CCA Reply letter from Next Directory

wherestheend

Hi

I have sent the CCA letter to next directory and got a reply today the last day they had, I am a bit unsure of the reply as they have not sent me a signed copy of my agreement but they state they do not have to. They have just sent me a photo copy of terms dated 31/01/1995 I have posted the letter below. Can anybody help with what I should do next or if this is correct.

The Next Directory letter reads

We have previously supplied you with or please find attached a true copy of the credit agreement. We are satisfied that this meets with out obligations under section 78 of the Consumer Credit Act.

By way of explanation, under Section 78 of the Consumer Credit Act, Next must supply any customer with a True Copy of their credit agreement upon request. For the purpose of section 78 a, a True Copy need not be an exact copy or photocopy, as long as it contains every material provision of the agreement signed. This means that it does not need to have non-statutory information which was included for the own creditor's benefit or signed boxes. Therefore Next are not required to provide you with a signed copy of the agreement and this is made clear in section 3(2) of the consumer credit (cancellation notices and copies documents) Regulations. We are required to provide you with a true copy and a true copy is enclosed.

In light of this, and in the absence of any evidence to suggest that you did not order and/or receive the goods delivered, Next will continue to seek payment of the balance of £1168.47 owed by you. It is noted that you have neither denied ordering or receiving Next Goods.

A default entry will therefore be made on the credit reference file, which may affect the ability to obtain credit in the future. Making payment to clear the balance will enable the credit file to show satisfied.

---

The letter attached just has a date 31/01/1995 and is titled Credit agreement regulated by the consumer credit avt 1974.

my signiture is not on this at all.

Any help please, what should I reply.

Thanks

GeorgeUK

Have a look at this thread
Legislation: http://forums.moneysavingexpert.com/showthread.html?t=1496721

and see if the prescribed terms mentioned in it are on your CCA. If not then the cca is not properly executed. One of the things catalogues seem to do is just copy their current cca. Is there a mention of the charges and are the £12? This was not brought in until about 2004 so would not have been on a cca from 1995.

wherestheend

Hi Georgeuk

Thanks for your reply, i have had a look at the page but to be honest I do not understand most of it below is what next have sent as my CCA there is no customer number on it and no name

31st January 1995

Customer No

Dear

CREDIT AGREEMENT REGULATED
BY THE CONSUMER CREDIT ACT 1974

Terms

1. This agreement covers the purchase by the customer of goods from next directory

2. No formal credit limit is applied

3. Payments under the agreement shall be every 4 weeks. Assuming you do not make early repayment or and further purchases, payments will be at the rate of one twelth of the total purchase price, plus one twelth of our estimate of the total service charge payable or, if less, the outstanding balance on your account. There is a minimun payment of £10.00. Terms will be re-culculated whenever further goods are added to the account, based on the new purchases plus any existing balance. The revised balance will be payable by a further 12 instalments as described above.

4. Account Statements will be posted to the consumer every four weeks, and payment should be made within 21 days of the statement date.

5. Service charge at the rate of 2.027% every 4 weeks (APR 29.8%) variable will be calculated on the opening balance shown on each statement and will be debited to your account, unless the full balance shown on that statement has been paid by no later than the date set out in 4 above.

6. Notice of any change in the service charge rate or the minimum payment, will be given in writing and will become effective not less than four weeks after being given.

7. We reserve the right to levy an administration charge at our discretion for generating arreas reminders and hanling dishounoured cheques.

ORDERS

The Next Directory reserve the right to reject any order

A99 00264

---

I am not sure what I should write back and say

Miss_Marple_2

I am far from an expert in these things, as I am just going through the process myself, but the advise on here when an unsigned CCA is sent is that it quite often means that they have no signed CCA ( although this is not a certainty)

They do not have to send you a signed copy - but the copy they do send must be the terms in place at the time that the account was opened.

So, what I did in your situation was tell them that they were in default as they had not given me a copy that was in place at the time my account was opened ( not sure if that is the case with yours, but it definitely was with mine as they had the £12 charge for late payments in the terms, yet the list of transactions on my account that they sent was clearly showing charges prior to 2006 as higher than £12)

I also called their bluff and assumed no signed CCA - so I sent a letter that said as they had no signed CCA. they had no authority under the data protection laws to share any information about me with any credit reference agencies and so could not register any non-payment or default against me - I have asked them to confirm that in writing

I am still waiting for a reply to that one - but as they have already agreed that they have no signed CCA, I think I am OK.

Having said that, I will be paying it back, but after I took off PPI & charges, my £800 balance became £25, so I will be offereing them that, and see how I get on.

Good luck with your journey with Next !

GeorgeUK

I agree with Miss Marple. The document must have certain terms on it and one of those is your name and address. Otherwise how do you know if this is your credit agreement or not? They are allowed to omit the signatures, but it should still identify you as the account holder.

Send the 12+2 day letter.

wherestheend

Thanks I have sent them the default letter to see what comes back from that.

I have also got a letter back from link re MBNA saying they have purchased the debt from MBNA but have not got the CCA so they have requested it from MBNA will take another 30 days.

I am trying to avoid bankruptcy as I got a lot of debts from a business I had that went under last year (personal gaurantees) so if I can clear a few of the debts this way I might have a fighting chance. IVA refused dividend to low.

Thanks again

wherestheend

Hi All

Need some more help please, I have sent the account in dispute letter to next as they have not sent me a copy of the CCA and they are still calling me at work and at home from 8am to 8pm. Can anybody advise what I should do next I have told them on the phone the account is in dispute and they then phone back an hour later.

Thanks

RAS

Naughty naughty.

Phone letter coming up.

RAS

One we made earlier

This is one example posted by fermi

Remind tham that the debt is in dispute and they are contravening the act.

regsitered post

Harassment by telephone


Quote:

Your Street
Town
City
Postcode
DATE HERE

Company Name
Road
Town
City / County
Postcode


Dear Sirs,

Harassment by telephone

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,


(type don't sign)

wherestheend

Thanks for that I will send it today

chesterboo

Hi

I was wondering whether you had got anywhere with this yet.

I am in the same situation, I've just joined MSE to try and get some advice.

I spoke to Next asking for a copy of my signed CCA and like most people just received a photo copy dated 1995.

I have advise that I am going on a DMP, however, they keep sending me letters asking for more money than I can afford, saying that if I do not meet their terms that my outstanding amount will transfer to an external debt collection agency.

Help, what should I do - do they not read letters or listen to customers???

My debt is £935.78.

Please help.