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There's a bunch of threads that cover this.

The way to approach this is to CCA Next for a copy of the excuted credit agreement, also ask for a true copy of the default notice at the same time.

When they can't supply then take this info to the CRA and demand that they adjust the record as it is not accurate.

Be VERY careful whose advice you listen too

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HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Next are taking me to court but they never issued a DN either. They think they can do as they please.

Abbey - *SETTLED IN FULL!* ;)

-£445 refunded after one phonecall

HERE

 

Lloyds - Reclaiming Charges ***WON!***

-09/05/07 - Prelim delivered

-22/05/07 - LBA sent - no response

-11/07/07 - Filed at court

- 26/07/07 - Full settlement offer!!!! Donation made ;)

HERE

 

Next - Trying to Sue us with no agreement! :lol:

-29/06/07 - Defence filed

-16/08/07 - AQ filed

-19/09/07 - Claim struck out!! :p

HERE and continued HERE

 

PLEASE CLICK MY SCALES IF I'VE HELPED!

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  • 1 month later...

I'm really at a loss to understand Next!! what idiots!!!

 

I had the standard letter off them initially saying that they didn't have a copy of the CCA but that I still owed the debt and if I paid it off they would take off my default.

 

Have also contacted the DCA about this and they were going to speak to Next on my behalf before taking any action but this has all gone quiet....

 

I wrote back to Next to say 'nice try but not what i needed' kind of thing

I received a letter from Lewis Debt Recovery yesterday saying;

"We have been advised by them (Next) that they are unable to obtain a copy of your credit agreement. However, they are able to provide proof that goods have been ordered and signed for and that you have been making payments.

We note with concern that we have not received a payment since 14th June 2007. To enable us to provide you with a monthly statement, you must forward your payment on receipt of post.

Failure to comply will result in further action being taken against you."

 

Last night I emailed Carol Kelly (who the letter was from) and said;

"In response to your letter dated 23rd July, please could you forward copies of proof of delivery for goods you have billed me for. I do not believe that I have received goods to this amount."

 

She has replied to say:

"We refer to your recent email, the contents of which have been noted.

Our client have confirmed that they are unable to obtain a copy of all deliveries that have been made to you. However, they have also confirmed that you are aware that goods have been ordered that have not been paid for. You will also have been receiving your monthly statements.

If you have any other queries regarding this matter, please do not hesitate to ring me on 08707513200."

I then said: "Dear Ms Kelly,

In response to your email, please can you advise how I am aware that I have ordered goods that have not been paid for. I have previously tried many times to get undelivered items removed from my bill with no luck so I am very keen to gain proof that these items have in fact been delivered as your client suggests.

In your previous correspondence to me, you stated that your client had 'proof' that these items had been received. Is this incorrect?

 

She came back with;

We refer to your email, the contents of which have been noted.

As I said in my previous email, I have spoken to our client after receiving your email today, that is the reply that they gave me. They can not provide proof of delivery.

Please ring me to dicuss this matter further on 08707513200."

 

So basically they lied when they said they had proof of delivery, I've also told her that I don't wish to discuss anything on the phone and will only deal with them by letter.

Any suggestions what I can do now?

Do you think they'll take me to court and if they do what will be the likely outcome??

 

Thanks

pinky :p x

 

 

 

 

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Do you think they'll take me to court and if they do what will be the likely outcome??

Next do sometimes take people to court without a credit agreement, proof of delivery, etc (but not often). If they do you should apply to have the case thrown out, but you are currently a long way from court action.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Sorry posted this on the wrong thread earlier.

 

ARG Update on the idiots

UPDATE!!

Thank you for your email dated 28th July.

 

I am very concerned that you still dispute the balance on your account, despite our previous correspondence, which you have acknowledged by replying directly to me.

 

In these emails and letters, as requested, I enclosed copies of all statements currently available on your account, and advised that if you required any further information from your account, you would need to ask for a Data Subject Access Request, and supply a cheque for £10.00, however I have not, received any such instruction.

