Next Defaulted £40 - now trying to fob me off

nottoolate

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange#goods

"You'll also usually be asked to pay for return delivery, unless the seller doesn't say this in its T&Cs, or the goods were faulty."

KSM1

give_them_FA wrote: »

No, Soph, I have checked. The cost of transporting the goods forms an integral part of the contract which the consumer is able to cancel without giving a reason. That can't be overridden. What often happens is that suppliers don't like paying the delivery costs on abortive sales and try to make the consumer do it.

I know because I once sued a company that refused to accept my claim for return postage on an item and got my money.

In short the regulations envisage that the consumer should not be out of pocket at all over a distance sale.

So does this mean that this default is invalid as the charge was invalid?

Should I contact them saying under the Distance Selling Regulations, if an item is returned, the consumer is not liable for the postage charges therefore the charge should have been made and wouldn't have escalated to a default?

give_them_FA

I will check more carefully and come back. Normally consumer rights cannot be removed by contract, cf. Sale of Goods Act, but if I'm wrong I will hold my hand up guys.

KSM1

nottoolate wrote: »

"You'll also usually be asked to pay for return delivery, unless the seller doesn't say this in its T&Cs, or the goods were faulty."

Oh right, disregard my last post

nottoolate

OFT A short guide for business on distance selling



Returning goods

Only if it is covered in the contract and the written information
can you require the consumer to pay for the cost of returning
the ordered goods. If the consumer then fails to return the
goods, or sends them at your expense, you can charge them
the direct cost to you of the return, even if you have already
refunded the consumer’s money. You are not allowed to
make any further charges, such as a restocking charge or an
administration charge.

If you do not include these details in the required written
information then you cannot charge anything. You can never
require consumers to pay the cost of returning substitute
goods.

If the goods are faulty or do not comply with the
contract, you will have to pay for their return whatever the
circumstances.

KSM1

Could someone tell me if a Credit Agreement is the same thing as a Default notice.

I was under the impression that a company must provide a default notice before issuing a default. if a company cannot provide evidence that a default notice was issued then the default can eb removed.

As my original post indicates all i got after sending a letter was a true copy of the credit agreement when i specifically asked for evidence of a default notice? Or am i wrong?

nottoolate

ksm1 you need to focus on wether you were made aware of the charge and given a chance to pay it. if not then the default is unfair.

looks like next have admitted they made a mistake. waiving the fee suggests they know they were wrong. you just need to push them further to take off the default.

KSM1

I was not given any notice to pay. I did not even know they defaulted it until i checked my experian account.

How shall i go about pushing them? Because i tried in the letter (in the original post) and they just sent a true copy of the agreement, and said the judge is happy (not sure what they meant)

s16.postimage.org/kvwmfj9tx/IMG_1970.jpg << look at this copy and paste it in your browser .

nottoolate

because you included a whole load of useless stuff in your letter requesting credit agreements and other such irrelevancies which they responded to instead of addressing the real issue.

something like this wouldve been better

Date:

Customer Number – ***

Dear ***

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I do not have a recollection of ever receiving the legally required warming that such a notice would be registered, and when I phoned yourselves you admitted that no such warning had been sent.

You then sent me a letter stating that the balance has been paid in full and the charges were waived.

I therefore require you to remove the incorrectly registered default from my credit files within 28 days.


Failure to do so may lead to this matter being referred to the information commissioner and financial ombudsman for redress and compensation.

Yours faithfully

KSM1

Oh crap, i sent that because i just copied it from a website and edited it. I'll send something that closet matches what you've wrote and edit it to include that "maybe i wasn't clear in my previous letter dated****"

Thank you, but what do you thing? Hopeful or not of my chances??