racer1 v Next Directory / Debt Managers Scotland

[racer1]

In short:

 

I had an account with Next with an outstanding balance of £260 (ish, give or take a few pence). It was pointed out to me by my partner who uses this site that that debt was probably unenforceable due to the account having been opened when I was either 16 or 17 (I think the latter).

 

Current stage is I have sent off my CCA to Next yesterday as well as an SAR. I had a call from Debt Managers Scotland last Friday and I advised I wasn't prepared to speak to them over the phone. They said they'd sent me a letter that Tuesday 24th April stating I had 48 hours to contact them and hadn't done. That letter was duly received on Monday 1st May ie a lot later!

 

Anyway now waiting for responses by Next (I did have issues with them calling and calling so have also sent telephone harrassment letter in the past) and sent copies of all correspondence to Debt Managers Scotland.

 

Will update when necessary!

[racer1]

Had a call from DCA again earlier claiming "not to have received" correspondence. Hms. Will send again.

 

Also they've got until this Tuesday to send CCA.

[Matrah]

Hi Bispers,

I've been looking for others with a problem with Next for a while, but there seems to be a shortage of us around.

I was going to send a CCA and SAR off to them for my Partner, but i wasn't sure about their structure as the only ever seem to have one service charge (variable amounts) showing on statements each month, how do we know what is a charge and what is interest?

Also i have just agreed short term payment plans for all of her creditors to try and get some sort of affordability back into her life. Needless to say Next were offered the same figure (comparitively) as all the other creditor's but declined it, demanding a figure somewhat higher than her proven disposable income.

We are now waiting to be referred to the DCA which no doubt will be the same one as you are dealing with, and look forward to trying to talk rationally with them.

I'll watch your thread with interest and keep you upto date with our SAR/CCA.

Regards

[racer1]

Best of luck, matrah. I've found Next so far very difficult to deal with. I'm pretty confident of winning this one though as don't believe they have a CCA - I was under 18 when the account was opened and there are some very serious and strict rules to do with contracts with under 18s, which they've broken.

[racer1]

Tomorrow is the day...nothing to date though haven't received today's post!

[Mike220359]

I've sent one off today, the thing is I know that they have only just started to add a £5 charge to the account if u havent made a payment for three months. However, have you seen the way they calculate your interest?

 

Look on the back of your statements, tells you quite clearly how to calculate e.g. 2.014% of the opening balance of your statement. Now get your calculator out with your statements see how many work out to be alot more than that!

 

I wrote in 2006 regarding MOH account got a fob off and a £10 goodwill token. However seeing this site has called me to question again. Having seen what has happened to others I've asked for the CCA first so that if they close the account any DCA can be told to go away. Then I shall hit them with my calculations. THe thing is if there is no agreement, MOH's account was opened in the 1980s and I know for a fact that there was no agreement, they have been charging interest ever since without an executed agreement! Look at the payback!

 

Mike

[racer1]

I've sent one off today, the thing is I know that they have only just started to add a £5 charge to the account if u havent made a payment for three months.

 

I wasn't aware of this as they haven't sent me statements....can they do this? Was this in the T&C?

[Mike220359]

I wasn't aware of this as they haven't sent me statements....can they do this? Was this in the T&C?

 

Yep, they think they can. Regardless of the fact that they have not sent u any statements, ask for them

 

Mike

[racer1]

Even if they've sent it to a DCA?

 

[FWIW today is Next's last day for CCA...won't get post until this evening but will prepare next letter so it's ready!]

[Mike220359]

Yep even if its with a DCA

[hisholinessthepope]

With regard to Next this thread might be worth reading. It also has a link to services charge (interest)

 

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

[racer1]

I can't find the next CCA letter to prepare on the site - can anyone help please?

[racer1]

Can anyone please help? I can't find the letter on here and really need to get it sent off asap.

[hisholinessthepope]

bispers are you after a letter that says you failed to send me a copy of credit agreement, account in default etc?

[racer1]

Yes....

