NEXT- Default removal

[doo]

Thanks for that, also saw your post on other thread. I am going to send CCA letter on Tuesday and also want them to send me a copy of my default notice and also a copy of my T&Cs that related to my account. I think it may be best to start there - don't want to get too complicated to start with, maybe see what they come back with. As far as I am concerned if they cannot supply me with a copy of default notice (and I certainly did not receive one) then they should not have put default on my Credit file. Also if the contract between Next and I is cancelled due to defaulted account - and thereby the permission to disclose data died with it unless there was a clause that states disclosure after the end of the contract. In which case OFT and ICO both confirm that CRAs have no legal right to hold any default settled on historic data unless it is in terms of contract. Hope this all makes sense, have been doing a lot of reading. Do you think though it is best to start off and ask for CCA, copy of default and T&Cs relating to account?

[sparkle51]

I have just received a phone call from Jan Smith at Next regarding the letters I have been sending to get my default notice removed, Think she was a bit confused but basically i said that as they couldn't provide me with a signed CCA as far as I was aware I hadn't given them permission to process my data with a third party and consequently the default notice should be removed. She said that she was passing my letters to the data protection manager and assured me he would be dealing with it at the begining of next week. She gave me a reference number and her direct line!! Hope I'm heading down the right track

 

J

[tiglet]

well, it looks like it's getting somewhere, fingers crossed ...

[spitting kitten]

Nice one I was told I would get some one to call me back but they never did:(

[Movingon]

Nice one I was told I would get some one to call me back but they never did:(

 

You're STILL relying on the phone?!

[spitting kitten]

I soon realised that the person I spoke to didn't have a clue and i was getting no where. Much more fun to slam them with cca requests and s.10 notices.

[sparkle51]

ok being blond what is the S10 notice, I haven't got any confidence in the fact they will contact me next week and so as soon as the 14days are up I want to have my next letter waiting to write to them.

 

Thanks

 

J

[smartmartian10]

I found this on here and have used it recently.

Re: Account number XXXX

I am in receipt of your letter of the XX XXXX 2007.

Pursuant to the Data Protection Act 1998 (S10) you are denied the authority to pass on any of my personal data.

Pursuant to the Data Protection Act 1998 I require you, with immediate effect, to ensure that all data held by you, regarding this account is removed from any and all Credit Reference Agency database.

Accordingly you have 7 days to comply and I expect to receive confirmation from you in writing within 10 days that you have complied with my requests.

Yours XXly,

[smartmartian10]

But I noticed this in the act itself so it would be wise to amend the time scales at the bottom. If you want read the act, just type dpa into google the first item link is the act and section 10 is fairly easy to read and follow.

 

 

(3) The data controller must within twenty-one days of receiving a notice under subsection (1) ("the data subject notice") give the individual who gave it a written notice-

• (a) stating that he has complied or intends to comply with the data subject notice, or

• (b) stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.

[sparkle51]

Brilliant, thanks so much will send it off on Monday, (recorded of course!)

 

J

[spitting kitten]

I have had a moment to myself to look through all my Next info. (my son is Autistic and has very loud motor tics) I can't belive that I didn't notice their change of information on the first letter Next sent to me which was supposed to be a default notice had one date, outstanding amount and telephone number on it. I wrote to them telling them of their mistake with the date etc.

 

They wrote back stating they would not remove the default and would no longer assist me as they have already given me a copy of the default notice. I though that they just sent an attached copy of the same letter

 

BUT NO!!! It looks the same not dated properly or signed etc but the difference is they have changed the outstanding amount and date claiming they want payment by:eek: but this is where I have to laugh it was sent by the organ grinder where the other one was sent by the monkey and instead of saying payment for 17th june it now states payment by 20th june I have my statement says 23rd june the outstanding amount has gone up on the new letter to. oh dear I have highlighted all the contradictions and copied with a letter ready to post to OFT 1st thing will keep you informed

[spitting kitten]

I will wait untill the OFT come back to me and see if the default gets removed then. I have just had a closed (not defaulted) credit card entry removed from credit files within the last week. I sent a cca letter and a follow up letter then the next letter I sent was to the I.C.O and O.F.T complaining that I have not had a signed agreement sent to me or reply. I still have not heard anything back yet, but called the cra's and they say that that entry is no longer on my files completely REMOVED!. It goes to show how easy it can be. I'm not bothered that I didn't get a reply but at least the credit card entry is gone. I had an excellent history on the credit card but did this to show the cra's that I am not just trying to get rid of defaults to only leave good markers. As NO CONSENT is NO CONSENT

[doo]

Have just sent Surlybond's default letter (adjusted to suit) and s.10/s.12 notice and CCA letter, decided after reading everything about Next on other threads I will just send the lot. I will see what they come back with - will also write to all CRAs and after I have heard from them will also go down same road as you OFT and ICO. As I stated in post earlier on this thread they have never updated my credit file so for the past 11 months it has shown I owe a balance that I have paid (ok at a reduced amount but was full and final) and as the fourth data protection principle requires 'personal data is accurate and where necessary kept up to date' I feel I have a case.

[spitting kitten]

Fantastic I have reminded the cra's that although they have the information from Next they are still data controllers and responsible for showing accurate data. The cra's also informed me that I.C.O has NEVER challenged them on keeping data on file for 6 years (that is not in public interest.)

[doo]

spitting kitten, will update when I have any news, will be interesting what you get back from OFT and ICO.

[spitting kitten]

yeah I can't wait I will post as soon as I get anything.

