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Next Directory - 'true copy' unsigned cca


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Hi, have been reading threads on Next Directory. Have just CCA'd Moorcroft (who now have the debt - I have a DMP).

 

Next have sent me a letter saying the true copy does not need to be exact. ''this means that it does not need to have 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 (cancellation notices and copies of documents) regulations"

Is the absence of a signed CCA in this case make this unenforceable? As Next state - "in the absence of any evidence to suggest that you did not order and /or receive the goods delivered.. it is noted you have neither denied ordering or receiving Next goods"

I don't have any idea what charges for late payments/missed payments have been made. Should I get a subject access report?

 

Many thanks

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Hi,

 

Please don't worry, you will get all the help you need right here :)

 

Do you recall ever signing an agreement with Next?

When was the account opened?

Did you open it online?

 

The answers to these questions will assist those with more knowledge on the subject.

 

In my experience, Next never have a fully executed agreement, meaning they cannot enforce the debt.

 

With regards to their comments regarding receiving/ordering goods, in the abscence of an agreement I believe these goods are seen as a gift! As extraordinary as it sounds.

 

There are many people on here with the same problems and someone in the know will come along shortly.

 

Cheers

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Thankyou!! I believe I received my first next directory about 5 years ago - maybe more. Have always paid my debts but then things spiralled out of control once i had children, now am trying to sort myself out. I don't believe I ever signed for it, can't remember.

Its really nice to know that fellow caggers are around to advise. you sort of don't feel as desperate!

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You're welcome Ruby. Next have screwed up thousands of accounts by not having an enforceable agreement, or any kind of agreement for that matter!

 

They have been chasing me for over a year now. Its been passed around DCAs and I send them an account in dispute letter (if I can be assed) or just ignore.

 

I had the same letter as you from Next and its not worth the paper its written on. If they cannot provide an agreement, signed by you that includes the required prescribed terms, they have nothing!

 

Sit back, relax and watch them run in circles.

 

Its good here isn't it!

 

Alex x

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