Next cant find CCA - query

[linz2011]

can you answer my query - i requested my signed agreement and received a letter saying they did not have it so therefore it is not enforceable through the courts but unless i am disputing i owe it then the default will remain ? not sure where to go from here?

 

thanks in advance

[falcon185]

Hi Linz,

as far as I am aware, ( hopefully someone will confirm this for us ) but no signed agreement with that company = no debt, no debt = no default therefore if they cannot comply with the CCA request they should remove the default against you, it could also be worth reporting them to the ICO for a breach of the DPA. IMHO

[stormo]

Hello linz2011, did you send off the fee of £1 with your request? and the letter by recorded delivery,the CCA request does run for 12 working days from the day of receipt by the DCA its convention to allow 2 days for the post aswell.

 

If the CCA request isnt produced as you have mentioned after the 12 working days then its in default and the DCA cannot enforce the debt,it doesnt AFAIK wipe out the alleged debt just that it isnt enforcable without a true properly executed agreement (not an application form )

 

When the intial 12 working days are up then a further calendar month expires and the DCA are in breach of the CCA and are committing an offence under the 1974 CCA.

 

Have a look around the site as there is plenty of info about people who are at various stages in the debt dispute process,default notices should be removed if you complain to the CRA`s like Experian or Equifax.

 

Regards S

[gizmo111]

can you answer my query - i requested my signed agreement and received a letter saying they did not have it so therefore it is not enforceable through the courts but unless i am disputing i owe it then the default will remain ? not sure where to go from here?

 

thanks in advance

WHo is this with?

Cna yo upostthe wording of the letter you recevied, and what is it you would like to acheive from this?

[linz2011]

Hi it is with Next they say they cannot provide a signed agreement has there isn't one so they cannot enforce it through the courts but unless i am disputing that I never received the goods the default will remain and the balance is still due?

 

I am at a loss as to what to write next - i would like the default removing?

 

Many thanks

[linz2011]

Hi i also received the same letter from Littlewoods and Great Universal and I do not know what to write back

 

any advise welcome

[smartmartian10]

I recently heard from Tesco Visa and Next that they do not have a Credit Agreements. Start with this

 

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 21 days to comply and I expect to receive confirmation from you in writing as per section 10(3) of the Data Protection Act.

Yours XXly,

[Vampyra]

subscribing to find again.

[linz2011]

Hi all I would really appreciate it if someone could word a letter for me to respond to this letter (apologies it is long but probably relevant)

 

Dear XX

I am in receipt of your letter dated 19th April 2007 and statutory notice.

The consent to process your data was not part of the contract to supply goods and services to you. Your consent was btained at the account opening state. You opened your account by internet. A further data protection notification was proviced in each copy of the Next Directory that you have received. This furher notification forms part of the T&C's of shopping and placing order with ND you accepted the T&Cs included in the data protection notification.

I have reproduced a copy for your information. We wil make searches about you at credit reference agencies who will supply us with credit information, as well as information from the Electoral Register. The agencies will record details of the serach, whether or not credit is granted. We may use credit scoring methods to assess your application and to veify your idenify. Credit searches and other information which is provided to us and/or the credit reference agencies, about you and tyhose with whom you are linked financially, may be used to ND and other companies if credit decisions are made about you or other members of your household. This information may also be used for debt tgracing and the prevention of money laundering as qwell as the management of your account, information held about you by the CRA's may already be linked to records relating to people with whom you are linked financially. For the purposes of credit searching you may be treated as financially linked and you will be assessed with reference to any "associated" records. If we enter into a credit agreement with you, we will also supply details of your agreement with use to the CRA's as wel as ongoing details of your account and how you manage it. If you do not repay on time, or in full, we will advise the CRA's who will record dtails of the debt. All this information will be seen by other organisations carrying out later serarches.

