Next & Cabot

[Joeywasmybudgie]

Morning everyone -

 

This is my first post, so please be gentle with me!

 

I used to have a Next Directory account which I defaulted on some years ago but which I was under the impression that I had satisfied... it doesn't even appear on my credit report anymore. If I remember correctly the default happened maybe 5 years ago - I'd have to dig out my old files to confirm.

 

This morning I received a letter from cabot asking for £141.38 which they say is a debt they recently bought from Next.

 

When I called Next they were about as helpful as a kick in the behind - told me to contact Cabot... and Cabot are simply insisting the debt is still owed?

 

I'm just not quite sure what to do.

 

Any advice?

 

Thanks

[cerberusalert]

If it's dropped of your credit file it's more than likely Statute Barred. For the time being send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt The onus is on them to prove a debt exists and they have the right to collect it.

[Joeywasmybudgie]

If it's dropped of your credit file it's more than likely Statute Barred. For the time being send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt The onus is on them to prove a debt exists and they have the right to collect it.

 

Fantastic - thank you so much

[Fester Tester]

Alternatively, just tell them to go play in a minefield.

[Joeywasmybudgie]

Alternatively, just tell them to go play in a minefield.

 

I did consider that, although not quite so politely. The woman I spoke to at Cabot was soooooooo rude!!!

[Fester Tester]

They are trained to be rude. DON'T speak to them on the phone again.

 

2 things here...

A: It's statute barred.

B: Next never gets customers to sign an agreement anyway.

 

Write to them, tell them you don't acknowledge that you owe them a penny, and even if you did, they would be precluded from enforcing it by virtue of the Limitations Act.

 

And that if they pester you again, you will report them to as many regulatory and advisory bodies as you can find.

 

And mean it.

[Joeywasmybudgie]

They are trained to be rude. DON'T speak to them on the phone again.

 

2 things here...

A: It's statute barred.

B: Next never gets customers to sign an agreement anyway.

 

Write to them, tell them you don't acknowledge that you owe them a penny, and even if you did, they would be precluded from enforcing it by virtue of the Limitations Act.

 

And that if they pester you again, you will report them to as many regulatory and advisory bodies as you can find.

 

And mean it.

 

Thanks Fester.

 

I've sent them the prove it letter as mentioned by cerberusalert so will wait to see what they come back with. I also won't speak to them on the phone again.

[Joeywasmybudgie]

Hi Guys -

 

Got a response from Cabot this morning, quoted below -

 

"Dear XXXX

 

Your Query

 

Further to you recent communication regarding the account detailed opposite.

 

We can advice that this account defaulted with Next on XX May 2005 with and outstanding balance of £XXXX. Cabot Financial purchased the account on 15 June 2010 with an outstanding balance of £XXX.

 

We can confirm this account has been moved to our Customer Relations department while we carry out an investigation.

 

In order to commence with this investigation please can you outline the reason for your dispute.

 

We trust this clarifies the situation and await your response."

 

Now, I do remember this account but I don't have paperwork going back that far I can't believe I would have left any balance on the account - basically, they say I paid all but £140 off a balance of over £1100...

 

I'm not sure what my next step should be?

 

Any advice?

 

Thanks

 

BTW - this "debt" does not show on my experian report or my equifax report.

[cerberusalert]

They still haven't proved anything, they need to send a 'Statement of Account' showing payments made + dates. Send them a CCA request.

[Joeywasmybudgie]

They still haven't proved anything, they need to send a 'Statement of Account' showing payments made + dates. Send them a CCA request.

 

Ok - will do that now - Thanks for replying so quick, appreciate it

[Joeywasmybudgie]

Ok - the shame of having to ask this really daft question (apologies in advance) but who should the postal order be made payable to? Cabot or should I just leave it blank?

 

Thanks

[bigandyuk1]

Leave it blank as Crapbot usually send it back anyway...

[Joeywasmybudgie]

Leave it blank as Crapbot usually send it back anyway...

 

Thanks Andy

[citizenB]

Hi Guys -

 

Got a response from Cabot this morning, quoted below -

 

"Dear XXXX

 

Your Query

 

Further to you recent communication regarding the account detailed opposite.

 

We can advice that this account defaulted with Next on XX May 2005 with and outstanding balance of £XXXX. Cabot Financial purchased the account on 15 June 2010 with an outstanding balance of £XXX.

 

We can confirm this account has been moved to our Customer Relations department while we carry out an investigation.

 

In order to commence with this investigation please can you outline the reason for your dispute.

 

We trust this clarifies the situation and await your response."

 

Now, I do remember this account but I don't have paperwork going back that far I can't believe I would have left any balance on the account - basically, they say I paid all but £140 off a balance of over £1100...

 

I'm not sure what my next step should be?

 

Any advice?

 

Thanks

 

BTW - this "debt" does not show on my experian report or my equifax report.

 

You are not obliged to detail your dispute with the original creditor. OFT advise DCAs to ensure their clients pass accounts to them that are free from dispute. If they need to know, then they should ask their Client.

 

Ok - the shame of having to ask this really daft question (apologies in advance) but who should the postal order be made payable to? Cabot or should I just leave it blank?

 

Thanks

 

Leave it blank as Crapbot usually send it back anyway...

