next default - please help

spongebobfancypants

hi please help or advise,
got into some trouble with next last year, account was passed to dca. I settled within a month or so.
next sent me the below letter, please read and give me your thoughts as to its meaning.

DEBT COLLECTION DEPARTMENT

MY NAME
MY ADDRESS

CUSTOMER NO
CURRENT BALANCE
REQUIRED PAYMENT
PAYMENT DUE BY


DEAR XXXXXXXXXXXXX

Your account is now seriously in arrears. A payment of no less than £xxx must be made by xxxxxx if you are to prevent your account automatically transferring to a debt collection agency

call our credit card hotmail on xxxxxxxxxxxxxxxxxxxxxxx

Failure to respond to this letter may result in:

1. Additional cost being added to your debt
2. A default will be registered with our credit refernce agency which will effect your ability to gain credit for up to 6 years
3. A collector calling at your home
4. A summoms being issued against you for the total outstanding balance
5. You will no longer to able to trade with Next Directory

yours sincerly



collections department.


Next are now stating that this letter acted as an offical default notice. However it is very vague! It says the following MAY happen, not will happen!
There resonce to my concerns was:
"The Default Notice that we sent complied with the applicable legislation, and contained all the implications that may result if we didn't receive a response to it."

The letter is not headed as a default notice, and I have also researched this matter and found the following statement

In the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993 it states that:

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section
87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section
88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

Therefore it follows that if it doesn't include that statement it isn't doesn't comply with the law regarding default notices.


Please could you advise as to my position on this matter. I am pushing to have the default removed from my file, I settled as soon as I could and If I had know that the letter they sent me was an Official default notice I would of done all in my power to settle within the timescale to avoid a default on my file!

thanks for your help
:beer:

Geebee

spongebobfancypants wrote: »

hi please help or advise,
got into some trouble with next last year, account was passed to dca. I settled within a month or so.
next sent me the below letter, please read and give me your thoughts as to its meaning.

DEBT COLLECTION DEPARTMENT

MY NAME
MY ADDRESS

CUSTOMER NO
CURRENT BALANCE
REQUIRED PAYMENT
PAYMENT DUE BY


DEAR XXXXXXXXXXXXX

Your account is now seriously in arrears. A payment of no less than £xxx must be made by xxxxxx if you are to prevent your account automatically transferring to a debt collection agency

call our credit card hotmail on xxxxxxxxxxxxxxxxxxxxxxx

Failure to respond to this letter will result in:

1. Additional cost being added to your debt
2. A default will be registered with our credit refernce agency which will effect your ability to gain credit for up to 6 years
3. A collector calling at your home
4. A summoms being issued against you for the total outstanding balance
5. You will no longer to able to trade with Next Directory

yours sincerly



collections department.


Next are now stating that this letter acted as an offical default notice. However it is very vague! It says the following MAY happen, not will happen!
There resonce to my concerns was:
"The Default Notice that we sent complied with the applicable legislation, and contained all the implications that may result if we didn't receive a response to it."

The letter is not headed as a default notice, and I have also researched this matter and found the following statement

In the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1993 it states that:

(2) Any notice to be given by a creditor or owner in relation to a regulated agreement to a debtor or hirer under section
87(1) of the Act (which relates to the necessity to serve a default notice on the debtor or hirer in accordance with section
88 before taking certain action by reason of any breach of the agreement by the debtor or hirer) shall contain--

(a) a statement that the notice is a default notice served under section 87(1) of the Consumer Credit Act 1974;

Therefore it follows that if it doesn't include that statement it isn't doesn't comply with the law regarding default notices.


Please could you advise as to my position on this matter. I am pushing to have the default removed from my file, I settled as soon as I could and If I had know that the letter they sent me was an Official default notice I would of done all in my power to settle within the timescale to avoid a default on my file!

thanks for your help
:beer:

Hi spongebob

If you have accurately copied the letter that they sent to you, it doesn't say MAY, it says WILL.
I have no knowledge of these matters so hopefully someone will be able to help you, but that is my initial thought on the letter.

GB

spongebobfancypants

thanks fot highlighting that!! lol
have just checked, it is worded................FAILURE TO RESPOND TO THIS LETTER MAY RESULT IN
will amend my orginal post

Thanks!

never-in-doubt

If you're settled the arrears/debt within a month then the default notice would be void, cos the account is settled prior to DN being issued, right? or no?

The letter you refer to is a noticie of intended default, like a termination letter. You would have been served a default notice 14 days later than this letter..... what you're saying makes no sense if you settled within a month or so - I assume you spoke to them prior to settlement?

spongebobfancypants

is was longer than a month before i managed to settle, they passed the account to a dca after no response from the letter i posted! however, if it was clear that they were going to default me then I would of done my best to settle before

spongebobfancypants

also, i never recieved any other letter after this one warning of intended default

never-in-doubt

spongebobfancypants wrote: »

also, i never recieved any other letter after this one warning of intended default

Ok simples

Sent this to the DCA first: Request copy of Default Notice - Formal Demand

Then see what comes back, before sending this to the CRA's: Default Removal Letter to CRA's


If both fail then you should report to the OFt and ICO.

spongebobfancypants

thanks, will do

spongebobfancypants

thanks for your help!
:beer: