Next Plc Problems

suzy83

GeorgeUK wrote: »

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?

CAG advised that it was not a valid default notice.

OMG!!!! ive just checked the date of the default letter and it says 29th June 2009!!!!!!! they have co*cked up big time??? They have sent me a copy of the letter but put 29th June 2009 on it.

GeorgeUK

I think because it is stamped as being a copy they may be able to put that on a copy of the default notice - I would have liked to see what the original said though.

If it was a proper default notice, they wouldn't have put "Failure to respond to this letter may result in" a default being registered.
They are stating this is a letter, not a notice and also they would not have put MAY result in. The notice would have been more direct and stated WILL result in.

You could probably say in the letter that the notice was not in the prescribed form but as you didn't actually receive a notice, just a letter stating that the debt may be passed to a DCA with the following affacts, adding that may just confuse the matter.

suzy83

GeorgeUK wrote: »

I think because it is stamped as being a copy they may be able to put that on a copy of the default notice - I would have liked to see what the original said though.

If it was a proper default notice, they wouldn't have put "Failure to respond to this letter may result in" a default being registered.
They are stating this is a letter, not a notice and also they would not have put MAY result in. The notice would have been more direct and stated WILL result in.

You could probably say in the letter that the notice was not in the prescribed form but as you didn't actually receive a notice, just a letter stating that the debt may be passed to a DCA with the following affacts, adding that may just confuse the matter.

I totally agree with you, they have stated "Failure to respond to this letter may result in" a default being registered.

Where i work under the DPA if policyholder require copies of letters then we are unable to send with the present date. The system will not allow us to do so, so we have to print off the letter and attached to a letter dated of the present date and send with that. I think they have never issued me with this letter and therefore forget to change the date.

I have sent the letter to them via email so i'll keep you posted. Thank you ever so much for your help tonight.

GeorgeUK

Good luck.

I'd keep the CAG appraised of any response too. They should be able to tell you what's buffalo manure and what replies to make.

suzy83

Bump....... :-)

suzy83

Hi, I have a further update for you.

After reviewing the invalid default notice again, i have discovered that the date on the letter is the 29th June 2009. The account went into default on the 21st July 2006.

If you look at the arrears letter again the letter requests me to make payment by the 21st July 2006, but the letter is dated 28th June 2009.

Furthermore, when Next Plc sent me this copy of the supposed default notice they send it with a letter that dated 26th June 2009!!!

Either its me seeing things but i think Next have messed up big time. I dont think they ever sent me this notice and i think they have typed this out making me think it was, however, they have forgot to change the date!!

I have spoke to the FOS and CCC today and they told me that i do have a case and if Next have messed up then it will result in a £50,000.00 fine and having their licence taken away from them. I bloody well hope so!

Will keep you all posted


After speaking with the CCC and the FOS today

suzy83

Update!

I have received letter today from Next and they have advised that there position remains unchanged.

This is what they have said.....

I can advise that the default notice was reproduced copy containing the information supplied in the original document. Regrettable, we have made an administration error with the date, which should have been entered as 28th June 2006. I am sorry for this error, but i can assure you that we have not acted fraudulently. The document was clearly marked as being a copy, and we did not claim it was a photocopy of the orignial document.

I note that you claim you were never issued with a default notice, however, a default notice was sent. As far as we are aware, there is no requirement in the Consumer Credit Act to provide you a copy of the default notice. Next systems can demonstrate that a default notice was sent, and we are not required to provide proof of delivery.


Can anyone tell me where i stand. The matter is really stressing me out. Does next have to provide me with a valid default notice?

GeorgeUK

Under the CCA they don't need to issue you with a default notice, but if you send a subject access request, this falls under the Data Protection Act and they DO need to send a photocopy of the original.

Not got a working computer at home now and busy at work so sorry if this is a bit late or not much info. There is a subject access request (SAA - cost £10) template letter on the board somewhere - it lists between 10-13 items that you require from them. They will have 40 days to comply. Just don't make it seem like the only thing you are interested in is the default notice.