Next Default

SmudgeUK

After cleaning up my Credit files, and getting DEBT FREE!!!!

I finally working on my last adverse data entry......

Which involves a next catalogue account, which was passed onto Cabot, I never recieved a default notice for this, and Cabot said they didnt have one and requested one of next, and they didnt have one.

Anyway to cut a long story short, after debating legal action, and talking to the CRA's and other places have finally recieved a default notice from next, despite them informing me they only keep a computer note of when a default was issued.......any way below is a copy of the default notice, which they say are within prescribed terms.

My Points are as follows, can this be in prescribed term if you look at the date it is a open date in october 2006, now this could be the 1st of october or the 31st October, now if it is the 31st then with posting etc how can i have 14 days to recitfy the situation assuming that i recieved the said notice in the first place.

What are your thoughts, do i just leave it, or fight it, it will drop off in late 2012, but in the meantime this is the only adverse data thati stopping me from getting a vanquish card, or capital one card.

niccatw

I imagine the default would have been placed mid November as they gave you until 14th Novemebr to pay.

With regards to fighting it, I couldn't really say as I've not had experience of this. However, the chances of them agreeing to remove the default are very slim therefore it is likely that it'll remain on your credit file until late 2012 anyway.

Good luck in whatever you decide to do.

And maybe I'll have bumped this up so those more knowledgable than me might be able to help.

PNPSUKNET

I tried to fight myn a year back with the fos,next got away with it as they have a computer generated note saying sent

SmudgeUK

whats annoying is the fact i know i never recieved this default, and all the times i asked they both them and cabot said they didnt have one, then all of a sudden they produce one.

Well at least its paid and showing satisfied, will just haveto go without credit till it drops off, supose thats not a bad thing

SmudgeUK

Well, Just been informed by a member of CAG, that this is no way a default notice, and none of the prescribed terms for a default notice is enclosed within what Next Legal Department says is a legal default notice.

So with their help have now sent a formal letter of complaint, and also formal complaint to the ICO, will keep people updated on further developments

PNPSUKNET

let us all know,

SmudgeUK

Dont worry will keep you updated, am just tweaking a letter to explain about defective default notices and prescribed terms, shame there isnt a template letter, lol

SmudgeUK

well after the "default notice" and the letter sent to say they enclosed the said notice, have recieved an email from the legal department today saying:

I have now had the opportunity to review the correspondence relating to your complaint and in particular have reviewed the legal basis on which your debt has been recorded with the credit reference agencies.

You believe that we should remove the default recoded against you as we have not been able to provide an exact copy of the Notice of Default that was supplied to you and that the initial notice supplied did not comply with the requirements set out under the Consumer Credit Act. I disagree with your assertion as to the contents of the notice however this is not a relevent consideration in the recording of the debt with a credit reference agency. Sections 87 and 88 apply where certain enforcement action is to be taken. This expressly does not include recording a default with a credit reference agency. The High Court has ruled that recording a debt with a credit reference agency does not amount to enforcement action.

The relevent provisions are contained in the guidance given by the Office of the Information Commissioner on the recording of defaults by lenders, in particular sections 32 and 33. They state that it is strongly recommended that a" notice of intention to record a default" be served before a default is recorded with the credit reference agency. This notice of intention is explicitly not required to be a formal notice under section 87 of the Consumer Credit Act. Any defect with regard to a notice in terms that legislation can have no bearing on whether it was legitimate to record the default. The form and content of the Default notice would be a point of argument were the matter of enforcement to be debated in court on a claim for enforcement. It is not.

The position of the Information Commissioner is that the customer be put on notice of the lenders intention to record a default. This has occurred in this case therefore we remain of the view that we have legitimately recorded the fact that you have not paid us.

Please be advised that this is our final response in this matter. Should you wish to pursue the matter through the regulatory authorities that is entirely your prerogative

So Next now going back on their written word by saying that the original image was my default, by saying it is now a "Initial Notice"

And if so if they sent a Initial Notice in October 2006, giving me 14 days to recitfy, then how come they also issued the Default Notice, virtually at the same time, according to their records, therefore not even letting me recitfy he Initial Notice?

Any Thoughts on the next move much appreciated.

niccatw

Yikes, talk about confusing folks with jargon!

I'm afraid I'm not sure on thenext best course of action. Maybe CAB can give more advice?