[smartmartian10]

spitting kitten I have had a reply from OFT see below

 

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

[spitting kitten]

Well Cr*p Credit have sent me a letter stating that they have not had any of the documents from me as the person who signed the recorded delivery doesn't work for them and no one knows who they are. Where the Hell has all my personal info gone then? I am in the middle of moving and keep losing internet connection from B.T.

 

Experian say that the information is correct and they they are not going to change it.

 

Equifax say that they are waiting for a reply from Next. I have written to the OFT and I.C grassing them all up and sent a cover note stating that Equifax know that Next do not have my consent regarding data and have sent them proof of this yet they still want to discuss my data even though it's wrong and they are data controllers responsible for showing correct information once the mistakes have been made clear and why do they all keep passing the buck instead of dealing with it. I am no longer able to speak to any credit ref agencies due to compulsive fits of torrets when they ask how can I help? so it's snail mail as emails never get answered. The OFT and I.c are yet to reply to me.

[doo]

Well I think next are being extremely careless with personal information. I would re-send everything or perhaps e-mail them and get a read receipt.

 

I have just updated my thread but basically, they have confirmed no CCA, have ignored my stat notice s.10/s.12 to stop processing data, having not updated my credit file for 11 months (so basically wrong info was showing and nothing to say I had paid, old balance still shown as owing) they have gone and updated my credit file, but best of all they have sent me a copy of my default notice (same as yours, unsigned) but they have my name correct and 3 lines of my address but no County and a postcode of SE18 which I have just tracked down to be some flats in Woolwich, must be about 80 miles away, no wonder I never received the bl***y thing.

[spitting kitten]

Office Of Fair Trading

spitting kitten

xxxxxxxxxxxxx

xxxxxxxxxxxxx

 

Our Ref: xxxxxxx

 

Dear S.K,

 

Thank you for your recent letter of complaint dated 16th April 2007.

Your letter has been logged for our reports.

 

I am sorry to hear of the difficulties that you have experianced with Next Directory. The Office of Fair Trading (OFT) cannot usually take action on cases brought to us by individual customers. Our primary duties include:

• the enforcment of competition law

  
  

• the regulation of the consumer credit market through a licencing system and

  
  

• the co-ordination of enforcement action throughout the UK, with the assistance of our other regulatory partners.

Under the Consumer Credit Act 1974, most business offer goods or services on credit or lend money to comsumers, have to be licenced by the OFT. The OFT can refuse or revoke the firms credit licence if it engages in 'unfair or inproper business practices whether lawful or not'.

 

We are unable to take up individual cases, however I have forwarded your letter to our Credit Licensing Enforcement Section here at the OFT for their records. They will contact you if they need additional information on your complaint.

 

For advice relating to your individual case, you may wish to consider contacting Consumer Direct.

 

Consumer Direct is telephone (08454 04 05 06) and online advice and information service for consumers in Great Britain.

 

You may also contact the following orgaisations

 

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

Tel: 0845 080 1800

 

The Finacial Ombudsman Service provides consumers with a free, indepedant service for resolving disputes with financial firms. They consider complaints about a wide range of finacial matters - from insurance and mortgages, pensions and investments, to individual complaints between customers and banks or building societies.

 

The Information Commissioners Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 01625 545 745

Fax: 01625 524 510

 

The I.C.O enforces and oversees the Data Protection Act 1998 and the Freedom of Information Act 2000. The I.C.O also handles queries on information held by credit reference agencies.

 

We hope that this information has been to use, and that this matter will be resolved to your satisfaction in the near future.

 

Yours Sincerely

 

Enquires Preliminary Investigations Centre

[spitting kitten]

I think that I am going to keep going down this route before I take any court action. I am still awaiting my reply from the I.C.O. As I am in the process of moving within the next week and a 1/2 I am going to wait untill I am in my new house before contacting Consumer Direct and The Financial Ombudsman Service. I know that it is dragging it out but I am hoping that this will be sorted this way because at least it builds a case with all the relevant authorites first before going to court. That way if it does go to court they can see that I have tried everything to resolve this before going to the courts. Any Other suggestions are most welcome.

[spitting kitten]

Well my house move has been delayed by 2 weeks so I am going to just get on with letter writing. I still have not heard ANYTHING from the Information Commissioners Office. My oh My I think they must have been hit by an avalanche of paperwork to be this delayed. I wonder how much money they will be getting from the recycle plant for all the shredded paper that they are able to supply. I reckon they have all gone on a 5 star all complaints paid holiday:p will report back when I know more. S.K

[doo]

Next are proving to be v.difficult to deal with, I sent them a response to a letter 2 weeks ago and guess what, it has not been signed for yet. I do want a response to this letter so I will re-send, also have informed Experian that the default notice was wrongly addressed so they are tackling it from their end too. Not sure how much success this will bring though. Keep us updated.

[spitting kitten]

When you say not been signed for do you mean delivered? I have sent Barclays Bank recorded delivery letters and on Royal mail website it states that they have been delivered and on what date and time but... when I press the link to see a copy of the signature to know who signed for it it comes up with this service can not be provided. I tried again with an old reference number of Callcredit and it showed who signed for it. It seems that Barclays can get this signature and name withheld it that what Next have done? Sorry having a mental block (1/2 term holidays:rolleyes:)

[doo]

Hi spitting kitten, no it shows as not delivered. May ring them to see if they do have it, I have read somewhere that recorded delivery items are sometimes signed for in bulk so mine may not be recorded as delivered, not sure if that is right though.