Next Defaulted £40 - now trying to fob me off

Jinx

Great news!! Bet you're chuffed to bits

KSM1

assj wrote: »

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:

Awesome!! Quick q: What was your situation and how did FOS service help? Oh and did it cost anything?

fermi

FOS complaints --> http://www.financial-ombudsman.org.uk/consumer/complaints.htm

It is FREE for you.

If NEXT don't sort out your complaint and the FOS have to look at it, then it will costs Next £500 in cases fees to the FOS, regardless of the outcome of the complaint.

So worthwhile getting on with that.

KSM1

Okay, I have emailed the FOS.. with this:

Dear Financial Ombudsman,

I am writing to you as I cannot get Next Directory to resolve my situation. Basically I purchased an item from Next Directorys' online store on the 22nd of August 2010, which on arrival I promptly decided that this was item was not suitable. So then I phoned Next Directory and explained that the item was not fit for my purpose to which they arranged a return date and a collection.

Then I thought that was the end of that.

However a few of months later I signed up to a credit check company (Experian) to view my credit report and to my surprise there was a default on my account from Next plc. So I immediately phoned Next and explained to them that there a default on my account to which they stated that I was charged £30 for the return of my item, to which I said I was not made aware of the charge, not even by a letter or over the phone. The lady over the phone said sorry that I wasn't made aware, however it was passed to a debt recovery agency, and if I wanted to know more i'd have to contact them.

So I contacted them (sorry I forget which agency it was) and they explained to me that they had no record of it. So I rang Next back up and I asked them for a contact as I wanted to write to them via post. The details I obtained were:

Next Directory
Debt Collection Department
PO Box 3000
Sheffield
B97 3EU

So I sent "Letter 1 - Next" (see attachments) stating I would like to see a notice of the default, as I read they had to supply one by law before issuing a default, however Next replied with that they didn't have to supply a notice of the default and sent the credit agreement instead.

Then it all went silent as I did not know what to do, after reading on the online forums, I sent "Letter 2 -Next" to which I still haven't had a reply. I am unsure of what to do now and I really hope you can help.

Thank you for reading this and please do not hesitate to contact me using methods below.

Does anyone know how long i wait till a reply?

KSM1

Hi all, I've just had this email from Next.

In summary it states that they're sorry that i wasn't made aware of the charge/debt, but since i've paid it (via debt recovery company) i have accepted liability.. if this the case?

Not sure what to reply as i paid the debt with moorcroft because they kept sending letters and just paid it to get rid of them... should i just say that?
Here's the email

Thank you for taking the time and trouble to write to Jayne Oddy. Jayne has asked me to look into things and reply on her behalf. But of course, I'll make sure she's kept fully updated.

I'm sorry to hear that a default was registered against your credit file for your Next Directory account. I can understand how concerning this must have been, especially as you had returned the bedstead that you originally ordered, and weren't aware of any other charges.

It's also disappointing that you didn't receive a response to your previous letter. And I can imagine this must have only made matters worse. Outstanding service is a cornerstone of our business, but it's clear we've let you down on this occasion. And I'd like to assure you that details of your experience have already been passed to our Call Centre Manager to ensure this isn't repeated.

Having looked into things I can see that a collection charge of £30 was applied to your first statement (sent to you on 9 September 2010) and was also shown on subsequent statements until the account was passed to Moorcroft Debt Recovery.

When you placed the order you should have been advised that if it was returned, but wasn't faulty, there would be a charge for the collection. And you should have also been told this at the time you contacted us to arrange to have it collected. But I'm sorry if this wasn't the case.

Having said that you would have seen the charge on your monthly statements, and had the opportunity to query this with us at the time, before it went to debt.

I can see that the default was paid in full in January 2011, and is now showing as satisfied. By paying the default you have accepted liability and I am therefore unable to remove this information from your credit file. We would always advise customers to contact us if they disagree with their statement within a reasonable time of it being sent out.

I understand this isn't the answer you wanted to hear, but would like to thank you for giving us the opportunity to look into this for you. Please don't hesitate to contact us again if there's anything else you'd like to discuss.

