racer1 v Next Directory / Debt Managers Scotland

[Matrah]

Hi Bisper's i'm back as promised,

These Next characters are slippery little suckers, you may remember i wrote back to them after offering them a repayment offer and they have not yet responded, well they did this morning, well not them personally a DCA called MOORCROFT have written to us stating their intention of intended litigation, i think it's a different DCA to yours, but i'm going to fire off a CCA for MOH and see if that stops them in their tracks, She cannot ever remember signing an agreement with them. The thing that makes THEM really STUPID is that they were made a sensible offer of payment, but declined it, their pure greed could possibly cost them dearly.

You would think these agencies would want to ensure all the legal paperwork was in place before they accepted these cases, just goes to show what a hopeful greedy load of vultures they are! It really is a case of them just "trying their luck" half the time!

keep going, onwards and upwards!!!

[racer1]

Yep! I did get a copy of the complaints procedure from the DCA through the post....you're right, it is a different DCA.

 

Still no CCA, best of luck!

[racer1]

My other half opened my post today and says there's a letter from next, confirming there is no CCA!

 

Will post full details when I have them tomorrow!

[racer1]

Right....have the letter here, can anyone help please?

 

First thing of note is that the letter is dated 21 March 2007 - but the postmark is 23 May 2007!!!!

 

 

Dear Ms XXXX

 

Thank you for your recent letter regarding your Next Directory account.

 

I write to confirm that Next does not hold a signed credit agreement for you. Under section 127 (3) of the Consumer Credit Act 1974 this debt is therefore unenforceable. We must inform you, however, that we have received legal advice that an uneforceable debt is still a debt.

 

However, the good that have been charged to your account have been ordered by and delivered to you, without payment in full having been made for them. Therefore your account remains in debt to the Next Directory.

 

In light of this, and in the absence of any rvidence to suggest that you did not order and / or receive the goods delivered, Next will continue to seek payment of the balance of £267.58 owed by you.

 

A default entry will therefore be made on your credit reference file, which may affect your ability to obtain credit in the future. Making payment to clear the balance will enable your credit files to show as satisfied.

 

Yours sincerely

 

XXXXX

 

So....they're still trying to get the money back, but they admit the debt is unenforceable and they don't hold a CCA, therefore they can't enforce it, correct?

 

Will try and send a letter back to them today.

[Matrah]

I'm just wondering whether they can apply a default rather than a CCJ, as they agree it's un-enforceable through court (CCJ) but could they still lodge a default? Defaults appear to be given out like chocolates, Can you contest a default with the CRA? Watching with interest!

[racer1]

They are trying to apply a default but I can't see how they can when they can't prove a CCA was in place.....

[racer1]

Can anyone please help? Spoke to TS who have me numbers for other people who say they can't help. CCCS don't seem to have a clue either and keep putting me on hold....constantly.

 

Advice appreciated!

[hisholinessthepope]

If they go for a CCJ your defence is where is the credit agreement. If you ask for it in the court and they don't produce it the judge will chuck it out!

 

The Office of Fair Trading is interested in Next chasing monies against unenforceable accounts see post #36 in this thread

 

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

[racer1]

What can I do now about them saying it's unenforceable but still coming after me?

 

And what can I do about the default? a) can they do it and b) is that letter good enough notification, I thought they had to do something different?

 

Thanks for other link.

[hisholinessthepope]

They shouldn't default you but they will eventually when you have missed enough payments. The bottom line is that the ultimate action for them, court, is no longer an option. And that would be the only way to force you to pay.

 

They will merely make a pain of themselves with calls letters and a default. All you can do is make yourself more of a pain by complaining to OFT for a start.

 

I am also currently research what other options are open to people where the company has admitted no agreement exists. But it will be a few weeks before I get to a point of being able to post about it.

[racer1]

Ok thanks. Best way of complaining to OFT letter? Tried calling earlier but was on hold forever....!

 

Be helpful if there was also a contact number of people who can help. TS / Consumer Direct said they couldn't, gave me phone numbers of others who also said they couldn't etc.

[hisholinessthepope]

The address of an individual at OFT is on the other Next thread

[hisholinessthepope]

Here you go,

 

"So people if you have stuff you want investigated about NEXT Retail Limited t/a Next Directory Ltd (licence number 534644) , please do write to Andy Lowther - Enquiries and Preliminary Investigations Centre - Markets and Projects. Sorry all this is under his signature on the letter!

 

Address - Office of Fair Trading, Fleetbank House, 2-6 Salisbury Square, london EC4Y 8JX"

[racer1]

Ok a response letter....please tinker as necessary.

