Next default

[saints12]

Hi all.....I've just started to challenge Next on a default that was placed on my credit file illegally in my opinion .

They can't provide a CCA and they couldn't provide a Default notice when I challenged them last year but gave up as I was getting the run around . So this time I will be digging my heels after reading some post on here.

 

1st letter sent 10th April recorded delivery -no reply as yet

[saints12]

Still waiting for a reply but they have processed my cheque for a £1 , so can't say they didn't recieve my letter.....

[jadzia]

Hi,

Sorry i cant really offer any advice,just moral support,i am just about to cca next for the same reason,so it will be good to see how you progress,good luck:)

[buzby]

Was this really a CCA regulated account? I understood that Next didn't have to provide CCA for this for 'small' credit amounts.

[saints12]

Hi.....Well no surprise from Next they have just sent me a copy of my default no exact date and have also advised that they don't have a CCA . I have now forwarded these to CRA's advising them that Next didn't have my consent to process data so hopefully they will remove the default until such time Next can prove otherwise........Keep you posted

[delboytrotter]

If you point out to the credit ref agency that they did not have your consent them the CRA have to remove the default although they will argue otherwise and tell you they have legal rights, you could respond to that by telling them you have eagle sights but that does not allow you to shoot anyone.....

In my experiance the CRA's are a bit head strong but there are several posts about sorting them out, you should look for posts by surlybonds, you will find some interesting reading i am sure

Good luck

[powelll]

It's also worth mentioning that if you don't have any joy you could go the route of complaining to the Information Commissioner:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 01625 545 745

Fax: 01625 524 510

E-mail: [email protected]

Website: www.informationcommissioner.gov.uk

[saints12]

Just a little update regarding my ongoing dispute with Next .

I wrote to the CRA's advising them that Next had no consent to process my data with them and included the letter from Next stating that they didn't have a CCA .

 

Experian have responded to my letter stating that they can't remove the default without the subscriber consent but will update when they get a reply from Next.

[hisholinessthepope]

Saints this thread should be of interest to you. Post #36 gives an address and contact for complaints to the OFT

 

http://www.consumeractiongroup.co.uk/forum/store-cards/69695-next-directory-covered-cca-2.html?highlight=covered+by+CCA

[smel24]

Just a little update regarding my ongoing dispute with Next .

I wrote to the CRA's advising them that Next had no consent to process my data with them and included the letter from Next stating that they didn't have a CCA .

 

Experian have responded to my letter stating that they can't remove the default without the subscriber consent but will update when they get a reply from Next.

 

That's interesting that Experian have said they can't remove the default without the subscriber's consent, even though Next never had permission to put the default there in the first place! If Experian can't do it without Next consent then what good are they at all?!

 

...and subscribing

[buzby]

Are you thinking that just because there is no CCA requirement, a default cannot be recorded/issued? Afraid not, mobile phone contracts prove the point - not being CCA regulated, however the subscriber gives permission for their dealings to be disclosed. If Next's T&C also state this, you'll be stuck.

[smel24]

Hi Buzby, the telecoms world is slightly different, when I looked into my "default" placed by Orange I spoke to Orange and the CRA's. Orange said they had never recorded a default only that the account was in arrears and the CRA's exlpained that sometimes the report says "default" when actually it's just deliquent and when a creditor does a search they see just that - a deliquent account. 6 months after my initial query I got another report and the Orange account simply showed as settled.

 

In addidtion, Next do state in their T&C's that they provide data to the CRA's but nowhere do they have my permission to do this - this is required by law under the Data Protection Act.

 

As mentioned in my letter to the CRA's (see my thread on Next), the default must be carried out properly otherwise it is not a true default as highlighted in the Court Case I referred to.

 

Next can say what they like in their T&C's, it doesn't make it true or law abiding.

[hisholinessthepope]

Also assuming Next have anything signed by you that allows them to share your data? They can put what they like in there paperwork but have you signed or agreed to it?

[buzby]

That doesn't need to happen for non-CCA arrangements. They can assert that by placing an order, the customer agrees to such disclosure. It's up to the OP to ensure they are happy with the T&Cs before doing business. No signatures required!

[kalujo123]

My partner recently opened a new next account online and guess what they sent out this nice little leaflet showing terms and conditions e.t.c under cca 1974 and asked her to sign and return it, they never used to do this in the past so surely it shows they are tightening up on their mistakes as i assume a lot of people are challenging them about this kind of thing. I am one of them!

[smel24]

Apologies for my earlier comments, Buzby is completely right as I just found out from Consumer Direct that Next don't need a signature per se to hold an agreement.

 

There is a lot of chinese whispers I guess that go around, so before anyone else spouts of about not having a signed agreement, they don't have to!

 

How's it going though Saints?

[hisholinessthepope]

!!!

[hisholinessthepope]

Sorry smel am lost. Next don't need a signature to hold an agreement for what?

 

1 A credit agreement on a CCA account?

2 or agreement to process your data in accordance with the DPA?