Next Default Notice

[citizenB]

Well, Strange one really just recieved call fom Next t say they recieved my email and letter, and that they will be sending a letter out explaining the default notice, so by the sounds of it they are still sdamant the dcument is in fact a legal default notice.

 

So my next step will be to await the ICO outcome of looking into the matter, and then decide where to go from there.

 

Have spoken to a solicitor about this who said I should get it overturned, but i know that i couldnt afford to pay for a solicitor to get nvolved, and know almost zero about law and how to go about taking this further, so will be hoping for some better news off the ICO, depending on how ong they take to look and deal with a case

 

The ICO will probably take a while to get round to your case, but if you have suffered damage on incorrectly recorded infromation then you should be able to obtain compensation.

 

Neither of the letters they have sent you (those you have posted up) are Default Notices.

 

The law was changed in respect of DNs and the amount of time given to remedy breaches on December 19, 2006. Prior to that date you were only given 7 days, after that date the regulations changed to 14.

 

So really what you need is a copy of a Next Default to see how they WERE prepared around the time they say they sent it to you. That would at least give you some idea if they did adhere to the prescribed format.

 

IMHO, you should send a Subject Access Request to include a copy of their communications log where they say they record their DNS would need to be requested as well. That way you would know the exact date they sent it.

 

HTH

[SmudgeonmyCredit]

Where about do i find the templates for the SAR?

[cerberusalert]

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

[SmudgeonmyCredit]

Thanks cerberusalert,

 

Am determined to take this all they way.......

 

If I had recieved a default notice then this would of been dealt wit way back in 2006, as soon as Cabot contacted me I paid immediately, just wish I had the documentation before default.

[cerberusalert]

just wish I had the documentation before default.

You should get that with the SAR to the original creditor.

[SmudgeonmyCredit]

Would thy send any screen grabs with this letter as i see there isnt a specific point mentioning this type of data?

[cerberusalert]

Any data they hold on you, telephone calls, electronic data which includes screen shots, letters sent/received etc. etc.

[SmudgeonmyCredit]

will also SAR Cabot, who brought the account, as they may ha received paperwork from next that might come in handy

[cerberusalert]

Cabot will have very little info other than your basic a/c details.