Next Directory PPI

Hello (new face here!) .

I am attempting to claim back PPI from Next Directory. I have had an account with them for 17 years. It was only in the last couple of weeks, having started claims against FirstPlus and Tesco that I thought I'd have a look at my Next account and see if I was paying them PPI, which I am!

I wrote to them requesting a copy of my agreement and a breakdown of all the payments I have made. Received a letter from them today saying that at the time my account was opened "you would have been required to confirm that you did not wish to take out the protection, either by replying to advise this when the T&Cs were sent to you or at any time since that date". I goes on to say that that the FOS will only consider cases referred to them by the FSA or if the incident took place after April 2007. It also says that Next was not regulated by the FSA prior to 2005 so the FOS rules and regulations do not apply. I think they are telling me to go away :rotfl:

It seems to me that the PPI was automatically added and that it was up to me to contact them to "opt out" - clearly I didn't know this as I would have done so! As far the stuff about the FOS and the FSA I haven't a clue where this leaves me.....

Can anyone out there advise what my next course of action should be, if any? I'd be really grateful for any help on this:confused:
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Comments

  • di3004
    di3004 Posts: 42,579 Forumite
    Hello and welcome.;)

    I hate it when that happens......sorry to hear that.

    However, you may note by reading through the threads there are many in the same situation.

    I know this is an old case here, but maybe "just a suggestion", ask if they will consider refunding you then the last 6 years, or give the FOS a ring to ask if there is any other way around this matter, even if the business were not governed as such when you taken this out etc.

    Ring the FOS and ask is there any other way around this one, as its an old one, maybe the underwriter direction perhaps.

    FOS here:
    http://www.financial-ombudsman.org.uk/contact/index.html

    I think its best for you to find out, as not all business discloses where you can go from there.
    Good luck.;)
    The one and only "Dizzy Di" :D
  • Nix3517
    Nix3517 Posts: 16 Forumite
    Thanks for the advice, I will get onto the FOS and see what their view is. I am also going to write to NEXT again requesting that they actually send me a copy of the agreement (as I requested in my first letter) so that I can read the Terms & Conditions myself. It seems to me that, as I didn't actually request the PPI in the first place, they shouldn't have had the right to add it on by default - grrr. I'm not holding out much hope on this one to be honest, and its not a huge amount of money in the scale of things but I will certainly take it a bit further and see what happens - feeling brave today !
  • di3004
    di3004 Posts: 42,579 Forumite
    Nix3517 wrote: »
    Thanks for the advice, I will get onto the FOS and see what their view is. I am also going to write to NEXT again requesting that they actually send me a copy of the agreement (as I requested in my first letter) so that I can read the Terms & Conditions myself. It seems to me that, as I didn't actually request the PPI in the first place, they shouldn't have had the right to add it on by default - grrr. I'm not holding out much hope on this one to be honest, and its not a huge amount of money in the scale of things but I will certainly take it a bit further and see what happens - feeling brave today !

    Your welcome.
    Good luck with this and keep at them.;)
    Enclose a £1 postal order or cheque payment for the request of your agreement, if they cannot send this to you then they must return your payment with an explanation.

    Hopefully the FOS will be able to guide you on this also, fingers crossed.
    The one and only "Dizzy Di" :D
  • Nix3517
    Nix3517 Posts: 16 Forumite
    Thanks, will definitely take it furtheras I've nothing to lose really. They have though as I am going to pay off my balance and cancel my agreement so they are going to lose my business!

    I have only recently sent off first response letters to Tesco Personal Finance and FirstPlus as well so my brain is getting overloaded with all this but I am determined to get what's owed to us. My husband was self-employed at the time both loans were taken out (in his name) so the PPI would have been all but pointless. I will post-up progress on these as and when we get any ;)
  • di3004
    di3004 Posts: 42,579 Forumite
    Nix3517 wrote: »
    Thanks, will definitely take it furtheras I've nothing to lose really. They have though as I am going to pay off my balance and cancel my agreement so they are going to lose my business!

    I have only recently sent off first response letters to Tesco Personal Finance and FirstPlus as well so my brain is getting overloaded with all this but I am determined to get what's owed to us. My husband was self-employed at the time both loans were taken out (in his name) so the PPI would have been all but pointless. I will post-up progress on these as and when we get any ;)

    Good luck.:D;)
    The one and only "Dizzy Di" :D
  • I personally believe Next misold me both PPI and credit some time ago when I was only 17 years old and still at school. They added PPI to my account even though you cannot accept PPI when you are not in a full time job - the logic being PPI protects yours paymenst as a result of loss of employment but if you have no employment to lose, there is no need for PPI.

    They also gave me credit when I was underage (under UK law you have to be 18+ to be able to be offered any credit).

    There is no signed credit agreement in effect either.

    I am taking Next to court and have a date set in Feb 2010. If you too were mis-sold PPI or credit by Next Directory, or have credit with Next and no signed credit agreement, please drop me a line.
  • Hi there,

    I know the details of this post was posted a year ago. But just wondering if you got anywhere with recovering Next PPI through the courts?

    Thanku:)
  • BUSYB_2
    BUSYB_2 Posts: 153 Forumite
    Hi I would be interested to know if anyone got anywhere with Next ppi. Had a letter today saying they have no paperwork at all as the policy was taken out in 2000 and they only need to keep for 6 years. I have only just cancelled the policy ( didnt realise I had it ) so surely the 6 years is from when the policy is cancelled and not from when taken out?
  • roonaldo
    roonaldo Posts: 3,420 Forumite
    First Post First Anniversary Combo Breaker
    BUSYB wrote: »
    Hi I would be interested to know if anyone got anywhere with Next ppi. Had a letter today saying they have no paperwork at all as the policy was taken out in 2000 and they only need to keep for 6 years. I have only just cancelled the policy ( didnt realise I had it ) so surely the 6 years is from when the policy is cancelled and not from when taken out?

    no, sales documentation would be from 2000, so 6 years from then.
  • BUSYB_2
    BUSYB_2 Posts: 153 Forumite
    Thanks for the clarification. Is it a waste of time then, have I got no chance?
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