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Next Have No Cca


hayley
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Making it bigger would be a start:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi

 

Sorry, this is what the letter said

 

In response to your request for a copy of a signed credit agreement, i can advise that we do not hold this. The absence of a signed credit agreement however this does not mean the outstanding balance does not exsist.

 

Whilst Next will not seek to use litigation to enforce any monies owing if payments are not maintained, we will write to you and the monies will still be owed, as goods that have been charged for have been ordered by, and delivered, until the balance has been paid in full.

Then yesterday i received this letter off them

 

Your account has been prepared for transfer to a debt collection agency. An immeadiate payment of no less than £201.74 must reach us by 22 June 2007.

 

Failure to resond to this letter will result in your flexible account being closed and you will no longer be able to trade with Next Directory. Your account will transfer to a DCA which will result in a default being registered against you, this will remain in force for several years. Further charges may also be added to your account

 

I would be grateful for any help on this.

 

Many thanks

 

 

Hayley

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Clearly NEXT aware they cannot enforce this debt. They are right in saying the debt still exists so due to a lack of credit agreement you can either pay them nothing and try and get it written off, offer a 10% full and final settlement or offer monthly payments that you can afford, this can be a litle as £1. Whatever you decide it will now be on your terms.

 

The second letter you recevied was just a standard computer generated letter. Do not ignore this though if they keep coming you can use them for a harassment claim.

 

There is a letter i have that you can send them asking them to stop processing your information and again highlighting that passing on this disputed account to a DCA is in breach CCA 1974

 

Give me 10 minutes i will paste it here.

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Clearly NEXT aware they cannot enforce this debt. They are right in saying the debt still exists so due to a lack of credit agreement you can either pay them nothing and try and get it written off, offer a 10% full and final settlement or offer monthly payments that you can afford, this can be a litle as £1. Whatever you decide it will now be on your terms.

 

The second letter you recevied was just a standard computer generated letter. Do not ignore this though if they keep coming you can use them for a harassment claim.

 

There is a letter i have that you can send them asking them to stop processing your information and again highlighting that passing on this disputed account to a DCA is in breach CCA 1974

 

Give me 10 minutes i will paste it here.

 

Thank you so much for your help, have you pasted the letter yet as i cant see it.

 

Many thanks

 

Hayley

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Oh bugger....im so sorry here it is, adjust it to suit:-

 

Request for true copy of Credit Agreement under Sections 77/78 of the Consumer Credit Act 1974

 

I wrote to you on the (date) requesting a true, signed copy of any credit agreement that exists in relation to the above account (see enclosed).This is my right under Sections 77 and 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence.

 

Both of these deadlines have now passed and I have received nothing in relation to my request, infact you have confirmed you do not have such documentation.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. In this case it does not exisit. This will be a complete defence to any court action that you may consider taking.

 

Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Under the Data Protection Act I have principled rights in that

 

 

 

(Schedule I)

 

1. Personal data shall be processed fairly and lawfully

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

(Schedule II)

 

1. The subject has given his consent.

2. The processing is necessary –

a. For the performance of a contract to which the data subject is a party.

The fact that you cannot provide me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. Incidentally, I cannot recollect receipt of the said documentation. If the documentation were to be produced as you are aware the default notice cancels any original terms and conditions and as such cancels any right to share my information without my consent

There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

 

Should you fail to respond within 14 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

  • You may not demand any payment on this account, nor am I obliged to offer any payment to you.
  • You may not add any further interest or charges to this account.
  • You may not pass this account to any third party.
  • You may not register any further information in respect of this account with any of the credit reference agencies.
  • You must remove the default notice you have placed on my credit file.

I look forward to your response. This should include your proposed actions in relation to the lack of a credit agreement

 

Yours Faithfully

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  • 1 month later...

Hi

 

I have sent the letter that yaffsimone1 kindly gave but today i have received a final demand letter off Lewis Debt Recovery for £408.92 i am worried as it says if payment is not received by today (23rd July) a solicetor will be instructed to commence legal action in the county court which could result in a judgement (ccj) or decree being recorded against you.

 

Can anyone give me any advice?

 

Thanks in advance

Hayley

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Hi Hayley

Just seen your post now, I am in the exact same position as you, in fact Lewis have already said that they cannot produce a CCA, as one doesnt exist, and I have also had a final demand from Howard Cohen solicitors ( Ithink this is your next letter coming out to you:D )

I was wondering, If as now my 12+30 days are now up and passed, I could send this letter to Lewis and tell them now to pig off!!

Help please!!

Vici xxx

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Hi Hayley

Just seen your post now, I am in the exact same position as you, in fact Lewis have already said that they cannot produce a CCA, as one doesnt exist, and I have also had a final demand from Howard Cohen solicitors ( Ithink this is your next letter coming out to you:D )

I was wondering, If as now my 12+30 days are now up and passed, I could send this letter to Lewis and tell them now to pig off!!

