Next card - Default dilemma - PLEASE HELP!

[goldi1970]

Hi everyone,

 

I'm a bit of a newbie, so bear with me please!

 

I opened an account with Next about seven years ago, regularly used the card at the time and paid all payments on time. I then stopped using the card for about three years.

 

However, twelve months ago, I moved house and admittedly, due to my error, failed to inform them of my new address. (It was one out of the 30 or so I had to amend that I forgot!!)

 

Three months later, I used the card in-store.

 

A couple of weeks ago, my partner and I began applying for a mortgage, only to be rejected and informed we had a 'bad credit history'. Puzzled, we both logged on to our Experian credit file and thus revealed the above sorry chapter. Obviously I immediately 'satisfied' the debt, (£40 odd), only to be told that I can no longer obtain credit of any form for the next six years and, furthermore, my partner, because he is 'financially linked' to me, is in the same position.

 

What I find really infuriating is that, yes, I'm at fault, but during this period, they never contacted me once via e-mail or mobile, both of which I retained. They're quite happy to contact me for marketing purposes via these methods though I observe.

 

I've written a letter to Next asking if, in the circumstances, they would review my position and consider taking the default off my credit history, but to no avail.

 

I'm devastated at the far-reaching consequences this is now having, not only for me but for my partner and all for a paltry £40!

 

I really don't feel as if Next did enough to track me down to chase the debt.

 

Can anybody help? Do I have any leg to stand on with pursuing it any further?

 

Any help would be gratefully received.

THANKS!!!

Edited January 7, 2012 by goldi1970

[silverfox1961]

Hi and welcome to CAG. Sorry your post was missed.

 

I think you should contact Next in writing explaining the issue and see what response you get.

 

The Information Commissioner may help if Next won't.

 

Where a default is placed and the person didn't know about it and once they did, they satisfied the debt, the ICO 'may' deem the default unfair.

 

It's a case of go to Next and see what they will offer

[citizenB]

Silverfox contacted the ICO on your behalf and this was their response.

 

So it might be worth your writing to Next again and if they are still adamant they wont remove it.. contact the Information commissioner in respect of the default recorded on your file.

 

 

This is the response I got from the ICO when I asked this question

 

The issue of a formal default notice is a matter that falls under the Consumer Credit Act 1976 (the “CCA”). As we do not regulate the relevant sections of the CCA, this is not a matter that I am able to advise on.

However, for the purposes of the DPA, we would expect an individual’s credit history to accurately reflect their ability (or inclination) to repay any credit they are provided with.

In most cases, the question will simply be a matter of whether the individual in question is liable for an outstanding amount in line with the terms and conditions of their account. If this is the case, then there is usually little we can do to have the default removed, assuming that the account has been defaulted in line with our default guidance.

 

However, where the amount owed is relatively small and the lender has not taken steps to inform the individual that there was still an outstanding amount owed (i.e. the individual is likely to have immediately paid the debt had they been made aware of it), it is arguable that the default is unfair, as it does not accurately reflect the individual’s credit worthiness.

 

 

 

It could be argued that even though Next didn't have an up to date address, they did have other means of contact. There is also the question of how much did next do to contact the OP. One letter? More?

[gaz141]

Next are really crap when it comes to adresses though. I've had a Next card for about 12 years. Last year I moved to an address like this

 

Flat 1

123 High Road

london

w1 1aa

 

When I called them to amend my adress they changed it to

 

1-123 High Road

London

 

Never thought anything about it until a few weeks later I placed an order online. They called the next day to say my order had been cancelled and my credit had been cancelled. When I queried why they said that they review everyone's credit limit and decided that I was not as credit worthy as before and to contact Experian, even though I'd been promoted at work with extra ££££'s in my account. I argued that I had just moved and the format they had my address in was not right, but to avail. I insisted they change my address to the format it should be and with much humming and hawing they did, but moaning all the while the system would not like it. 2 months later, lo and behold my credit limit was back in place when experian updated my credit file, addresses matched

[dave354uk]

I am currently in the process of taking Next to court over a default, I will let you know how I get on.