Next and response to CCA request

flo5

Hi

Wonder if anyone can help please, after looking through the forum and sending off a cca request to NEXT they have sent a reply that I do not understand and am unsure as what to (sorry it is long):

"We have previously supplied you with or please find enclosed a true copy of the credit agreement (They enclosed a copy of a credit agreement but it does not have any of my personal details and is not signed by me)
We are satisfied that this meeets with our 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 the credit agreement upon request. For the purpose of Section 78 a True Copy need not be an exact copy or photocopy as long as it contains every material provision of the agreeement signed. This means that it does not have to have non-statutory information which was included for the creditor's own benefit or signature boxes. Therefore NEXT are not required to provide you with a signed copy of the agreement and this is made clear in Section3 (2) of the Consumer (Cancellation Notices and Copies of 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 nor order and/or receive the goods delivered NEXT will continue to seek payment of the balance of £206.04 owed by you. It is noted that you have neither denied ordering or receving 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 payments to clear the balance will enable the credit files to show as satisfied."

I made the request on 14th April this letter was dated 1st May and was received today.

It is all double dutch to me so any help most welcome

GeorgeUK

They are only partially correct in what they have said.

They are not required to provide a photocopy of the original, but a 'True copy'. This means it can be a reproduction of the original without signatures (as long as the information is copied from the original). They are required to have your personal details on the document though (name, address) - otherwise it could be anybodies.

I would send the 12+2 day letter and make sure it includes something about section 10 of the Data Protection Act. This prohibits them from sharing your information with a 3rd party without your consent. They will probably ignore this and issue the default, but there's not much else you can do to get it removed as they without a fight.