Help please!!

Vici xxx

 

Hi Vici

I would send the letter it is worth a go but I think if you have it in writing that a CCA does not exist, they cannot keep onto you for the money and it cannot go to court, but dont quote me on this i am new to all this too. I still have the letter off Next, so i think i may send a copy of it to Lewis and see what comes of it i will let you know what happens.

Good Luck

Hayleyx

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Hi

 

I have sent the letter that yaffsimone1 kindly gave but today i have received a final demand letter off Lewis Debt Recovery for £408.92 i am worried as it says if payment is not received by today (23rd July) a solicetor will be instructed to commence legal action in the county court which could result in a judgement (ccj) or decree being recorded against you.

 

Can anyone give me any advice?

 

Thanks in advance

Hayley

 

Don't worry, without a credit agreement they have no case. Let 'em sue, you'll trounce them:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Your address

 

Date

 

DCA ADDRESS

 

 

Dear Sir / Madam

 

RE: FORMAL COMPLAINT UNDER CONSUMER CREDIT ACT 2006

 

Thank you for your letter dated XXX, in which you stated “we will immediately commence legal action”.

 

Please note, i deny that i owe any debt to your company or your clients.

 

I note that the original creditor has already confirmed that they do not hold any credit agreement for this account. As you are very well aware, falsely implying that legal proceedings lie in relation to a debt is against the OFT Debt Collection Guidelines.

 

I place you under notice that you have no legal or contractual right, or concent, to process my data and therefore issue against you and your clients a section 10 notice under the Data Protection Act 1998.

 

Further, if you were to proceed to legal action in this case, I would make a formal complaint to the Attorney General against you as a vexatious litigant, and issue an application for my wasted costs and a Civil Restraint Order to be lodged against your company.

 

I hope that this makes the situation very clear.

 

Yours Sincerely,

 

XXX.

  • Haha 1

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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  • 2 weeks later...

Hi

 

I am in desperate need of some help. I received this letter from Next (see links below) this morning and dont know what to do now. The other thing that i am concerned about is they say in the letter that a default has been registered on my credit file, but i have never been issued with a default notice from them.

 

I have been trying so hard to clear my credit file of all CCJ's and Defaults i currently have and next year they will all come off as they have been on there for six years so i was hoping to get back on track and now they say they have put a default on that will stay for six years so i am back to square 1.

 

Hayley

 

NextLetterPage1.jpg

 

IMG]http://i180.photobucket.com/albums/x27/hayley200880/NextLetterPage2.jpg[/img]

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Hi Hayley,

Thats the position I am in at the moment, I thinkl the next step is a complaint to OFT and Trading standards.

It looks like a standard letter as it is almost word for word the same as mine (see earlier in thread).

They have told me now that they are not willing to communicate with me further and will continue to send out statements AARRGGGG.

I do have a letter at home that Rory wrote on another thread, I will post it up later, as I am in work at the moment.

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Next are well within their legal rights to register a default against you in afraid. The debt may be unenforceable without a credit agreement in court, however THIS DOES NOT MEAN THE DEBT DOES NOT EXIST ! the debt is still a debt, it just means next can not take action in the court to get their money back.

 

in the abscence of a signed credit agreement, the consumer should use this as a bargaining tool to negotiate re payments to them, for example if you can only afford to pay them back ten pounds a month then they will have to accept your offer as they can not take court action. Quite frankly i have no sympathy for next registering a default against you, as i think its outrageous that people are abusing the system and trying to get out of paying for their debts in the abscence of a credit agreement.

 

If you owe money to a company - it should be paid, whether it a pound a week, it is morally wrong. I had a debt to next knowing full well they had no credit agreement, but i still paid the 600.00 !!

 

Unfortunatley you are now stuck with a default for six years, which you will not suceed to get removed before, maybe you should have negotiated with them for an offer of payment and this situation wouldn not have happened, the same thing happened to me and they accepted my offer of reduced payment.

 

may this be a lesson learnt for others.

 

yes you may get the debt reduced to a nill balance, but at the price of your credit file !!

 

i am sorry, but this is something i feel strongly about, do not believe in people trying to get out of paying for money they owe.

 

the abscence of a credit agreement should be used to negotiate with creditors.

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Hi MMPenny

 

I think you are completely missing the point - DCA's and the likes hound people into terrible positions and get people agreeing to all sorts - noone on this site wants to avoid paying their debts just want assistance and a fair hearing - i do not dispute that there are some people who wont pay rather than cant pay, but i think you need to read a lot more around these pages before assuming that people are trying to shirk their debts.

There are a lot of desperate people on this site who need help to deal with these vultures and ultimately that is what they are and i am assuming with your reply you have not been on the receiving end of this so, can I suggest you step off your soap box and offer assistance and support to people.

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