You have the right of access to your personal records held by CRA's and we will supply their names and adds upon request to the agencies and we will supply their names and adds upon request to the Data Protection Manager, ND, Desford Road, Enderby, Leicester or by email to [email protected]. The CRA's may also use the records for stat analysis about credit, insurance and fraud. We may make periodic searches of Group records and regarding credit, inclduing whether to make credit available, or to continue or extend existing credit. These searches will not be avaialble to other lenders for credit assessment purposes. We may also use your information, inclding shopping habits to open and run your credit accont including payment recovery, fraud prevention and debt tracing and our marketing. We may contact you for marketing purposes by mail, tel, email or otherwise. Some of the information you provide may be transferred outside of the European Economic Area for processing. However, strict rules regarding the confientiality and security of your information are in place to safeguard it. ND is a trading name of Next Retail Ltd and a member of Next Group Plc. NGplc will not share your info with companies out of the group for marketing purposes.

the processing of your data in the manner which your describe in your letter is not in breach of principles 2, 4 or 5 as you suggest in your letter. It is in fact in compliance with rules set by the ICO the CRA's and Trade Associations.

ND and CRA's it uses work closely with the ICO to ensure our practices comply not only with the law but with the spirit of the law. The IC is fully aware of our practices and accepts that default info will be retained and shared by the CRA's for 6 years and this has been agreed as appropriate. It is also in the interest of responsible lending that such info is retained and shared for this length of time.

Your info will therefore remain on file with ND and the CRA's until 6 years from the date of the default. The info will be seen by other lenders making enquiries as to your credit history during this time.

I can advise that Next does not hold a CCA signed by you. Under section 127 (3) of the CCA 17974 this debt is therefore unenforceablethrough the courts.

However, the debt remains and in the absence of any evidence to suggest that you did not order and/or receive the goods delivered, your account was transferred to Debt Managers Scotland to seek payment of the abalnce owed by you.

The debt has not been assigned but was being managed by Debt Managers Scotland on behalf of Next. As the debt has not be assigned an assignemnet notice has not been issued. However, I enclose a copy of the default notice that was sent to you. There is no known requirement to provide you with certified copies.

A default entry will therefore remain on your CR file , which may affect our ability to obtain credit in the future. Your credit files have been ameded to show satsfied as the debt was paid in full (this is not the case) Copy statements have been sent to you under separate cover.

 

Sorry it is long winded but i would really appreciate any help with this

 

Thanks for your time

[tomterm8]

I am no longer welcome on CAG

[linz2011]

Hi Yes they have sent a copy with this letter

[tomterm8]

I am no longer welcome on CAG

[linz2011]

hi the default was only registered in sep 06 so it has not expired? is that what you mean

[tomterm8]

I am no longer welcome on CAG

[linz2011]

Hi

 

Many thanks have you any suggestions how i word the letter?

[humbleman]

hi the default was only registered in sep 06 so it has not expired? is that what you mean

 

If i got such a reply this is would be my reply

 

Dear Monkey

 

Cut the crap out, I know my stuff and if you are not able to provide a signed authorisation for retaining or sharing my info (basically fire a S10) you have 7 days to desist failing which I will issue you with proceedings to ensure that the courts force you do so.

 

Yours

 

.....

[linz2011]

LMAO - they are so frustrating but i sort of want to outwit them and the letter clearly tells me they are trying to blind me with science

[tomterm8]

I am no longer welcome on CAG

[linz2011]

thanks a million i will keep you posted xx

[PriorityOne]

I can advise that Next does not hold a CCA signed by you. Under section 127 (3) of the CCA 17974 this debt is therefore unenforceable through the courts.

 

They cannot legally enforce payment from you.... . Also, once they are in default of the CCA request by 12 working days and one calendar month, it becomes an offence for them to try and enforce payment themselves without going through the courts.... which of course, they cannot do.

 

However, the debt remains and in the absence of any evidence to suggest that you did not order and/or receive the goods delivered, your account was transferred to Debt Managers Scotland to seek payment of the abalnce owed by you.

 

This is no concern of yours because there is no CCA... they are just trying to find something to throw at you. Bowlarks naturally .

 

The debt has not been assigned but was being managed by Debt Managers Scotland on behalf of Next. As the debt has not be assigned an assignemnet notice has not been issued. However, I enclose a copy of the default notice that was sent to you.

 

As the original creditor, they did have the right to default you. However, it can be argued that without a CCA... they had no legal right to default you. It depends what you want to get out of this and how comfortable you feel about pushing them on it...

 

 

[linz2011]

Many many thanks priority and tom i will keep you posted thank you so much for you time it is greatly appreciated xx

[racer1]

I have recently requested my CCA from Next...I'm pretty sure they won't be able to provide a proper one and it wasn't legal etc as was u18 when account was opened....good luck linz!