Next Directory, help required please.

[rory32]

The next step is really to decide do you want to offer them a full & final payment (of say around 10%) on the debt as they can't enforce it anyway. Or do you want them to close the account and forget about you (as well as removing any adverse information from your credit file) in return for not reporting them for the various statutes that they have breached.

[VikkiB]

I do want to pay this off, I'm happy to pay them monthly an amount we can afford, I had originally offered £50 but to be honest that was going to skint me so I'm going to drop it to £25 a month. How should I go about arranging a payment plan with them, taking into consideration that they cannot legally enfore this debt? surely the fact that I've received goods from them means that legally I owe them all that cash? (sorry for all the questions, this is all really new to me and isn't making much sense at the moment! )

[smartmartian10]

Legally you owe them nothing vikki. The only way for them to take you to any court for this account is via the Consumer Credit Act, you then ask for the credit agreement, they do not have one, case is over.

 

What will happen is they will continue to write letters and make telephone calls. They will probably give a bad mark with the credit agencies. But legally they are stuffed. They will not take you to court.

[tomterm8]

I do want to pay this off, I'm happy to pay them monthly an amount we can afford, I had originally offered £50 but to be honest that was going to skint me so I'm going to drop it to £25 a month. How should I go about arranging a payment plan with them, taking into consideration that they cannot legally enfore this debt? surely the fact that I've received goods from them means that legally I owe them all that cash? (sorry for all the questions, this is all really new to me and isn't making much sense at the moment! )

 

Under the CCA 1974, they have no legal method to pursue payment on this debt. You reply to their letter, state this fact, inform them that they must remove any adverse data from your credit report or you will seek a court order to declare this debt unenforceable and a further court order requiring them to stop processing your data.

 

You can also offer a goodwill payment of "£15 a month, until a sum amounting to the principal is paid off" in exchange for them agreeing to remove any negative data from your credit report and both parties waiving all future legal rights to the agreement.

 

State that unless they agree to the above, you will pay them no further money unless ordered by a court and reserve the right to take legal action against them.

 

Edit: note that paragraph 2 is not obligatory; you are under no legal requirement to pay them anything whatsoever. It is entirely up to you if you want to do this or not.

[VikkiB]

Thanks for that. is there a template anywhere for a letter to send or should I just say pretty much what you've just said in that last post?

[tomterm8]

Don't think there is a template to cover it. Post up a draft here, and people will check it for you.

[VikkiB]

How about this? also I'm not sure how to end the letter??

 

To whom it may concern,

I am writing in regards to the account detailed above. I recently received a letter from yourselves stating that you have no signed credit agreement so under the Consumer Credit Act 1974 you have no way of legally enforcing this debt. I would appreciate no adverse data adding on to my credit file or I will pursue a court order to declare this debt unenforceable and a further court order to stop you processing my data.

I am prepared to offer a goodwill payment of £15 per month until a sum amounting to the principal is paid off in exchange for yourselves not adding any negative data on my credit report and both parties waiving all future legal rights to the agreement. Unless this offer of a payment plan is accepted I will make no further payments unless ordered to do so by a court and I reserve the right to take legal action against yourselves.

:?

[rory32]

I would appreciate no adverse data adding on to my credit file

I am prepared to offer a goodwill payment of £15 per month until a sum amounting to the principal is paid off in exchange for yourselves not adding any negative

What you actually want is the removal of any adverse information on your credit file and the assurance that no adverse information will be added in the future.

[tomterm8]

How about this? also I'm not sure how to end the letter??

 

To whom it may concern,

 

RE: NOTICE OF INTENDED LEGAL ACTION.

 

I am writing in regards to the account detailed above. I recently received a letter from yourselves stating that you have no signed credit agreement. I am sure you are aware that as a consequence, under the Consumer Credit Act 1974 you have no method of legally enforcing this debt.

 

It is also clear that clear that, without a legally enforceable contract, you have no legal right to process my personal data.

 

It is my intention, unless a suitable compromise can be made,to pursue a court order to declare this debt unenforceable as is my right under the Consumer Consumer Credit Act 1974.

 

If this order were granted i would then seek a court order under the Data protection Act 1998 requiring you to stop processing my data and to remove any data you may have passed to credit reference agencies. If i was required to seek such orders, the costs to your firm would be substantial and i would seek damages.

 

Nevertheless, although i am aware I have no legal duty to repay this debt, I feel a moral duty to do so. I am prepared to offer a goodwill payment of £15 per month until a sum amounting to the principal, that is the amount I borrowed without any interest or charges, is paid in full.

 

In exchange for this agreement, both parties would waive any rights to sue under the agreement and you would agree to remove any negative data on my credit report, and further agree not to add any such data in the future. You should understand that i am only willing to repay this sum under these terms, and unless this is accepted within 28 days I will make no further payments unless either ordered to do so by a court or provided with a signed and properly executed copy of the consumer credit agreement.

 

If you intend to accept this offer, please sign and date this letter, keeping a copy for yourself. Otherwise, be aware that i will take legal action without further reference to your company.

 

Yours Sincerly,

YOUR NAME dated yyy.

 

 

____________________

Signed on behalf of COMPANY NAME)

date

 

:?

 

...

