Next now cabot !

[littlefatbudha]

Hi all, received a letter from Next a few weeks ago regarding an old account that was opened approx 1999, any way fell behind in payments and there is a default on my cra from 2008 regarding the account.

Any way received a letter from next stating that if i did not contact them,within 20 days regarding the outstanding balance, then the account would be sold to dca.

As soon as i received this letter, i sent an "i do not acknoledge any debt to you" template, this was sent 1st recorded and received by next well within the 20 day time limit.

Did not here anything until a letter turned up from cabot, stating they had bought the debt, and this included an alleged letter from next confirming this (not sent recorded).

My questions are , should next have sold the account ?

Did next have a duty to prove the debt to myself,ie agreement.

Should this have to go back to next.

Can this be reported, to OFT,etc.

[rebel11]

hi little

 

Is the debt statute barred - 6 years or older?

Is this the letter you sent?

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

[unclebulgaria67]

Last payment made in 2008 according to their post.

 

Sounds like dispute letter was sent. Next in accordance with the t&c's can sell the debt on, but they shouldn't really do so, when the account is in dispute.

 

Next will argue that there were no grounds for dispute, so they have every right to sell or assign the debt. At the moment, ignore Cabot, just tell them that you are currently in communication with Next about this, so are unable to assist them.

 

Your next step is to make a subject access request to Next for all the information you need. This will cost you £10. You could send the following letter to Next by recorded delivery, addressed to their Data Protection/Compliance officer.

 

Data Protection Act 1998

Subject Access Request

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

[littlefatbudha]

No, the debt is only about 3 years old, or there abouts tops 4.

received letter:

 

sent letter:

 

May 2010

Dear Sir/Madam,

 

Next directory customer no:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to Next directory.

 

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply within 14 days.

 

Yours faithfully

Edited July 11, 2010 by littlefatbudha

[harrassed senior]

So I assume that the 6 year rule is running from the default in 2008?

 

I would send the CCA request to Crab bots.

 

You could send SAR to Next, but personally I would wait and see what comes back from the CCA this is the 'cheapest' way of action first off.

[tindwcel]

The six years does not run from the date the default was registered, but from the date of the last payment or written acknowledgement.

[littlefatbudha]

I have not sent CCA yet, just the letter above ,which was posted to next !

They say they will sell if no communication is received, well what is the letter that i sent then.