NEXT- Default removal

[Movingon]

Recorded Delivery is useless; it relies on a Postman who can't be bothered putting in his paperwork. It OFTEN shows "Not Delivered" when in fact the item was delivered in double-quick time. The only sure-fire way to get proof of delivery is to use a service which is guaranteed under the Postal Services Act such as "Special Delivery". It costs a bomb but the Royal Mail are scared to death of it failing so they really come down on Posties who don't get the paperwork right.

[doo]

Stonelaughter, thanks for that, it's frustrating and as you say special delivery costs a bomb, will have to now try and trace if the letter was delivered.

[saints12]

Hi all...This may be worth trying send your letter recorded delivery as normal and put a cheque in it for £1.00 and the chances it will go thru there payment system and therefore it will prove they did actually get the letter. What have you got loose , if they don't know what the cheque is for the chances they will return it so either way it proves they received the mail from you........

[doo]

Thanks saints, will keep my thread updated when I have an outcome.

[spitting kitten]

I had a letter from Next stating that they could not help me any further with my complaint and this would be the last letter to me Blah Blah Blah. So I forwarded this onto the I.C.O to add with the other 10 pages of bumph I sent them. I got a letter back yesterday from I.C.O saying they got the letter I forwarded to them but they have NO DETAILS of anything else I have sent to them. Please could I re send full complaint copy. I could scream, how did my complaint get lost I have proof of posting. I need to start this all over again, so sorry folks may be some time before I get back to you on this one. However I would like to know how anyone else gets on. I will fight to the death on this one........

[spitting kitten]

I was going through my new credit file when lo and behold Next have vanished :o I am going to keep this copy for proof. I had a car on HP which didn't show on my file and now it does but the Hp is due to drop off in 2 months time as the 6 years is almost up from when it was paid off. If Next reappear on my file can I make them take it off? and how do I stand that the 2 other cra's are still showing Next? Shall I send them a copy of my credit file?

 

S.K

[b8byd]

Hi Spitting Kitten

 

I'm just subscribing to your thread as Next have just placed a default on my file and i'm not happy. I sent them a s.10 Notice in July and they have already admitted they don't have a credit agmt so their processing of my data is wholly unlawful under the principles of the Data Protection Act. I called up the Information Commissioner's office today and they advised me to write one more letter to Next to give them a chance to remove the default and if they don't respond within 14 days to submit a complaint with the ICO. I'll let you know how I get on and i'll be watching your thread with interest.

 

Good luck!

[freddyj]

Hi S-K,

 

Very interesting thread on Next especially since something similar happened to me!

 

Next insist that receiving goods and paying off each month is enough for them to record activity with the CRA's - I take it that this is false?

 

Also they have written to me to say that they don't have a signed CCA - yet they will not remove the default notice.

 

Again, it appears that I haven't had a proper default notice, only a letter similar to yours saying debt will be passed on! Even then the date of this letter is 2 weeks after the default date on my credit file!

 

I have written to the I.O.C and will keep you posted....(just a shame that this takes months for an answer)

 

Any update on what's happened to you? Were you able to get yours removed in the end?

 

Is the fact that they have no signed CCA - enough reason not to have processed any data about me?

 

Thanks - FREDDIE

[suzby83]

Hi, I just wanted to know the outcome of the complaint. I am in a very similar situation. Same default notice received and NEXT can not provide me with a signed credit agreement.

 

My account is closed and no outstanding debt. My complaint is a default recorded by next, that i need removing asap.

 

Cheers

[laurap]

FAO Suzby...

 

Just a quick reply...I will post a more up to date one as soon as I can!

 

I had a reply from the I.C.O who have said that their response is a final response with no chance of an appeal! They have basically said even tho' Next haven't got a signed CCA the default still stands as they are obligated to record information on me.....basically lots of bla..bla..bla...I was met with a similar response from the F.O.C who said that it still stands and I need to contact the I.C.O.

 

There is more detail I need to add as soon as I get chance but it appears that even without a signed consumer credit agreement and a proper default notice those organisations that should help us are siding with the big companies!!!

 

Thanks

FREDDIE

[suzby83]

thats sucks!! i've registered my complaint with the ICO and FOS. Not feeling to confident that i will win here.

 

You would think they would just remove the default due to the credit crunch! More and more people have poor credit due to past personal problems and no lender will give anyone credit because of the default data. in my opinion its better if they just remove the data and try and give people a chance to proove themselves and get this country back in circulation with borrowing again.