 

Don't sign your name, only type it. Oh, and guaranteed delivery.

[VikkiB]

That sounds great, thank you!!! I really appreciate all your help. I'll psot it off tomorrow, one thing, it is going to a PO Box so it isn't signed for..what should I do about that? still send it recorded / special?

[tomterm8]

Doesn't the letter have a company registered office on it? That's illegal, under the various company acts, and you should complain to companies house.

 

If you know the full name, you can get a companies address here: WebCHeck - Select and Access Company Information

[VikkiB]

I'm sure the address on it is a PO Box address, that is where I sent the request for my signed credit agreement to as well. I have now found their correct company address using that link, thank you.

[tomterm8]

don't forget your complaint to companies house... they MUST include their registered office in all letters. it's the law:)

[VikkiB]

Dont worry, I will add that! I can't believe a huge company like Next can behave in this way and break so many laws!

[vinegarvera]

Hi Vikki,

Just wanted to say good luck, I am in the same boat as you but a couple of days behind so I am watching with interest!!!

[Mike220359]

Legally you owe them nothing vikki. The only way for them to take you to any court for this account is via the Consumer Credit Act, you then ask for the credit agreement, they do not have one, case is over.

 

What will happen is they will continue to write letters and make telephone calls. They will probably give a bad mark with the credit agencies. But legally they are stuffed. They will not take you to court.

 

My wifes had a similar letter in reply to a CCA request. As you state they really are stuffed by virtue of the CCA, no agreement no debt end of. It implies clearly in the letter that 'there is still a debt {therefore we will continue to enforce it}'. This is where they come unstuck, how can they enforce the unenforceable? They cant but they think they can & I suppose will contact you and harass, in so doing they break section 40 of the Administration of Justice Act 1970, unfair harassment of debtors. There is a defence in that they could put their hands up and say that they didnt know about the fact that they were in breech of the act, that is why when you write back to them you must state that any further attempt to enforce the debt will be considered to be in breech.

 

Furthermoer as we have already seen they have processed your data without written consent, I have a letter from the Information Commissioner himself that such permission on its own would not be considered a breech of the DPA. However, if that lack of permission is linked to inaccuracies in the data supplied to the CRAs, remeber you have had interes added to the principal without warrent i.e. unjust enrichment, this means that the debt has been artificially inflated. You really can ride a coach and horses through them with the DPA. Then of course we have the different ways of calculating interest on the acoount, matters I and others have written before, Trading Standards and the Office of Fair Trading should be notified. The former wont do much unless they have a load of complaints, as will the latter, but every journey starts with the first step.

 

 

Mike

[smartmartian10]

The mysterious ways Next calculate the service charges (interest to you and me) are on this thread

 

http://www.consumeractiongroup.co.uk/forum/store-cards/80872-next-directory-statement-interest.html

 

If you want to complain to the OFT and get NEXT's conduct investigated check post #36 on this thread

 

http://www.consumeractiongroup.co.uk/forum/store-cards/69695-next-directory-covered-cca-2.html

[cashin]

Hi Vikkib,

 

Sorry yo jump in, but have you been in contact with the CCCS Consumer Credit Counseling Service. If so you should have been given a client No, NEXT like dealing with people who have this client No. When I contacted NEXT and informed them I was dealing with the CCCS NEXT accepted an offer of £5.00 per month and all interest and charges were frozen.

I suggest you try this first and save the CCA request for a later date.

A lot of companies will provide your CCA request, but if you wait until the Default Notice is sent, then they instruct a DCA (Debt Collecting Agent)you should then CCA the DCA as in a lot of cases the DCA takes longer to respond and in some cases not at all and will default on your CCA request making the debt in dispute. Therefore no action can be taken until they comply with your CCA request.

 

Regards

 

Cashin:)

[rory32]

The DCA will just request it from Next. Next are not very good at providing credit agreements anyway.

[smartmartian10]

LMAO rory32 thats an understatement - have they provided any?

[rory32]

LMAO rory32 thats an understatement - have they provided any?

Not to my knowledge. Although they are quite good at stating that they don't have one.

[VikkiB]

Hi, Next have already told me that they don't have a signed credit agreement for me. I sent the letter that was written earlier in this post to them on Saturday just gone, I'll keep you all informed of my progress!

 

Thanks for your help guys, much appreciated.

[vinegarvera]

Hi All just received a letter from Next saying basically the same thig as everyone else: i.e. "we do not have a copy of CCa but they have obtained legal advice anda debt is still a debt"

Actually I dont owe them this as it is mostly made up of non credited returned items and items that were never received!!

They go on to say "should this paayment not be made a default entry will be made on your credit reference file, which may affect........."

 

Can antyone point me in the right direction of a letter to return to them pointing out that they cannot do this??

[vinegarvera]

Sorry just found one!! Thanks to all concerned!

[pinkerton_angel]

Hey Vin,

Which letter did you find to send them? I had a similar letter from them today saying they don't have an agreement blah blah blah but that my default still stands, they enclosed a copy but that if I pay all the money owed they will take off the default. NOt sure what to go back with now, I liked the previous letter but does that mean they will take the default off straight away once they agree or would I have to wait until all the money had been paid before they removed it?

Thanks

pinky