Next and the Dreaded Blank CCA

[myfishy]

Hi,

 

First time poster.

Ok, a few months ago my husband lost his job. We printed off a statement of means form and filled this out, we then sent the form along with an offer of payment (£5) to our creditors. Some were brilliant, some not so....Next was one of these. They demanded £30 per month. We sent another nice letter to them asking if they could reconsider our offer as several other creditors had accepted the same offer of £5, again Next basically told us to 'do one'. The phone calls then started.

 

I requested a 'true copy' of my CCA on 30th April, they sent me a blank CCA, no letter in the envelope but a lovely 'with compliments' slip, they also cashed the £1 postal order against my balance. Since then the phone calls have got progressively worse. I sent another letter stating that they had not supplied me with a 'true copy' therefore the debt is now in dispute. Not had any letters back as yet but had a charming conversation with one of their representatives who basically told me that because I had ordered items and these had been delivered to my address then this constitues a binding agreement.

 

I know Next are a nightmare to deal with as they seem not to think that the law applies to them.

 

I have also told them to stop contacting me via the phone as I'm not getting 2 - 3 calls a day, they have said they do nothing in writing it's all verbal???!!!!!

 

Can anyone help and point me in the right direction as to my next (no pun intended) course of action.

 

Many thanks in advance

[myfishy]

Another 3 calls from them today. Sent a harassment letter and said that everything had to be in writing. On one of the calls the member of staff told me they will continue to contact me via phone until they had the letter.

 

I still have had no reply from the 'account in dispute' letter as I feel they have not supplied me with a 'true copy' of my CCA. Just a bit worried as I have searched a couple of forums and it seems like Next send out blank CCA's and just won't accept they are not sending the correct information.

 

Forgot to mention that this account was set up automatically for me 2 years ago when I bought something online.

I checked Nexts website under terms and conditions and it does say that when the account is open they will send 2 copies of the CCA, one for my records and one to sign and return. I didn't sign and return the CCA.

[ims21]

So what is the end goal here?

 

I take it there is a debt that you owe...is it just a matter of coming to an arrangement with them to repay it?

 

Are there any unlawful charges on the account which you could claim back?

 

Have you got all of the statements for the account?

[myfishy]

I'm not trying to get out of any of my debts, far from it. I have contacted all my creditors and offered payments until my circumstances change. The problem I have with Next is that 2 letters were sent offering £5, this was a stretch and I was advised to offer £1 but wanted to show good faith. Each time I got a 'bog standard' letter stating that this was not enough. They then started to phone me demanding £30. Which I could not afford.

 

In the end someone rang me and said they would accept £10 per month for 6 months IF I signed a credit agreement. £10 is still more than I can afford. I'm just worried that if I accept the £10 per month after 6 months they will start harassing me for more money.

 

I don't have any statements and I would think that they are applying late charges to the account

[ims21]

OK so you tell them what they are going to get, don't ask.

 

You then send them that amount regularly and keep it up.

 

It would be a good idea to send them a Subject Access Request (SAR) so that you can get all of the statements for the account. There is a template in the CAG library, the link to which is at the top of every CAG page in green. Cost is £10 and they will have 40 days to comply.

 

From the information that comes back it will be possible to work out the claim for the unlawful charges and thus get a true picture as to what is owed on the account.

[myfishy]

Thank you