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I had a Next Directory account opened in 1991 in which was paid off in full in 2004 and closed.

 

On checking my old statements it has come to my notice that their are various monthly PPI amounts deducted (£1,244 in total)

in which I cannot locate any agreement to or ever signing anything.

 

I sent the standard template letter with payment requesting Credit Agreement details etc.

 

I received a response from Next advising that when the account was opened a pack was sent

to me explaining that PPI was automatically added and would appear on the 2nd statement.

I was also invited to write to Next to advise if it was not necessary and how it could be cancelled.

 

Therefore it was not their responsibilty for suitability of said policy as they were not regulated at the time.

 

They also go onto say in the case of Next Directory consent is not given in the credit agreement

but is contained within the T & C's which appear in the Directory

and on the website and cannot confirm how the account was opened due to length of time ?

 

Next say that they do not need my consent to share information with such agencies as this would be addressed by agreeing to T & C's when placing orders.

 

Finally they are unable to provide a copy of a signed agreement

and that by law they do not have to anyway

but have sent a blank copy of Credit Agreement and final statement of account details.

 

I have today received a further letter from Next advising that I contact the policy administrator First Assist re PPI complaint,

who I called and they advised that it is Next's responsibilty for mis-selling ( as it was sold by Next) and not theirs ?

 

Now my questions are obviously what do I do next ?

 

Do I pursue First Assist / underwriters if regulated ?

 

If underwriters how can I find who they are ?

 

Also do I still submit a SAR to Next

or am I wasting good money ?

 

Any advice would be very much appreciated.

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if next have said in writing that PPI was added automatically without you input

then that's a clear case of mis-selling.

 

next ARE your target.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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if next have said in writing that PPI was added automatically without you input

then that's a clear case of mis-selling.

 

next ARE your target.

 

dx

 

Thanks DX

 

Just to give you update I called First Assist who kindly advised that Next Retail Ltd sold the policy ( but they were not regulated at the time) and First Assist were only administrators for the policy.

 

They also advised that Next would be responsible for accounts, issuing documentation etc to the customer so I will have to go back to Next with the mis-selling complaint.

 

I decided to email the CEO at Next and this morning received a reply.

 

They are again denying mis-selling but explained that the insurance was added automatically and that they would have sent copies of T & C's for cover advising that I could cancel within first 3 months of payments. Therefore the onus was put on the customer to cancel it if it was not necessary. I requested a copy of said agreement and they advised that their is no PPI information mentioned as it was a separate service ???

 

They finally advised that Underwriters at the time were Phoenix Assurance now Groupama and Next provided contact details. They also suggested that I seek legal advice and that they would be happy to liase with.

 

Sorry to sound stupid but what do I do next ?

 

Shall I request a SAR from Next ? Shall I contact Groupama for policy details ?

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as post 3

if next are saying in B&W it was added auto

then they are your target.

 

they cannot add PPI automatically as per the FOS etc

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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as post 3

if next are saying in B&W it was added auto

then they are your target.

 

they cannot add PPI automatically as per the FOS etc

 

 

dx

 

Thanks dx for your reply.

 

Comments noted but Next are saying that they were not regulated at time of sale and not subject to the jurisdiction of FOS, so no rules and regulations apply in this instance ?

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well the ABi code was around before GISC but not sure when.

 

I wonder what a quick call to the FOS might throw up?

 

its certainly very wrong for any firm to have made and state

that PPI was added routinely without any customer approval

 

and if they didn't cancel

is gives them the green light to carry on.

 

interesting case.

 

and then to put that in B&W too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
well the ABi code was around before GISC but not sure when.

 

I wonder what a quick call to the FOS might throw up?

 

its certainly very wrong for any firm to have made and state

that PPI was added routinely without any customer approval

 

and if they didn't cancel

is gives them the green light to carry on.

 

interesting case.

 

and then to put that in B&W too

 

dx

 

Thanks again for your reply.

 

Will give FOS a call and see what they say. Will probably suggest contacting the Underwriter as they would have been regulated or I know Groupama are as I read something on this site about them.

 

Should I still go back to Next in the meantime again disputing their findings ?

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Dx here is a copy of Next response :-

 

13 March 2014

 

Our Ref: ............

 

Dear XXXXX

 

Thank you for taking the time to contact Lord Wolfson. He’s asked me to look into things and reply to your email on his behalf.