[hisholinessthepope]

Please find enclosed a further copy of my letter dated XXX, concerning my request for a copy of the credit agreement for the above account.

Now that the 12 working days have expired and you have failed to provide any documents, the account is now in dispute. Also as a further calendar month has passed beyond the 12 working days, you have commited an offence under the Consumer Credit Act.

Whilst it remains in dispute the agreement is unenforceable. Whilst it is unenforceable, no interest can be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. Finally I am not obliged to make any further payments to the account. Essentially, the account is ‘held’.

[racer1]

Sorry

[racer1]

Sorry but that's not the right one - it's only the 12 working days (plus delivery time) which have expired. I had requested the CCA on the phone a while ago which never came, either, and also put in the SAR request.

[hisholinessthepope]

So just take out the reference to the further month and the offence as below. The rest is still valid.

Please find enclosed a further copy of my letter dated XXX, concerning my request for a copy of the credit agreement for the above account.

Now that the 12 working days have expired and you have failed to provide any documents, the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable. Whilst it is unenforceable, no interest can be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. Finally I am not obliged to make any further payments to the account. Essentially, the account is ‘held’.

[racer1]

ok then thanks

[racer1]

Had a letter yesterday from DMS stating Next were taking court action. AFAIK they can't as account is in dispute and I'm still waiting for CCA.

 

The person I spoke to at first on the phone got a bit flustered and put me through to her manager. I said as far as I was concerned they were breaking the law by chasing an account in dispute. I spoke to DMS and sent them correspondence on the 27th April showing what had been sent to Next and all correspondence. DMS tried to claim last night that letter was automatically sent out on 11 May and they'd spoken to me later in the day when I informed them again that account was in dispute (and again sent copies of the correspondence). I pointed out that they'd actually called me at 9 - 9.15am.

 

I asked them for a copy of their complaints procedure and they were saying "why, we've done nothing wrong." As far as I'm concerned, by sending a letter on 11th May when I'd set them all info on 27th April, they were breaking the law by chasing the account.

 

Any further thoughts?

[Mike220359]

They are certainly breaking the OFTs guidlines on debt collection.

 

Mike

[racer1]

I stated I would report them to both TS and OFT but the manager said they hadn't broken the law and I couldn't.

 

Will wait and see a) still for CCA and b) if I get a copy of the complaints procedure

[racer1]

Ok just been going through the T&C on Next's site and found the below. I can only presume at the time of opening they didn't check my file with credit agencies as they would've found I was under 18, and they didn't consult the electoral roll (I wasn't on it at the time).

 

Like I've said, am still waiting for CCA so what I'm about to say may be irrelevant if they can't provide it, but....

 

The way I see things there are two scenarios here. Either a) I filled in DOB correctly and Next didn't perform their checks correctly or b) I filled in an incorrect DOB. Now either is possible, but I didn't take copies of the app form and to be honest can no longer remember. Where do I stand with either of the above scenarios?

 

I can't really see anything similar on this site but a quick search of the web shows Next could be in serious trouble for entering into a contract and providing credit to an under 18.

 

Next Directory Account Details

 

I understand that a credit account will be opened for me and that there will be a £3.75 charge for the Next Directory which will be invoiced later. I confirm that I am over 18 and UK resident. I understand that a Card may be issued to me to allow me to use my Account in store to return, exchange or purchase. (Store transactions will be charged to your account normally within 1 day of purchase and purchases from the Next Directory will be charged 10 days after the goods are despatched.)

 

We will 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 search, whether or not credit is granted.

 

 

We may use credit scoring methods to assess your application and to verify your identify.

 

 

 

 

[tiaposy]

I have a next account, which I believe was set up as follows;

my ex husband had a next account for years, and I was added as his spouse. Then I got sent a card and now have my own account - but not sure how.

I am sure I haven't signed a credit agreement with them, so I am going to CCA them to see.

If i haven't signed an agreement, does that mean that the debt is not inforcable?

Thanks