Next Directory - Default Advice

[ralfc]

Hi all,

 

Please can someone advise on my situation.

 

I have a default on my credit file by Next from January 2005 and I'm hoping I can get it removed.

 

The debt was passed to Moorcroft Debt Recovery who offered me the chance to clear the debt if I paid half (£150) of the original debt (£375) which I did although, at the time I didn't realise this wouldn't clear my credit file.

 

I just want to know is it possible for me to get this removed?

 

Any help would be greatly appreciated.

[sparkle51]

I'm trying to do the same thing and next have admitted they don't have a signed credit agreement, they have provided me with a letter sent warning of the default notice but not the notice its self

 

J

[ralfc]

Does this mean we can just press ahead and get it removed?

 

I'm not sure what to do next, please can anyone advise?

 

Cheers,

 

ralfc.

[sparkle51]

Am I right in saying if they haven't got the CCA then they have no right to pass data to credit reference agencies as we have not given permission?

 

J

[sparkle51]

Have you decided what to do next?

 

J

[munchkin0110]

Hi

I have a default from Next Directory dated 10/2/06 (satisfied). I was wondering if I could get it removed.

[doo]

subscribing

[sparkle51]

Wrote to next who then told me that they haven't got a CCA, am posting letter today (recorded delivery of course) pointing out that they did not fulfill my requests from my first letter and giving them 14 days to remove the default and failure to do this will result in me informing the authorities and taking them to court.

 

Will see what I get back

 

J

[ralfc]

Hi Sparkle 51,

 

I think I'm going to go for it but I'm unsure what to put in the first letter.

 

Did you use a template from the site and if so can you point me in the right direction?

 

Also good luck with your next letter and lets hope they cave in straight away!!!

[sparkle51]

Hi, am at work at the mo but will post it up here when I get home, i borrowed it from somewhere but can't remember where, the second is my own fair hand so not very confident.

 

J

[sparkle51]

Here is the first letter that I sent

 

Dear Sir or Madam

Account number - xxxxxxxxxx

Sort Code - xxxxxx

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against a joint account in my and my wife's name.

Further to this neither I nor my wife have a recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Yours faithfully

Mr & Mrs One

 

I have copied it from learnmoney.co.uk

 

J

[ralfc]

Hi Sparkle51,

 

Cheers for that, I'll send mine off when I get a chance but keep me informed on how you get on.

 

Good luck.

 

ralfc

[smel24]

Hi all,

 

I'm glad I've found a group who are in the same situation as me!

 

I'm going to do a bit of research on whether they can give us all defaults despite no notices and no CCA and get to this thread. I'll also start my own.

 

I think I may be sat here a while....

 

Smel

[smel24]

All, here is a link to my thread which gives a pretty good connection to how they ARE in fact obligated to comply with the CCA:

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/78759-smel-next-default.html

 

Hope this helps!