

Thank you so much - it has been a great relief to get such helpful information - when I have been so worried about this

 

Again many thanks

 

This quote has interested me vey much as my wife has an account with next and we ordered goods as late as April this year, I was shocked on retriving statements from them the total amount added in month in Service charges which over the years comes to a lot of money and also the charge for their catalogue which i did not know about which I think is disgraceful, When I questioned Next about the service charges they basically stated they were interest charges on the amount, I made anarrangement with them to pay small amount and have all service charges and no further orders placed until debts clear.

 

I would love to tell them to go run and jump and send them a CCA however although next cannot prove a CCA as we never signed anythigncan't they still pro you dered and received the goods as they are signed for when delivered?

[angryandy]

Hi welshcake

 

It was my understanding that if you haven't signed a cca the goods you recieve would be seen as a 'gift' if this makes sense.

 

I'm sure someone more knowledgable will be able to answer this question.

 

Am i right or wrong people?

[welshcake]

Hi welshcake

 

It was my understanding that if you haven't signed a cca the goods you recieve would be seen as a 'gift' if this makes sense.

 

I'm sure someone more knowledgable will be able to answer this question.

 

Am i right or wrong people?

 

It is an interesting one that I would love to hear someone who has gone through it, I can understand that they might be seen as a gift without a CCA but surely they prove an order placed for each item and even proof of receiving the goods as a signature is required on receipt of goods from the courier.

[scarlett7]

Thanks for the comments, but I am now extremely worried - have I done the right thing in sending Incasso the letter?

 

Would welcome any feedback

[bigandyuk1]

No need to worry yourself, Incaso have no power to make you pay anything..Only a court can do this and then only as much as you can afford. The letter you sent is your legal right. Do not worry just let us see the reply when and if you recieve one and I am sure more help will be forth coming.

[scarlett7]

Thank you so much bigandyuk1, your quick reply has reassured me l am most grateful

[manc1976]

Next WONT have a cca, I am almost 100% certain, but they will still get DCA's to badger you forever and a day. Mine has been passed around and I have even invited them to take me to court.

[scarlett7]

thanks manc1976 least l know what to expect! oh the joys of DCA's

[Red1983]

Hi there, I too am dealing with Next, and have recetly rec'd a letter from them that I am worried about too, I shall be starting my own thred shortly.

The advice on here is awesome.

 

Red

[scarlett7]

Hi Red1983,

 

I can understand you being worried - will follow your thread to see how you get on.

 

Hopefully (ever the hopeful) they will be reasonable but after reading some of the other threads it would seem like we might be in for the long haul.

 

Take care