next directory

[me_n_my_kids]

ive just finished paying a DCA for debts with next in mine and my partners name, ive just read someone say that next had no credit agreement which im sure is the same in our case, im guessing its too late to do anything about this?

[therafalution]

I think the first thing you need to do is establish if a credit agreement existed. You need to request a copy of this under the consumer credit act. This will cost you £1. You also need to find out if there were any charges levied on your account, make this request under the data protection act Subject Access Request. Once you have this information you may at least be able to claim back any charges. I have received confirmation that there is no agreement on my wifes account and am looking at getting the debt dropped as it is unenforceable. Now this is where i get a bit foggy but i know someone will know more, but i think you may be able to reclaim what you have paid as the debt was unenforceable. If i am wrong you have my apologies. Good luck

[MollieUK]

Sorry but could someone explain this a little more as I have a CCJ put on me by Next for the measly sum of £175. I have been instructed to pay £50 per month to pay it off which I cannot afford and despite the lovely guy in the court bailiff office ( I know, contradiction in terms for bailiffs but the guys in my local area really DO help people) cannot understand why this has happened as he was with me when I filled in the forms before Christmas to state the above.

 

Please could someone advise, eternally grateful xx

[me_n_my_kids]

I have just read a thread on here entitled next defualt removal, and wondered if that was an option i could look into.

 

both me and my partner had accounts with next which went to dca's. both accounts are now settled in full but we have defaults. neither of us ever received a default notice, i would have kept it if we had.

 

is is wise to send a similar letter as the one on the other thread?

 

PS these accounts were settled last year

[buzby]

It all depends what type of accounts that went into default - those regulated by the CCA require a default notice to be issued, if you didn't receive one, complete with instructions on how to bring the account into order, you can appeal.

 

However, if it was a non-CCA default, these are totally unregulated and the firm can say you are in default and flag your credit record as such. The bad news is if the 'default' was correct, then this is a different issue from still owing the money - it will show as being 'satisfied', but the default flag will remain until it drops off (after 6 years).

 

I'm sure you'll agree that this is a scandal, especially if lenders and CRAs treat these non-formal defaults with as much distrain as a full blown CCJ. However, most firms using this tool see it as a way of retribution, and will not remove their self-imposed blight on your record. The only (currently) available recourse is to take them to the Sheriff Court and demand its removal - which can be done under the Small Claims track.

[me_n_my_kids]

hi there sorry i meant next directory

[buzby]

I don't think these are CCA-based, unless it's got a whopping credit limit! So there's no harm in writing to them notig that the account is cleared ('satisfied') and ask nicely to remove the default, as you understand some lenders are mistaking these for CCJ defaults (true). They can only say yes or no!

[me_n_my_kids]

oh ok, ty:) the credit limit was £3k but only £600 spent. i dont remember signing a cca... ill ask:)

[buzby]

Worth a try! Gooid Luck!

[oz4725]

They are a catalogue and they are covered by the CCA, albeit as with most catalogues you never sign an agreement. There's a thought, if it is an unenforcable agreement can you be defaulted on it. Someone with far more brains than me to answer that.

 

SAR them and find out how much they whacked you for in charges en route to the DCA. Reclaim it back from them, but now that your accounts are settled, while reclaiming your money put the removal of the default in the Prelim and LBA's too. Its a very slim chance theyre gonna go to court to argue about it.

 

Good Luck

[smartmartian10]

I have been in touch with Next Directory regarding CCA and SAR see link below

 

http://www.consumeractiongroup.co.uk/forum/store-cards/69695-next-directory-covered-cca.html

[me_n_my_kids]

this account was settled to a dca a few months ago, would they still have to send me the cca? or can they say it was got rid of?

[smartmartian10]

The DCA would still need to respond to a CCA request. You can also ask them for the Deed of Assignment and statement of account.

[smartmartian10]

me n my kids see my letter from OFT on post below

 

http://www.consumeractiongroup.co.uk/forum/store-cards/69695-next-directory-covered-cca-2.html