With kind regards

KSM1

(Text removed by MSE Forum Team)

I was wondering that if you pay a default does it make you liable that you were aware of it?

Even if you paid it off via debt recovery agency and only paid it off to stop letters.

as stated here

I can see that the default was paid in full in January 2011, and is now showing as satisfied. By paying the default you have accepted liability and I am therefore unable to remove this information from your credit file. We would always advise customers to contact us if they disagree with their statement within a reasonable time of it being sent out.

KSM1

Anyone got any clarification on this?

happy_bunny_2

Not sure, but I would let the FOS take a look and decide. Doubt Next will do anything unless told to.

ScotGuern

Hi I`m also new to writting here although followed MSE for a wee while. Now I wonder if anyone can help on this issue I`m currently having with Necxt Directory. Firstly I live on Guernsey (non EU non VAT liable) I ordered goods from Next Directory as I have done many times online,As the item is failry expensive an X Box package I had looked around and decided as it SHOULD be VAT free I could afford a more expensive package. When I enquired about the VAT during a security check call I was lead to believe it was refunded, however a letter a few days later stated I quote"We can confirm that Next operates a standard product pricing policy in the UK and the Channel Islands, meaning that customers are charged the same prices irrespctive of where they live. Prices are the same across our retail stores and the Next Directory, including internet orders. " The letter goes on stating this is important for sake of fairness and because goods can be returned to stores. It then goes on to state due to increased delivery and operating costs in the Channel Islands they retain VAT as recompense for increased delivery costs,However I am now in the position of being charged £94.00 for the delivery of two items whichI possibly could have flown to the UK and bought in a store and still not have spent £94.00. My main bugbear is that Next has now admitted that they retain money supposedly for VAT but then admitted itrs for "freight charges" It states now where in their terms and conditions any of this I wonder is there anyone who can do anything about this, I have contacted Guernsey Citizens Advice Guernsey Trading Standards, Guernsey Border Agency (Tax and Revenue) also Trading Standards within the UK and HMRC no one seems to think other than underhand and devious that there is anything that can be done. HELP PLEASE!!

FireWyrm

ScotGuern wrote: »

Hi I`m also new to writting here although followed MSE for a wee while. Now I wonder if anyone can help on this issue I`m currently having with Necxt Directory. Firstly I live on Guernsey (non EU non VAT liable) I ordered goods from Next Directory as I have done many times online,As the item is failry expensive an X Box package I had looked around and decided as it SHOULD be VAT free I could afford a more expensive package. When I enquired about the VAT during a security check call I was lead to believe it was refunded, however a letter a few days later stated I quote"We can confirm that Next operates a standard product pricing policy in the UK and the Channel Islands, meaning that customers are charged the same prices irrespctive of where they live. Prices are the same across our retail stores and the Next Directory, including internet orders. " The letter goes on stating this is important for sake of fairness and because goods can be returned to stores. It then goes on to state due to increased delivery and operating costs in the Channel Islands they retain VAT as recompense for increased delivery costs,However I am now in the position of being charged £94.00 for the delivery of two items whichI possibly could have flown to the UK and bought in a store and still not have spent £94.00. My main bugbear is that Next has now admitted that they retain money supposedly for VAT but then admitted itrs for "freight charges" It states now where in their terms and conditions any of this I wonder is there anyone who can do anything about this, I have contacted Guernsey Citizens Advice Guernsey Trading Standards, Guernsey Border Agency (Tax and Revenue) also Trading Standards within the UK and HMRC no one seems to think other than underhand and devious that there is anything that can be done. HELP PLEASE!!

Next cant have it both ways. Either, its VAT which doesnt apply in Guernsey, or, it's delivery charges which must be clearly detailed at point of sale. So, which is it?

I would be minded to a) return the goods back to them under the distance selling regulations and state that the 'delivery charge' is to be refunded as part of this and then b) if they claim it's vat, threaten to report them to HMRC since they are clearly guilty of VAT evasion and c) fly over and buy the thing as you originally thought to do.

My guess is, they'll back down.