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Help Does this agreement comply with prescribed terms in consumer credit act 1974?

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Hey guys


I need some help next registered a default in my name for a so called account I had with them. I am arguing with them over this. As a result of my ongoing argument with next I asked them to supply me with a singed executed copy of a consumer credit agreement under section 78 (1) of the consumer credit act 1974. Does their blank agreement which I never signed comply with all the prescribed terms?


I was shocked to get an email back from next stating they do not have a signed credit agreement on file. As a result they supplied me with a copy of a blank credit agreement which they typed the information I gave them in my email on to the blank. Now as far as I am aware as the account was opened in 2005 it has to comply with consumer credit act 1974 section 61 which states the credit agreement has to be signed by myself or it is not properly executed.


Section 127 (3) says The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).


Does this mean that next can't enforce this and that next don't have the right to register a default against my name with the credit reference agencies?


Hope someone can help me!

CA7 1 (1).pdf

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are you saying it isn't your account?

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They cant enforce the agreement in court as they dont have the agreement




the debt still exsists so they can register a default


i would be demanding by way of an sar a copy of the default notice, if they dont have one or its duff, you can argue for the default removal


even better if they supply a termination notice so send next an sar request

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and did you apply online for the account?

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I had not to the best of my knowledge applied to next nor have I ever had information sent from next or by a dca the address they have on file is mines. However after requesting to see everything on file they sent me the notes and a list of statement's. When I asked for a copy of a signed credit agreement there own customer relations manager stated they do not have a signed credit agreement on file. This is incorporated in the notes which was provided at my request the letter they sent with the notes and statement states this forms their final decision. The notes show an entry stating that the date of birth was updated 6 months after the account was opened from the original date of birth which was supplied at the time of the account opening and coincidently was in fact not my date of birth. The new date of birth is in fact my date of birth but I always give my date of birth at the time of opening an account.


Further to this next have in fact not sent me a copy of a default letter bearing in mind I asked them to send me a copy of everything they had on file. As next have sent only statements and notes I am assuming that's all they have on file as my request was quite clear when I asked for EVERYTHING they have on file and as there letter states it constitutes there final decision I am assuming they have no default notice on file as they never sent it out to me and my request had been clear for everything they hold on file regarding me. I doubt what I would get would be an original default notice anyway as they would probably just re fill in the information using a default template using the information they have on file. I also note there is no proof of deliveries either which I did ask them for.

Edited by robd4567

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This sounds rather like one I am going through just now with Carboot re a Vanquis account. Difference is that my account was opened post April 2007 so 127 (3) doesnt apply. To get them off my back I have agreed a 30% F&F. That in itself doesnt really help you all that much, BUT its not bad for a F&F (and given the debt wasnt that large anyway, getting it down to 20%, or even 10 wasnt going to make that much differnence). They opened up at 50% and came down quite easily, which makes me think that the threats I made about any defence I would put up at court (the 30% is worth it to avoid court) must have worried them, at least a bit.

The problems they had were similar to your own - no default notice (they actually sent me a default notice with someone else's name and address on it); a CCA which while I applied online didnt even have a tick box and only had personal details on me that you could get from the phone book; Vanquis never did fulfil my SAR. These all sound similar to your situation, and you can use 127 (3) - if my acount had been pre April 2007, they would have been told to foxtrot oscar.

What you have put on your thread all looks well researched, logical and consistent with my view of the requirements of the CCA. My only other word of advice is that the aim of these guys is to get you to cough up at least some money and they will often say whatever they have to in order to get you to do this.

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Hey guys wee update. I sent next an email telling them I do not accept or acknowledge ever having had such a debt I was then rather kind enough to point out they could foxtrot oscar. I pointed to them what confirms it could not have been me like the date of birth being wrong and only being updated six months after I also pointed out to them supplying me with a blank copy of a credit agreement was in fact not acceptable by law and claiming they had met the obligations under section 78 (1) was completely in accurate as they did not have a signed credit agreement on file.


I made it clear to them that should any debt collection company attempt to collect on this debt I would make the same clear to them. I was even kind enough to point out that section 127 (3) clearly states where a credit agreement has not been signed no action maybe taken. I pointed them to the scottish court rules that states upon request by me if they did attempt to enforce a debt by legal action they would have to provide me with the executed signed credit agreement where they were unable to do so it would be ruled unenforceable by the judge. I told them if they didn't remove the default I would begin legal proceedings. I also pointed them to OFT guidelines and reminded them that the information commissionaire states that they may only register a default where they have a credit agreement between me and them and can prove it exists.


Leaving nothing to chance a month ago when I first disputed this case with next I had registered a complaint with equifax when I got next's mickey mouse attempt to comply with section 78 (1) I reminded equifax that as next had no credit agreement on file and it was of my opinion no such agreement ever existed they should remove the default immediately. Two weeks went by and I never got a reply so I threatened legal action and the said they had sent to next for information. When I got nexts notes I pointed out to equifax that the notes I received backed up the email next sent me which I had given them a copy of at this point I got mad :mad2: as they had not given me an update as requested so I told them if they don't reply I will here there reply in court. Yesterday I got and alert from equifax saying my credit file had been changed sure as fate there was a message in my online dispute section a month on from the initial complaint stating that as they had not heard back from next they removed the default.


I also sent next a long winded email reminding them of section 127 (3) applying to this account and telling them it is off my opinion that no such credit agreement ever existed based on the fact that the date of birth on the account on the original day of opening was in fact the wrong date of birth and that there records show this was not updated for six months after the account was opened stating I always give the correct information at the time of opening combined with the fact they didn't have a signed credit agreement it was in my opinion that no such account ever existed and that they had no right to enforce it. I gave them seven days to reply they haven't as a result I am taking it they have written this off and that this is the last I hear from them. My next task is to get the defaults removed by the credit reference agencies which the banks registered against my name despite knowing at the time I was and still am fighting with them over bank charges. Just shows you we the little people need to stand up to these big companies show them we know our rights and will exercise them when we do they usually try and fob us of with s**t but when we don't fall for it they give in cause they know we won't be bullied.


Power to the people!:wink::wink::wink::wink:

Edited by robd4567

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