 

Let me know how you get on!

[suzby83]

any update??

[AegHer]

Hi All,

 

I am going throught the same problem with them - they are jokers!!!

I sent them a letter requesting a "true copy" of the default notice, they wrote back saying by law they do not have to do this, i also asked them for signed contract which they said they did not have to do??? I asked for copies of all documents and questioned them, as they did not change my address so i did not receive anything, they now refuse to correspond with me. I thought i might write to the MD of Next and complain about the department etc. They will not correspond and refused to answer a question - they know i am right. Any ideas what we should all do next?

[suzby83]

To be honest i've given up. I've just been made redundant so i've lost motivation to takle them until i find a job. I'm sure someone will be along soon to help you.

 

Good luck

[Winged Piglet]

Hi - reading your thread with interest as I too am going through the same scenario with Next -they are a joke!

Firstly I ask for a copy of a CCA - they send me a copy of one that looks a bit like one that I might of signed??? Send Account in Dispute letter - they send me another agreement (different) a bit like the one I might have signed. Check Credit files and find a Default registered but never received DN. So ask Next politely for a copy -they send me a copy (it has COPY stamped on it) of the original default notice which they are obliged to keep by law. However, I realise that I have said 'letter' in file all along which they claim is a vaild DN, except low and behold, this copy of the original has been altered i.e date as it just said the month and mysteriously my address has been corrected as was wrong on my copy.

 

Have reported them to TS and have made a major complaint to their Compliance Team who then verbally admit they do not have any agreement as account is too old. So crimes so far - insisting they have a cca and passing off an unsigned version under the copy documents 1983 old chestnut then an ' amended' DN which is not a DN or looks anything like a DN. They also swore that they had sold on the debt the day after I missed a payment and would not accept payment of the arrears but now have back tracked and have said that it is still with them - well they ain't getting a bean now!!

 

I intend to get this Default removed permanently and make their activities known to all and sundry - will keep you posted.

 

If Next are defaulting without any sort of Default Notice then please contact Credit Fitness Team at OFT - you can e-mail. If enough enquiries come through they will be forced to take action OR Leicester Trading Standards.

 

With ref ICO - they are slow and if you use the no agreement approach they will bat it back - however registering a default without a DN or valid DN is against their own guidelines - see ICO website - A guide to registering Defaults with Credit Reference Agencies.

[AegHer]

That is very interesting - Thank you.

 

They sent me a copy of the DN, or what is supposed to be a copy. I am convinced it was fabricated as they have the incorrect address, which i changed with them, yet they refuse to answer this question???? Makes me think i am even more right. They are a joke and will not help at all. As soon as your correct they will not correspond with you any longer. I will help anyone trying to remove a defualt notice from them. I want me and others to be sucessful as i am sure they are trying it on!

[AegHer]

I am not sure if i can report them to trading stanadards, but i am going to have a go..........

[johndeevoy]

The only way to resolve the matter to to sue them. Reporting to ICO, OFT, FOS, etc will get you nowhere. If they have incorrectly placed a default on your file and you have corresponded with them to no avail put them on notice that you will be suing them for damage to your credit reputation and then issue proceedings. There is a lot of advise on these forums as to how to do this.

 

Also, this guy got awarded over 100k because of losses incurred due to an incorrect default on his credit report. RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney

 

The only thing the banks/creditors will understand is whopping great Court judgements against them. Until people start suing for these incorrectly placed defaults, creditors will continue to do as they please with peoples credit files, as others have rightly pointed out the ICO and other organisations just don't want to know or else side with the banks.

[AegHer]

Hi johndeevoy,

 

Many tnaks for all the info. Im just not sure that i would have a leg to stand on. when i was questioning Next, they said regardless of anything, I knew i had the account, and i knew it had to be paid. this is correct. However, my view is that no statements etc were received so i therfore never knew how much i owed and weather to pay or not. It would cost a lot of money to sue and i am not sure its worth it for £453.00. Unless i could sue for stress, worry and the fact i am unable to get credit!!! What do you think?

 

AegHer

[johndeevoy]

AegHer - you should open your own thread so that you can get advise on your specific situation. It sounds like they have defaulted you for an old account but you will need to provide specifics in your own thread. Your next step would be to send a SAR letter. There should be a template in the template letters forum. Sorry I can't link as I am at work.