 

With regards to your credit agreement, again, I can confirm that we do not hold a signed copy of this, and therefore we will not pursue your debt through the courts. However, the debt remains as you have not provided any evidence that you either did not open or run the account, did not receive the items ordered or that you have returned them. ( Neither have you!!)

 

Therefore, we will continue to pursue the debt through a debt collection agency, and we will not remove any factual information from your credit files.

 

Turning now to your request for Next to cease processing your data in accordance with the Data Protection Act, I can advise that Section 10 only requires Next to cease processing where continued processing is causing, or is likely to cause, substantial damage or substantial distress, and any damage or distress is, or would be, unwarranted.

( What part of " I am very concerned dont you understand??)

 

Next Directory is processing your personal data, which is an accurate account of the way you have managed your account with Next Directory. You have consented to the processing of your data in this manner by accepting the Terms and Conditions of trading. As such, Next Directory does not accept any continued processing would cause unwarranted damage or distress. Your personal data will therefore continue to be processed by Next Directory and the Credit Reference Agencies. Other third parties that may have received your data, will only have done so for the fulfilment of orders, (continued processing would only occur if you place further orders), and to enable our approved representatives to recover any monies outstanding.

( When did I sign to accept terms and conditions?)

 

To reiterate our position, we are satisfied that the information recorded on your credit file is accurate and deny that it has been registered unlawfully. We are therefore not able to comply with your requests to remove the balance from your account, to cease pursuance of the amount owed through a debt collection agency, nor to remove factual information from your credit files.

 

If you decide that it is in your interests to pass the matter to a third party to investigate, we would, of course, fully co-operate with them and reply to them directly. However, given that we have now fully confirmed our position on numerous occasions, we do not feel that it would serve any purpose to continue corresponding with you regarding this matter and your statements will continue to be sent as of 6th August 2007.

 

Oh now you are refusing to talk to me about it??

 

With kind regards

 

 

[NAME REMOVED]

Customer Relations Management Team

 

You can also contact the Customer Relations Management Team at Desford Road, Enderby, Leicester, LE19 4AT. Telephone: 0844 844 8315.

Please don't print this email unless you really need to.

 

Oh I will print it off along with the rest of the B*****it you have sent to me and send it to the relevant authorities!!

 

I then emailed them to advise I would be contacting TS OFT and Information commisioner.

I received this 10 mins later!!

 

Further to your email, I can confirm that I have passed all of your account details to our Legal Department, for their reference, and we await contact from these third parties.

 

However, in the meantime, please be aware that statements will continue to be sent and payments requested. May I also take the opportunity to remind you that payment history will continue to be recorded on your credit files. At present, your minimum payment is £144.46, which is due immediately.

With kind regards

Jenny Lewis

Customer Relations Management Team

You can also contact the Customer Relations Management Team at Desford Road, Enderby, Leicester, LE19 4AT. Telephone: 0844 844 8315.

Please don't print this email unless you really need to.

 

Can anyone help me compose a letter for the powers that be?

 

Edited by alanfromderby
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  • 4 weeks later...

Anyone got any further with Next? Today I sent off my complaints to the FOS and the ICO about the Default, the lack of CCA and the lack of Default paperwork. It was a joy to include all my correspondence, things like a letter from Next telling me that at no point had I disputed any items that I had received or the amount owed, this was alongside email correspondence from myself to the DCA disputing the amount owed and 5 months worth of letters asking why they hadn't removed items I'd disputed as having never received!!

Other 'Next classics' included a letter from them saying they had proof that I had had items delivered and oops an email from the DCA saying that their client did not have any proof of delivery. It's really quite nice of them to make these little blunders to help us out!

pinky :p x

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  • 3 weeks later...

Well, I've sent everything off to the ICO and the FOS and carried on sending the removing default letters to Next. Today I receive a letter from them saying;

The above account that remains unpaid by the amount as indicated is being prepared for sale to an external Debt collection agency who, post this sale, will legally own the debt.

