Next Have No Cca

[missmoneypenny1]

oh i have been there alright and i have learnt the hard way, i got into a lot of debt with many creditors to the point were i was suicidal, i didnt know what to do or where to turn.

 

But i paid ALL my debt off, even in dribs and drabs, whatever i could spare, i ordered the goods and used them , so i should pay for them no matter how long it takes!

 

I am more than willing to give support, however my support would be to offer a little repayment to the creditor and use the fact they dont have a credit agreement in place to get them to agree a low repayment offer, even if it was only five pounds a month.

 

maybe if this poster had received the right support and advise in the first place she wouldnt have ended up having a default, thus affecting her finances for the next six years. i am sure if she knew these consequences she would have made a small offer of payment to them.

 

it is morally wrong, and i do not believe that people can not afford to make even a small repayment offer of five pounds a month !!!!!!

[linz2011]

I totally agree with you and I do not get the impression that anyone is trying to not pay anything - reality is it will not go away and it has to be paid it is just a benefit of knowing there is no CCA which helps with the negotiations - i can see you are new to the site and if you have suffered at the hands of debt then I am sure your experiences will be used to assist people and help them when needed.

Rest assured this site is fantastic and the knowledge on here is second to none however, help is always appreciated. Welcome to CAG !

[Timsta]

Leaving aside the morals, lets get down to law. They cannot default you. To allege that one was in default of a contract would require there a contract. How can one be in default of the T&C's of a contract that they cannot prove you agreed to?

[missmoneypenny1]

Thank you

 

I just dont want people to have to go through what i did, i have only just mannaged to sort things out.

 

I understand people may take this approach out of desperation, however its people that just try to get out of paying for the debt that i have an issue with.

 

Also the law states, as per the Data Protection Act that creditors may still process information even in the abscence of a credit agreement.

 

I would read the eight data protection principle acts, a contract does not have to be in writing i am afraid, the fact that goods were ordered and received automatically enters you into a contract.

 

data may legally be processed even if the consumer took steps, with a view to entering into a contract !!

 

consent is only one of the principles, if you read the dpa, a creditor does not have to have consent to process, and if they process without consent you may ask them to stop with a section 10 notice.

 

i was under the same impression as yourself that,how on earth can they register a default without a credit agreement,but after speaking and paying for a solicitor, believe me, they can ! a contract can just be simply ringing for a brochure and ordering goods, it does not have to be writtten, there are verbal contracts etc.

 

I understand what you are saying, but there was a contract in place here, although no credit agreement

[b8byd]

Subscribing....

 

I sent CCA

[b8byd]

Subscribing to the Next Club and adding my 2p worth!

 

I sent CCA request on 18 July. Received standard 'we don't have the CCA and the debt is unenforceable... but our legal advisers have told us an unenforceable debt is still a debt!' letter. Presumably their legal advisors have also told them that an unenforceable debt is, er, unenforceable.

 

31 July - sent Stat 10 Notice to cease and desist from processing my data.

[missmoneypenny1]

hi

 

a section 10 notice only applie if the consumer never gave consent or to continue processing would be an unwarranted act.

 

if consent was given to process you can not ask them to cease with a section 10, an unwarranted act would also not apply in the absence of a credit agreement.

 

I have just been through the whole process with next, and have looked into all legal issues.

[stebiz]

I have an 'alleged' debt with a DCA for a credit card. I was tormented for years by them......and I mean tormented to the point I contacted the police. They have since been unable to provide a CCA. Now i laugh at them. Morally wrong. I think not!!! At one stage I was receiving 2 calls a day from them.

 

I understand your argument (not saying I agree with it). Many banks and companies will tread on anybody to make a profit. It is a big game to them. It may hurt that some customers now have 4 Aces but life isn't always fair.

 

Just my tuppence worth.

 

Stebiz

[hayley]

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.

 

 

I think you are totally out of order assuming i am trying to get out of this debt, i am paying Next £10 every month and have never not paid them, the reason i am so angry about all this is because they knew i had to have six months off work to care for my mother who had a brain tumor and i offered them £10 a month and they would not accept it but i have paid it anyway to show i am trying to pay. Next have been very unsympathetic and despite knowing the situation continued to send me threatning letters. I only wanted to know if they could issue a default without informing me as in the past i have had default notice but have had nothing from Next.

