Cca - Next Directory

chesterboo

Sorry about that, I'm just getting to grips with this.

Hi

I was wondering whether anyne 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 of their Credit Agreement 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.

Misty_Blue

Someone who knows for sure will be along to advise, but I have a feeling that catalogues are exempt from the signed CCA thing somehow.

However, they cannot get blood out of a stone, and if you don't have the money to pay them, then you don't have it. They do generally try this on and try and scare people into paying larger amounts, but stick to your guns - if you go to the CAB they'll take you through a list of your expenditure, work out what you have left to put towards debts, and then contact the companies on your behalf. They did this for me, and suddenly the companies accepted my token payments, when they'd kept refusing before.

RAS

Misty_Blue wrote: »

Someone who knows for sure will be along to advise, but I have a feeling that catalogues are exempt from the signed CCA thing somehow.

No they are included. it is bank accounts and OD that are outwith.

Merlinexcalibur

exempt from the signed CCA thing somehow.

Nope, they are not exempt. Far from it. CCA covers catalogue debts especially Nexts, Littlewoods or anyone of them TBH. You are receiving goods on credit so, therefore, comes under CCA. Just thought to mention that. And it in no way unobligates them from that request, either.

chesterboo

So what should I do about it? I also have a debt with Littlewoods too but haven't approached them for a copy of a signed CCA.

(Thanks alot for your help)

RAS

Ca you scan and post it up?

Merlinexcalibur

Well, as you seem to have a debt with Littlewoods now as well after I mentioned them ... What did you do to request your CCA off Next? You say you 'spoke to them'. Did you do anything else. It's unusual for them to just send one for example without this letter below:

Dear Sirs

Reference No:

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

1) Do not sign this letter
2) Enclose a postal order not a cheque; see 1 for reason why
3) Send by recorded delivery to obtain proof of sending
4) Await reply, do not contact the creditor until they have complied and do not answer any phone calls, as they are meant to cease collection until they have complied with your request; however, most ignore that and will continue to contact you
5) See 4 but also if they know they will not have a CCA they will employ various stalling tactics normally including a reduction in the debt and other little things to watch out for.

All of the above may also be useful for others BTW not just you as the OP.

chesterboo

Here goes:
NEXT;0]
Customer Services Department
PC Box 400
Leeds L52 8RZ
[FONT=Helvetica, sans-serif]U05111i [/FONT][FONT=Helvetica, sans-serif]- [/FONT]
[FONT=Helvetica, sans-serif]31st [/FONT]January [FONT=Helvetica, sans-serif]199 [/FONT]
DEARt smr,N- [FONT=Helvetica, sans-serif]- [/FONT]
CREDIT AGREEMENT REGULATED
BY THE CONSUMER CREDIT ACT 1974.
TERMS
1. This agreement covers the purchase by the Customer of goods from The Next Directory.
2. No formal credit limit is applied.
3 Payments under the agreement shall be every four weeks. Assuming you do not, make early repayment or any, further purchases, payments will be at the rate of one twelfth of the total purchase price, plus one twelfth of our estimate of the total service charge payable or, if le’ss, the outstanding balance on your account. There is aminimum payment of £10.00. Terms will be re-calculated whenever further goods are added to the accounts 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 Customer every four weeks, and payment should be made [FONT=Helvetica, sans-serif]within [/FONT]21 days of the Statement date.
5.” ‘sèrvicè ch’aiè’ 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. Nqtice 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 arrears reminders and handlin dishonoured cheques [FONT=Helvetica, sans-serif]- [/FONT]
ORDERS
The Next Directory reserve the right to reject any order.
A99 00264
Qua1ity & Design

Merlinexcalibur

Well, even I can see that's in no way an enforceable CCA.

chesterboo

I tried scanning it into word, not very successful I'm afraid, but at least you can get the gist of it.