Next Plc Problems

suzy83

Hi, Sorry if i have posted in the wrong section. Please direct me to the correct section.

I have a complaint with Next PLC, and issued them with a CCA due to data that they have suppied CRA with a default.

I have received a response from them today and im not sure what i need to do next.

I have posted links to the info they have supplied with with.

This link is the copy of the agreement, but unsigned

http://i945.photobucket.com/albums/ad292/suzyb83/Copyofmyagreementthatisunsigned.jpg

This is the default notice that they said they issued me with. In my eyes this is not a default notice

http://i945.photobucket.com/albums/ad292/suzyb83/Defaultnoticethatisunsatisfactory1.jpg


If anyone can help me with this it will be much appreciated.

suzy83

bump! any help with be much appreciated

AMBERSHADOW

I ma sure it has to be the copy of what you have signed in the first place But I am sure someone with experience will be able to help more

maxinelouise

it does,nt look like a default notice to me,
it looks like a notice of sum in arrears..... does it say that anywhere on it,
i,m no wizz at all this stuff,can anyone else help.
thanks

suzy83

AMBERSHADOW wrote: »

I ma sure it has to be the copy of what you have signed in the first place But I am sure someone with experience will be able to help more

The copy of the signed agreement hasn't got my details on nore my signiture. It also noticed at the bottom it says " to sign and return that document to be legally bound by the terms" If i have not signed the agreement can they by law record a default as the agreement in unenforeable by law???

My situation at the time was, I went through a horrible relationship breakdown and my ex left me in debt. I had to pay all the bills myself and with the advice from C.A.B. They told me to write to Next offering lower payments of £10 until my circumstances improved. I had to make sure my priorty bills were paid and the most i could offer was £10. Next would not accept this and said i had to pay £61 or my debt was transferred to DCA. Next were pritty unreasonable! I sent them a copy of my income and outgoing but yet they still wanted £61 from me.

The debt has been repaid in full and this was once my circumstances improved.

I have received a default notice other than the one attached to my first post. I woluld like to know if this is a valid default notice and if it has been served correctly.

Many thanks in advance for helping me. I am in abit of a emotional upset as its causing me substantail damage to my credit file.

suzy83

With some advice off another forum they have suggested that i send the this letter. Could anyone have a read and advise its ok for me to send???






01st July 2009

Next Directory
Customer Relations
Gedding Road
Leicester
LE5 5WD


ACCOUNT IN DISPUTE


Ref: ***********

Dear Ms Ann Moss

Thank you for your letter of 26th June 2009, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On 25th June 2009, I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with my request.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide me with a valid default notice documentation as requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.
I reserve the right to report your actions to any such regulatory authorities as I see fit.
You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now far past the initial complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

GeorgeUK

That first letter is definately not a default notice. They are just stating some things they MAY do. And i MAY win the lottery if i bought a ticket too.

I would pretty much go with anything the consumeractiongroup said. I get alot of info from them too.

Although undersection 77/78 of the CCA74 a 'true copy' of the agreement doesn't need to be signed, it is still required that it be a copy of a properly executed CCA. This means it should have the required terms on it which the copy they sent you does not - this is a brand new agreement which you definately shouldn't sign.

Basically when you sign a credit agreement, you are also giving them permission to share your details with a 3rd party (the CRA's). As they cannot provide a properly executed CCA then they do not have your permission - which means that the default should never have been issued.

I would have thought that this letter related more to the CCA not being a true copy rather than them being required to remove the default - it looks like one of their standard template letters. I'm just a little puzzled as the account isn't in dispute - you said it had been paid off in full. It is just their right to process your data and pass it to a 3rd party after receiving something that definately isn't a default notice.

I would have hoped that they would have gone into a little more detail on the legalities of the default.

suzy83

GeorgeUK wrote: »

That first letter is definately not a default notice. They are just stating some things they MAY do. And i MAY win the lottery if i bought a ticket too.

I would pretty much go with anything the consumeractiongroup said. I get alot of info from them too.

Although undersection 77/78 of the CCA74 a 'true copy' of the agreement doesn't need to be signed, it is still required that it be a copy of a properly executed CCA. This means it should have the required terms on it which the copy they sent you does not - this is a brand new agreement which you definately shouldn't sign.

Basically when you sign a credit agreement, you are also giving them permission to share your details with a 3rd party (the CRA's). As they cannot provide a properly executed CCA then they do not have your permission - which means that the default should never have been issued.

I would have thought that this letter related more to the CCA not being a true copy rather than them being required to remove the default - it looks like one of their standard template letters. I'm just a little puzzled as the account isn't in dispute - you said it had been paid off in full. It is just their right to process your data and pass it to a 3rd party after receiving something that definately isn't a default notice.

I would have hoped that they would have gone into a little more detail on the legalities of the default.

Hi GeorgeUK,

The debt was paid in full in 2007, however, after getting my credit report last year i noticed Next had recorded a default against me. When Next would not accept my token payment of £10 they transferred my debt to a DCA. I never received a default notice other than the one in my first post.

I have ask Next to remove the default but they are not willing to do so. Is there any othere letter that i can use??

GeorgeUK

There is a thread on the CAB forum where someone is taking 3 banks to court over unlawful defaults. They're not issuing the letters right now until it's ettled, but definately one you should keep an eye on.

I guess the letter does cover most of the points so you may as well send that one. Not sure if they are required to provide a CCA for a closed account however. Might be worth asking about that on the CAG board too. Hopefully someone with more knowledge of defaults will be able to advise, but for now i'd go with that letter. Does it state anywhere that you did not receive a default notice?

suzy83

GeorgeUK wrote: »

There is a thread on the CAB forum where someone is taking 3 banks to court over unlawful defaults. They're not issuing the letters right now until it's ettled, but definately one you should keep an eye on.

I guess the letter does cover most of the points so you may as well send that one. Not sure if they are required to provide a CCA for a closed account however. Might be worth asking about that on the CAG board too. Hopefully someone with more knowledge of defaults will be able to advise, but for now i'd go with that letter. Does it state anywhere that you did not receive a default notice?

Thanks again for your post.

I have just amended some of the sentences to reflect that they haven't issued me with the correct default notice under section 80 of the consumer credit act.

Can you think of anything else to put what you think may help???

GeorgeUK

Can't think of anything else.

Did CAG (oops, not CAB) say whether they thought that was a valid default notice or not?

Came across this thread that may be worth perusing.
http://www.consumeractiongroup.co.uk/forum/legal-issues/176990-legal-default-notice.html

Edit: Was there a date on the letter to show when it was originally sent?