Next Directory Default Problems

[gcbrit]

Hi all,

 

I hope I'm posting this in the right section but apologies in advance if I haven't.

 

My other half & I went to Nationwide yesterday to apply for a mortgage and were declined due to a default against her from Next Directory, of which she was unaware of. Now this is where the fun begins...

 

Back in 2008 my OH was living in rented accommodation. She moved home and tried to notify Next Directory, over the phone, of her change of address but was told she would have to put it in writing as they couldn't change it over the phone. So she wrote to them confirming her new address and thought that was that. However, after not recieving any statements for a few months she decided to write to Next re-confirming her new address and to request her most recent statement.

 

After waiting a month and still no statement she wrote Next another letter, containing her new address (yet again), requesting her latest statement, a complaint about customer service and her wish to close the account after settling any outstanding balance. 2 to 3 weeks after sending this letter my OH recieved a letter from a debt collectors, at her new address , demanding payment of just under £80 on behalf of Next Directory. My OH replied immediately to the debt collectors enclosing full payment in good faith. She also sent a copy of this letter to Next Directory again requesting a statement to confirm that the amount claimed to be outstanding was correct and to also confirm the closing of her account.

 

To this day she has never recieved any response from Next to her requests for statements or complaints about customer service. She has never recieved any default notice in writing or other such communication from Next either. From the time of her moving home the only communication she has recieved that was related to Next Directory in any way was from the debt collectors. Funny how they could give the debt collectors her new address but they couldn't manage to put it onto any of her requested statements, don't you think?

 

What we'd like your thoughts on are whether she has a valid justification for getting the default removed from her records? Also, are Next at fault for not changing her address despite the OH sending them 3 seperate letters stating her new address? Your thoughts and suggestions are greatly appreciated.

 

PS: She doesn't recall ever signing any credit agreement with Next Directory and she opened the account in the late 1990's, if that's of any significance?

[silverfox1961]

Hi, sorry you were missed.

 

Defaults are notoriously difficult to remove but it can be done.

 

To begin with, I think you need to SAR Next:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

As well as what is on the request, you need to ask them for copies of all correspondence sent and received by them.

 

Read the template letter I have posted in the above link and edit it accordingly.

 

If Next didn't supply the DCA with your current address, they would have done a trace to find you. This could be how they found out where you live but it may be worth writing to them and asking what address Next gave them. If they refuse or give no response, you may have to SAR them too.

 

If you can prove that Next had your new address all along, this will go a long way in helping you get the default removed.

 

If all else fails, you can go to the Information Commissioner.

 

fox

[gcbrit]

Thank you for your response silverfox.

 

I think we will have to send off SAR to Next & potentially the DCA too, as you've suggested. Another confusing issue relating to this whole business is that on the Nationwide credit chack system the default was registered under my OH new address. The address that Next seemed incapable of sending any statements or even the default notice to!

[Bazooka Boo]

What does the default say on her credit file?

 

Does it say 'satisfied'?

Who placed it on there Next or the DCA?

 

If it says anything other than 'satisfied' then you need to contact which ever company has placed the marker on there and tell them to remove it.

 

You should also contact the CRA's and advise them that the information on your credit file is incorrect and that they should adjust it to suit as necessary.

 

If the company who placed it on there is uneducated enough not to remove it, then, ONLY if YOU are WILLING to take them to court, can you sue them for damages, currently standing at £1000 per incorrect entry on your CRF.

BUT, you MUST follow it through to the end, else making a threat of legal action and failure to follow it through only damages other peoples attempts at getting this information removed and to seek damages.

[gcbrit]

Thanks for your advice Bazooka.

 

On Nationwide's system it said 'Satisfied' but the default doesn't even show up on the OH CreditExpert report. We aren't 100% sure who's placed the default against her either but again on the Nationwide system it was listed under the address that Next weren't able to send any correspondence to. Very confusing?!

 

I must admit we've already been thinking along the legal route if we don't get any joy from Next. The OH may even contact a solicitor anyway as she thinks she can get discounted rates through her employers.

Edited January 31, 2010 by gcbrit

[gcbrit]

Just a quick update to let you know that Next have agreed to remove the default from my OH credit file.

 

Well that turned out to be a lot easier than I expected. But I guess I shouldn't get too carried away untill we've recieved actual confirmation.

 

Thanks to everyone for your comments & help!