 

 

ADDRESS

30th May 2007

Paula Forster

Agency Liason Department

The Next Directory

Collections Department

PO Box 3000

Rotherham

S97 3EU

Dear Paula,

WITHOUT PREJUDICE

ACCOUNT: NAME AND ADDRESS

 

I refer to your letter dated 21st March 2007.

Firstly, I fail to understand how you can send a letter on 21st March 2007 in relation to my CCA request dated 27th April 2007. Furthermore, the fact your letter is dated 21st March 2007 and the postmark bears the date 23rd May 2007 shows some alarming inefficiency in your department. I am sure you wish to draw a swift conclusion to these matters and expect you to be much prompter in any further responses.

As you have confirmed Next does not hold a signed credit agreement for myself, it is indeed correct that under section 127 (3) of the Consumer Credit Act 1974 this debt is unenforceable.

Furthermore, in my view you cannot place any defaults on my credit reference file as these will be being placed illegally due to the absence of a signed credit agreement. By doing this in my view you will be acting illegally in your attempt to place any defaults under the Consumer Credit Act.

I am prepared to offer the sum of £20 in full and final settlement of my account as you cannot provide a copy of original signed credit agreement. The sum of £20 will be in full and final settlement of my account and I also request The Next Directory to remove all defaults on my credit reference file which in my view will be placed illegally.

I expect to hear from you within seven working days.

Yours sincerely,

NAME

[racer1]

Anyone with any similar experience got anything to add to this please, before I send?

[hisholinessthepope]

bispers if it is not to late hang fire with that letter, I have a new thread

 

http://www.consumeractiongroup.co.uk/forum/general/94309-no-cca-agreement-unenforceable.html

 

which might be of interest. Especially after my next post this evening.

 

Regards

[racer1]

You're not too late...I was heading to the PO at lunch when I realised I'd left the letters on my desk

 

Will look at your thread now.

[racer1]

Got home to another letter from Next last night but a bit of a weird one!

 

 

 

29 May 2007

 

Address

 

Dear Ms XXXXXX

 

Thank you for your recent letter, and I am concerned to learn of the problems you have experienced.

 

At Next, both customer service and the high quality of our merchandise are extremely important to us. I can assure you that this matter will be investigated, and we will be in touch with you at the earliest opportunity.

 

In the meantime, however, if you would like to contact us, please do not hesitate to call us in the Customer Relations Department, on the telephone number shown below, where any of our team will be happy to assist you.

 

Yours sincerely

 

 

Customer Relations Team

 

Firstly - I've only CCAed and SARed them recently. Is this letter in response to one I sent them in Feb or so, stating that the courier didn't come to collect returned items for two months and when she did was just plain rude? If it is, bit of a slow reply....

[racer1]

I did send off the original letter I posted on here...recorded and all that. No response yet....

[racer1]

Right more help needed please.....

 

Last week I received a letter from the DCA stating even with out the CCA agreement they're going to keep pursuing me. Now attached to the DCA letter was a "copy" letter from Next dated 20th June 2007. I haven't received that letter from Next at all, only the copy from the DCA. Last time Next "wrote" to me in March but it was postmarked May.....I'm hanging on at the moment and not replying to Next until the originaly letter has been received but so far it's 2.5 weeks since it was supposedly written!

 

Firstly, am I right to keep waiting until I receive the correspondence from Next? And also can the DCA pursue me for it when there is no CCA? As far as I knew they couldn't!

[hisholinessthepope]

No credit agreement means no hope for them! I seriously doubt they will be dumb enough to start court proceedings. If they do your defence is lets see the credit agreement. No agreement = unenforceable.

[racer1]

So I should just carry on ignoring the DCA....?

 

What about the letter Next "sent" but isn't received as yet by me?

[hisholinessthepope]

The DCA pursuit will be toothless. They can call, they can write letters but then what? They have no where to go. If the calls get to much fire off a harrassment letter or change your number.

 

As for the Next letter, they have not sent it to you so ignore it, until it turns up.

[racer1]

They haven't called me as I've asked them to stop calling.....

 

If it doesn't turn up in a few weeks I'll send a short letter, pointing out I think they may have forgotten to post something....

[tooth_fairy]

Serious Bispers, they cannot continue to pursue you without the credit agreement, IF and it is a big IF it went to court, the first argument on your side would be is that no CCA exists for this debt.

 

Robinson Way went after me for a Next account- not mine I have to add- and they insisted that they were going to carry on chasing me even though they weren't sure I was the debtor and there was no CCA. I just returned their correspondance to them with 'NO CCA=NO DEBT' written in marker pen, I also wrote on one 'You have been reported to Mr XXXXXX at Manchester trading standards' and I never heard from them again.

 

I'd report Debt Managers to your local TS if you haven't already done so, get that ball rolling!

 

Good Luck

TF x