 

I'm sorry for any confusion caused by the letter sent by my colleague. I do need to confirm that First Assist will only be able to help you if you have a complaint about the administration of the policy. If your complaint is about how it was set up, they will confirm that Next is responsible for the sale of the cover, as mentioned in our letter.

 

I understand you've requested that the Payment Protection premiums you've paid, be refunded. We certainly recognise that you are a loyal Next customer and would never want you to be left feeling disappointed. So I hope you'll accept my personal apologies for the inconvenience you've been caused by all this.

 

I know Jackie’s already explained this, but I just wanted to clarify that in December 1991, the insurance was added to accounts automatically. However we did then send you a copy of the Terms and Conditions for the cover, and confirmed you could cancel it within the first 3 months if you felt it wasn't suitable, for a full refund. It was then the customer's responsibility to ensure the cover was appropriate for their needs, or to cancel it if at anytime they felt it was not.

 

I understand you requested a copy of the credit agreement for your account as you wanted to check information about the Payment Protection policy. I need to let you know that it’s not mentioned in the agreement, as it was a separate service. However, I have attached a copy as requested.

 

I can confirm that at the time the insurance began on your account until 31 May 2006, the underwriters were Phoenix Assurance - although it is now Groupama Insurances. I've supplied the address we have for both companies below.

 

Phoenix Assurance Plc Groupama Insurances

Policyholder Services 6th Floor

PO Box 30 One America Square

Liverpool 17 Crosswall, London

L69 3HS EC3N 2LB

 

Sometimes we need to make difficult decisions, and I'm afraid that in this case, it remains unchanged. I appreciate you won't be happy with this. But if you do wish to pursue this matter, I would suggest you seek legal advice. We will be happy to liaise with any authorised third party. And I am grateful to you for giving me the chance to look into this and explain our position again.

 

With kind regards

 

Tina Robinson

Complaint Resolution Management Team

 

Regards

 

Bazza

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so you didn't sign for it

didn't want it

didn't know about

but they auto charged every customer regardless...

 

incredible!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
so you didn't sign for it

didn't want it

didn't know about

but they auto charged every customer regardless...

 

incredible!

 

dx

 

Yes I know hence why I went to the CEO at Next and they have even admitted in writing that it was automated and PPI was not even mentioned in the Credit Agreement !

 

I will have to speak to FOS as suggested but my main concern is regarding regulation. Fell determined with this one but on reviewing forum looks like this is the norm and no successes :x

 

Is there any other option do you think ? Not too confident with FOS at moment on other issues. The account was paid off in 2005 and zero balance, but was charged PPI from December 1991 till then totalling £1,243.57.

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  • 2 weeks later...
Yes I know hence why I went to the CEO at Next and they have even admitted in writing that it was automated and PPI was not even mentioned in the Credit Agreement !

 

I will have to speak to FOS as suggested but my main concern is regarding regulation. Fell determined with this one but on reviewing forum looks like this is the norm and no successes :x

 

Is there any other option do you think ? Not too confident with FOS at moment on other issues. The account was paid off in 2005 and zero balance, but was charged PPI from December 1991 till then totalling £1,243.57.

 

Just an up-date for anyone interested.

 

Spoke to FOS who suggested Underwriter route and

 

today received a standard fob off letter from Ageas / Groupama denying any responsibility

but just say that First Assist were responsible for the administration of PPI

and Next were responsible for the selling.

 

They don't say nothing else apart from this is their final decision and have 6 months to go to FOS if unhappy.

 

Should I go back to Ageas dis-agreeing with their decision as they have not responded to my comments stated in my letter or do I go back to First Assist ?

 

Any help what to do next would be appreciated

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  • 1 month later...

Baz

 

I have just gone back to the FOS because l had a fob off from Ageas as well.

 

I did SAR Next about 3 years ago and they could not even provide any PPI documentation,

 

l asked when l had requested it and they tried to say l had asked for it in a store.

 

All they keep saying is that no one was responsible for selling it, but it wasn't ever sold, it was just added to the account.

I paid off my account some time ago.

 

It seems amazing they can get away with it, l am thinking of issuing a letter before action.

 

Cups

 

 

 

 

Just an up-date for anyone interested. Spoke to FOS who suggested Underwriter route and today received a standard fob off letter from Ageas / Groupama denying any responsibility but just say that First Assist were responsible for the administration of PPI and Next were responsible for the selling.

 

They don't say nothing else apart from this is their final decision and have 6 months to go to FOS if unhappy.

