Next Directory have Supplied Copy of CCA

[oneofakind]

Don't see any point in telling them the situation.... they are (or should be!) very well aware of it.

 

If they continue collection activity, they would be digging themselves a big, big hole; and that's all good for you!

 

[welshcake]

I am worried about saying I do not acknowledge any debt as won't they be able to prove I received the goods? I did hear on another thread also about next someone stated that Next would be able to prove in court someone receivng the goods and that would stand up in court to show the debt outstanding.

 

I don't mind paying them something like £5 forever and that's it as long as they don't hassle me for anymore as I am not continuing to break my back each month to pay these guys a silly amount of money which is mostly all added charges.

[cerberusalert]

The argument is not whether a debt exists or not, it is to do with the legal enforceability of an agreement. If they fail to produce an enforceable agreement goods received by you are seen as a gift & there is case-law to back you;

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

 

 

 

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

[welshcake]

Copy of the above letter sent to next thanks scottybhoy, I await a responce.

[coledt]

29/07/2009

 

Dear Sirs,

Account no

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick 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. An unsigned credit agreement like the one 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. A blank agreement 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 16/06/2009 (12+2 working days after the request was made) 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

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation.

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

 

I expect you to write to me confirming that the account has been closed and no further action will be taken.

I look forward to your reply.

 

I sent this letter to the company, and for over 3 months I did not hea anything. I also kept an eye on my credit report and it was listed as "unlisted". Now all of a sudden I get a call from the company chasing up my debt. I have also had 3 miss payments on my credit score. What shall I do next? Any help would be great. Thank you

 

[cerberusalert]

Wait until they contact you in writing & send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[tottys]

I am worried about saying I do not acknowledge any debt as won't they be able to prove I received the goods? I did hear on another thread also about next someone stated that Next would be able to prove in court someone receivng the goods and that would stand up in court to show the debt outstanding.

 

I don't mind paying them something like £5 forever and that's it as long as they don't hassle me for anymore as I am not continuing to break my back each month to pay these guys a silly amount of money which is mostly all added charges.

the only way that i can see they can prove you received goods is if you ordered something in store to be delivered to store then when you picked it up you would have had to sign for it on receiving the goods dont think you have to sign for any deliveries if you order it to your house...just out of curiosity how did you sign up for the account???

[welshcake]

I have an updated thread of this now it's on http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/234485-next-directory-have-handed.html

[coledt]

Wait until they contact you in writing & send them this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

 

Hi this is the letter that I received:

 

Dear Mr xxx

I have been asked to respond to your letters.

We have complied with our obligations to supply you with a “True Copy” of your credit agreement. A “Tru Copy” is defined by regulation 3 of the Consumer Sredit (Cancellation Notices and Copies of Documents) Regulations 1983. The “True Copy” need not, by law, contain either the signature of the debtor or the date of the signature in our case.

The purpose of section 77 and 78 of the Consumer Credit Act 1974 is to enable consumers to obtain a copy of the current terms applicable to their agreement. A “True Copy” for the purposes of section 78 Consumer Credit Act 1974 therefore, need not be an exact copy or photocopy of the original executed/ signed agreement so long as it contains every material provision of the agreement that was signed.

The copy agreements sent to you on 18th and 23rd June 2009 fulfil this requirement. No default therefore arises.

Having been provided with your “True Copy” there is no basis for you to either allege that you are exonerated from payment under the agreement or that we remain in breach of our obligations under the Act. Having established the legal position regarding the status of the document provided to you previously, I now wish to return to the substance for your refusal to pay your account. So that I can be absolutely clear, is it your case that you :-

a) Deny receipt of the agreement?

b) Deny signing the agreement?

c) Admit or deny receipts of the goods and service?

d) Admit or deny performing your account as if you had signed the credit agreement?

Please answer ALL of the above questions, whereupon the matter will receive our further attention.

In your letter you appear to be making a connection between the existence of a signed credit agreement regulated by the Consumer Credit Act 1974 and the need, under the Data Protection Act 1998, to obtain consent to process customer data. There is no such connection and your allegation that no signed credit agreement exists, which is denied, is irrelevant in establishing whether consent to process data exists under the Data Protection Act 1998. We obtain our consent to process your data independently and separatley from any decision to offer credit agreement. Th fact that you deny having signed any credit agreement does NOT therefore mean we do not have consent to process your data.

We obtain our consent to process your personal data at the time you applied for one of our catalogues or when you opend your mail order account. At the time you requested one of our catologues or opened you account/s you will have seen or been referred to a very comprehensive Data Protection notification of the obvious and non-obvious uses to which we would put your persojnal data. This notice, inter-alia, will have notified you that, as part of our commitment to be responsible lending, we would record details os the manner which you conducted your account with a Licensed Credit Reference Agency.

In Summary, the lack of a Consumer Credit Agreement, or your signature thereon, is not relevant to the issue of whether you have consented to the use of, or whether we have fairly obtained and lawfully processed, your personal data.

Please confirm you intentions with regard to future payments to this account.

Would you suggest that I still send this letter you kindly supplied. Thanks again by the way.

[cerberusalert]

Send the idiots this;

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with Monument yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand/ court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due.

 

I trust this outlines my position clearly enough for you

 

Yours,

Print name do not sign.

 

Amend to suit.

[coledt]

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with Monument yet I note they have still assigned the account over to yourselves and the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a statutory demand/ court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due.

 

I trust this outlines my position clearly enough for you

 

 

 

Hi I sent this letter off and it appears to of been ignored, the Cat/ company continues to send me my balance with additional charges. Any ideas on what to do next?

[Huff&Puff]

Ignore them. There is no point in writing anything because they just ignore whatever you say.