[tomterm8]

I think you are totally out of order assuming i am trying to get out of this debt, i am paying Next £10 every month and have never not paid them, the reason i am so angry about all this is because they knew i had to have six months off work to care for my mother who had a brain tumor and i offered them £10 a month and they would not accept it but i have paid it anyway to show i am trying to pay. Next have been very unsympathetic and despite knowing the situation continued to send me threatning letters. I only wanted to know if they could issue a default without informing me as in the past i have had default notice but have had nothing from Next.

 

They are required to send it, but there is no requirement to recieve it as such...

 

 

I would suggest you send a S.A.R. to next, to see what comes back.

 

Not much point doing anything about it until you've paid the debt off, as if you make a stink they'll just send you a new default notice, and you'll be in a worse position than currently.

[vinegarvera]

Thank you

 

I just dont want people to have to go through what i did, i have only just mannaged to sort things out.

 

I understand people may take this approach out of desperation, however its people that just try to get out of paying for the debt that i have an issue with.

 

Also the law states, as per the Data Protection Act that creditors may still process information even in the abscence of a credit agreement.

 

I would read the eight data protection principle acts, a contract does not have to be in writing i am afraid, the fact that goods were ordered and received automatically enters you into a contract.

 

data may legally be processed even if the consumer took steps, with a view to entering into a contract !!

 

consent is only one of the principles, if you read the Data Protection Act, a creditor does not have to have consent to process, and if they process without consent you may ask them to stop with a section 10 notice.

 

i was under the same impression as yourself that,how on earth can they register a default without a credit agreement,but after speaking and paying for a solicitor, believe me, they can ! a contract can just be simply ringing for a brochure and ordering goods, it does not have to be writtten, there are verbal contracts etc.

 

I understand what you are saying, but there was a contract in place here, although no credit agreement

 

 

With respect, I have written to Next month after month regarding goods not received or returns not credited back to my acoount after being returned! They have completely ignored these letters as well as having no CCA and have STILL entered a default on to my account!!

They are now asking me to prove I have no goods, how on earth can I do that??? I have sent them endless proof of return notes.

Can a contract then be verbally broken when you state you have not received the goods?? No.

[missmoneypenny1]

appologies for offending anybody, i was not aware of the background to this and started to run beofore walking.

 

anyway, I would like to help if i can, i have just after a very very long process got next to remove a default off my file, i researched my info for months and even spoke to a solicitor to see where i stood legally with them. next are a nightmare for backing down, however they fell in the bitter end. I have a final letter to them that is very long and too long to post here, but i will email to anybody on request.

 

I am sorry for jumping the gun in my first thread, i just believe that if a debt is owed it should be paid, even if the repayments are low. but it sounds like next have refused your offer and defaulted you anyway?, this is totally wrong. I totally agree creditors make profit in every way they can and are totally ruthless, its just a personal opinion of mine that a debt should be paid, people have other opionionsand i respect that.

 

as for proving you have returned goods, i am not sure how on earth this can be proved, have they not got the return forms they ask for when they collect items?

 

i have been following a few threads of next on here, and it seems they are sending the same standard replies that they sent me.

 

the OFT advised me that, next must have sent me a default notice, i advised them they didnt send me one. The OFT told me that if they can not prove one was sent in the form of producing the ORIGINAL copy and not a sample copy, or if they have delivery confirmation from royal mail. Next will not have either of these and according to the person i spoke to at OFT she said in this case the default must be removed and next would then have to restart the process, however if you met the min payments then they would not be able to default you again.

 

next do not keep ANY copies of default notices, all the have is a date when it was sent as they are all computer generated. this does not satisfy the law in proving that one existed or was sent, and if this went to court next would loose, plus computers may not always be right !

 

hope i can be of help, any questions please ask

[linz2011]

Hi MMP

 

I would be interested in seeing your letter - can you PM me a copy

 

Thanx

[missmoneypenny1]

hi,

 

its 23 pages long !!!! think i would next to email it !