 

Should I go back to Ageas dis-agreeing with their decision as they have not responded to my comments stated in my letter or do I go back to First Assist ?

 

Any help what to do next would be appreciated

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Baz

 

I have just gone back to the FOS because l had a fob off from Ageas as well.

 

I did SAR Next about 3 years ago and they could not even provide any PPI documentation,

 

l asked when l had requested it and they tried to say l had asked for it in a store.

 

All they keep saying is that no one was responsible for selling it, but it wasn't ever sold, it was just added to the account.

I paid off my account some time ago.

 

It seems amazing they can get away with it, l am thinking of issuing a letter before action.

 

Cups

 

Cheers Cups and keep me posted.

 

Mine is in the hands of FOS now as getting nowhere fast with Underwriters / First Assist.

 

Will keep up-dated with any developements.

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  • 4 weeks later...

[

 

 

 

 

Hi

Mine still with FOS but with Ageas, nothing heard for a while, will update you when l hear from them,

Cups

 

 

QUOTE=Baz1994;4524735]Cheers Cups and keep me posted.

 

 

 

 

 

Mine is in the hands of FOS now as getting nowhere fast with Underwriters / First Assist.

 

Will keep up-dated with any developements.

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[

 

 

 

 

Hi

Mine still with FOS but with Ageas, nothing heard for a while, will update you when l hear from them,

Cups

 

 

QUOTE=Baz1994;4524735]Cheers Cups and keep me posted.

 

 

 

 

 

Mine is in the hands of FOS now as getting nowhere fast with Underwriters / First Assist.

 

Will keep up-dated with any developements.

 

Yes I'm in the same boat, mine still with FOS / Ageas - had an up-date last week saying that they were still investigating.

 

Will let you know if I hear anything further.

 

g/l :wink:

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  • 1 month later...

Hi, really interested to read your thread as I've had my account since 1990 and only cancelled the PPI about 2 years ago!

 

Have you had any joy with progressing your claim, it really is a case of sustained daylight robbery!

 

Thanks

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Hi, really interested to read your thread as I've had my account since 1990 and only cancelled the PPI about 2 years ago!

 

Have you had any joy with progressing your claim, it really is a case of sustained daylight robbery!

 

Thanks

 

Not at the moment as claim still with FOS / Ageas, so who knows how long I will have to wait for a decision :x

 

Next Directory didn't want to know but suggested underwriters who then denied all responsibility but as they were regulated at the time, I had to pass it to FOS for their investigation.

 

Will keep you posted of any further developments.

 

Cheers g/l

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  • 4 weeks later...

Hi

Just spoke to FOS, they say they are in talks with Ageas / Next and the other company about this matter. Said it was all about who was responsible for the mess. I did explain that Lord Wolfson had committed to paper that the PPI had just been added to the account, so there was no selling if PPI it was just added without any consideration to a person's circumstances or consent.

FOS said they are dealing with it

Cups

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Hi

Just spoke to FOS, they say they are in talks with Ageas / Next and the other company about this matter. Said it was all about who was responsible for the mess. I did explain that Lord Wolfson had committed to paper that the PPI had just been added to the account, so there was no selling if PPI it was just added without any consideration to a person's circumstances or consent.

FOS said they are dealing with it

Cups

 

Thanks for the up-date cups and I also gave them a call today re mine - said exactly the same to me and that they would let me know as soon as possible.

 

Cheers

 

Baz

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  • 3 months later...

Just an up-date to say that claim still with FOS but did receive a correspondence at the end of July stating that they would respond in details by December 2014.

 

So in the meantime I contacted Next again and asked for any policy details and confirmation of any financial relationship with administrator and Underwriters.

 

Well I today received a copy of the Master Policy and confirmation of the policy number. It also clearly states that the policyholder Next are to declare every month to the Insurer / Underwriters premiums received and refunded and shall pay to Underwriters the net premium and IPT due after deduction of commission.

 

They also stated that policy administrators First Assist received remuneration from Underwriters / Insurer and the policy issue and insurance premium collection was carried out by Next.

 

So as Next plc were not regulated at the time of sale but Underwriters were, does the above confirm a financial relationship between all parties involved ? Is there anything else that I should be asking or to whom should I be addressing further requests ?

 

Thanks

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  • 4 weeks later...

That is interesting, the FOS seemed to think that it was being sorted out soon.

I found my own original statements and when l opened the account there was no PPI it was added later on without my authorisation, l would not have asked for it.

Cups

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