To prevent this action and subsequent collections activity, please telephone the Next Directory Collections Dept on 0844 844 8902 between the hours of 12 noon - 5pm, MOnday 17th Sept - Thurs 20th Sept with your proposal for payment.

This line will cease to be in operation from 5pm, Thurs 20th September at which point, should no communication have been received, the account will be sold.

 

Any ideas what I should reply with????

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  • 2 weeks later...

Yet another nonsense letter from Next;

"Further to your repeated requests for a "true and signed copy" of a default notice, and your reference to section 78 of the Consumer Credit Act. I can advise you that our Legal Department have advised that section 78 does not relate to default notices, although it does relate to credit agreements. Furthermore, it is accepted as a matter of good law that a "copy" for the purposes of section 78 need not be an exact copy or photocopy, as long as the true copy provided contains every material provision of the original agreement.

 

I am concerned to learn that you are now disputing the sum owed to Next Directory. You have been provided with statements itemising the goods you have been charged for, and any payments received. You have not contacted us within a reasonable timescale, to query any entries on your account, and it is not feasible for us to have to prove you have received goods before expecting payment for them. However, if you could supply me with details of any disputed items, I will gladly investigate further on your behalf.

 

In the meantime, I understand that our Collections Department have written to you to advise that our next step will be to sell the outstanding debt to an external Debt Collection Agency, and I can confirm that we are within our rights to take this course of action.

 

I respect your decision to refer the matter to the Financial Ombudsman Service, and if you would like to supply your case reference, I will be pleased to offer any assistance I can"

 

I'm assuming they've included the last paragraph as they assume it was just an emply threat, pah!!!!

They are brainless. I have pointed out to them many times that they have not sent either statements or the copies I asked them for, that I disputed items last November that took over 6 months for them to acknowledge - is this a reasonable amount of time - I don't think so!!!! they also told me at one point that they could prove I'd taken delivery.

I told them I was more than happy to pay for any items they could prove I'd had, I think that's more than fair!!! but they now say they a) can't prove it and b) don't have to.

 

Where can I go with this next? I never received a default notice from them and they lodged it after only 2 late payments on my credit file.

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You now need to take your complaint to the FOS.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 4 months later...
  • 4 weeks later...

Got a letter from Cabot Financial yesterday saying they now owned my account and that I owe them money, do I need to send the CCA letter to them now or just tell them that Next have already admitted not having one.

Any ideas appreciated.

Pinky x :p

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  • 5 months later...

Next are just a waste of space, trying to get a straight answer out of them is like looking for a brain cell in a Lewis's admin team.

 

They can pass/sell/swap/trade/barter your alleged debt to who ever they like. But without a signed CCA, they can enforce diddly squat.

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I have been sent a court form from next. Any ideas what I do now???? I have CCa's them and they ave failed to provide me with any of the documets requested! Do I defend and ask for it to be thrown out?

 

If I get a CCJ I may loose my job!

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Yes, its a county court N1. I've had no contact with Cabot only [NAME REMOVED] at Next. This seems to have been issued by Howard Cohen & Co solicitors. I have posted details on my own thread. Any held gladly appreciated as I would like to get these forms off today!

 

thanks

Edited by alanfromderby
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  • 6 months later...
  • 1 month later...

I guess I shouldn't have spoken too soon!! Markers are now back on my credit report and I am now being harrassed daily by Cabot on the phone. When I first spoke to them they asked me how I intended to pay back my debt, I explained that it had all been sorted and I had a letter from the company saying that they would not chase for the debt but they kept talking over me and didn't listen, in the end I put the phone down. Now every time they phone I just answer and leave the phone until they hang up. How should I proceed now?

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Put everything in writing. Do not deal with them on the phone. You could send a brief letter (and I mean brief do not add any more info than you need to) telling them this is sorted and you have the letter to prove it (you do have a letter from Next don't you?).

Await their reply.

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