 

Whilst this might be tempting.. you should make out the postal order as you would a cheque .. to the person who is going to bank it. In this case I imagine Cabot. You should cross the postal order to ensure it is only paid through a bank. If they do send it back then you can return it to the post office, along with the receipt that you were given from the post office on purchase and get your money back..

 

Ok, ......

 

Did you sign any documents when you opened the account ?

 

Next provide credit, they are CCA licence holders and therefore an agreement is required.

 

If you are convinced you didnt sign an agreement, there is no point in asking for one.

 

If there is no agreement then S61(1)((A) CCA 1974 was never complied with therefore the debt is and remains unenforceable.

HTH

[Joeywasmybudgie]

You are not obliged to detail your dispute with the original creditor. OFT advise DCAs to ensure their clients pass accounts to them that are free from dispute. If they need to know, then they should ask their Client.

 

 

 

 

 

Whilst this might be tempting.. you should make out the postal order as you would a cheque .. to the person who is going to bank it. In this case I imagine Cabot. You should cross the postal order to ensure it is only paid through a bank. If they do send it back then you can return it to the post office, along with the receipt that you were given from the post office on purchase and get your money back..

 

Ok, ......

 

Did you sign any documents when you opened the account ?

 

Next provide credit, they are CCA licence holders and therefore an agreement is required.

 

If you are convinced you didnt sign an agreement, there is no point in asking for one.

 

If there is no agreement then S61(1)((A) CCA 1974 was never complied with therefore the debt is and remains unenforceable.

 

HTH

 

Thank you citizenB.

 

I don't think I signed an agreement, I'm pretty sure the account was opened online but it was years ago... more than 6. But in all honesty I couldn't be absolutly sure

[Fester Tester]

Next never get an agreement signed. Their argument is always, you bought it, you pay for it.

 

Whilst morally they might have a point, their argument falls flat at the point where you have paid back the entire cost of the goods: slapping an exorbitant rate of interest on already overpriced goods where you have never agreed to that rate is simply theft, IMVHO.

 

So... I do think that once anybody has reached the point of having paid the price shown in the catalogue, their moral and legal obligation to pay anything further ceases.

[harrassed senior]

You could well find that the extra £140 is made up of charges added along the way and should not have been. Hopefully the Statements you have requested should show this.

[Joeywasmybudgie]

Next never get an agreement signed. Their argument is always, you bought it, you pay for it.

 

Whilst morally they might have a point, their argument falls flat at the point where you have paid back the entire cost of the goods: slapping an exorbitant rate of interest on already overpriced goods where you have never agreed to that rate is simply theft, IMVHO.

 

So... I do think that once anybody has reached the point of having paid the price shown in the catalogue, their moral and legal obligation to pay anything further ceases.

 

I wholly agree with you Fester - I will pay it, if I owe it but I just don't believe I would have paid all but £140 off a debt of over £1,100... it just doesn't make sense.

[Joeywasmybudgie]

You could well find that the extra £140 is made up of charges added along the way and should not have been. Hopefully the Statements you have requested should show this.

 

Very possibly...

[Joeywasmybudgie]

Update -

 

I posted the CCA request last Tuesday (3/8/10) and have now had a response, dated 5/8/10, they are keen!! They've sent me back my £1 PO (why is this?) and have said they have asked the original lender ie Next to provide the info. They say they should be able to provide it within 12 days.

 

Do my 12 + 2 days mean from the date I posted my letter, regardless of their holding response? And should I send the "account in dispute" letter on 16th august anyway, assuming I don't hear from them further?

 

thanks

[citizenB]

Update -

 

I posted the CCA request last Tuesday (3/8/10) and have now had a response, dated 5/8/10, they are keen!! They've sent me back my £1 PO (why is this?) and have said they have asked the original lender ie Next to provide the info. They say they should be able to provide it within 12 days.

 

Do my 12 + 2 days mean from the date I posted my letter, regardless of their holding response? And should I send the "account in dispute" letter on 16th august anyway, assuming I don't hear from them further?

 

thanks

 

Some companies do return the fee... you can get a refund on the postal order (but only the face value, not the fee you paid as well). Just take it to any post office along with the receipt you obtained when purchasing it. Just say it was returned by the company, you could always take the letter they sent you.

 

Yes, stick to your timetable. If you havent received a copy within the 12 + 2 days.. send off the reminder.

[Joeywasmybudgie]

Thanks citizenB - will do that.

[Fester Tester]

They send back the £1 because I, or rather my alter ego Seahorse, told them they were not entitled to it if their contention that they do not have to respond to a CCA request is correct, since clearly that means that they do so out of the goodness of their heart.

 

Doesn't mean they are not duty bound to do so, however. Just that they don't accept the fact. Not in writing anyhow.

[Joeywasmybudgie]

They send back the £1 because I, or rather my alter ego Seahorse, told them they were not entitled to it if their contention that they do not have to respond to a CCA request is correct, since clearly that means that they do so out of the goodness of their heart.

 

Doesn't mean they are not duty bound to do so, however. Just that they don't accept the fact. Not in writing anyhow.

 

Ahhhh... Thank you.

[Joeywasmybudgie]

Can't bloody believe this but Cabot, have now updated my Experian File with a default!!! (Must also check Equifax)

 

The account was opened 5/4/02, it was defaulted on 13/05/05, so they say... and they have updated my file to 1/8/10 -

 

Can they do this while the account is in dispute?