Next Defaulted £40 - now trying to fob me off

nottoolate

that is the problem with just copying a template off a website that you dont really understand and just sending it.

your not the first and wont be the last to do it.;)


but if in doubt ask on the forum first. that is what its here for.

nottoolate

KSM1 wrote: »

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

hard to say. they have all but admitted they were wrong so perhaps they wont fight hard? if you get nowhere and complain to the fos thatll cost them £400 in fees for the fos to deal with the complaint. so maybe that will help persuade them

give_them_FA

Well, I hold my hand up to you nottoolate, and soph, I have just been reading the same regulations. Certainly the delivery cost cannot be charged. But you are right, the return cost depends upon the terms under which the item was supplied, with the proviso that if a charge is to be made for the return carriage it must be actual cost only, not any profit. I live and learn!

KSM, you need to look and see what arrangement was made by Next in the contractual terms in case you return items. I haven't used many catalogues but I understand that it's fairly normal for the catalogue company not to charge for returns? If the £40 was a delivery charge then it should have been cancelled along with the purchase price. The supplier can only require the consumer to bear the cost of return if specifically stated in the T & C. Otherwise they can't. Over to you KSM.

nottoolate

next seem to?

http://www.next.co.uk/wintc.asp?Flg=1#top

KSM1

Sorry guys, i got disheartened but after just looking at my credit report (10 months later) i am back in the fight.. This is what i am sending now

Thank you for sending me the credit agreement, however as per my request (letter dated 29/01/12) I would like the signed true and certified copy of the original default notice – as I was unaware that a default was going to be issued.

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

Yours faithfully

chanz4

they only have to have a record of sending, the ombudsman would confirm this also.

KSM1

chanz4 wrote: »

they only have to have a record of sending, the ombudsman would confirm this also.

Like a receipt of sending? Or like a signed conformation from myself?

somethingcorporate

Well a signed confirmation from yourself would be a record of receiving, not of sending.

Although I think they'd need to prove delivery/receipt but happy to be proven otherwise.

KSM1

somethingcorporate wrote: »

Well a signed confirmation from yourself would be a record of receiving, not of sending.

Although I think they'd need to prove delivery/receipt but happy to be proven otherwise.

Thats okay because i have no recollection of them sending a letter for the payment let alone a default letter.

[Deleted User]

I don't offer any further information, but I have just managed to win my case against Next using the FOS Service.

All negative data removed and £50.00 compensation, oh and a £20 next giftcard.

Not a great deal, but it demonstrated that the manager of customer services was very very useless. :T Oh and the people that write back when you send in your letters they don't know there top from bottom. :cool: