Next and the Dreaded Blank CCA

myfishy

Hi,

First time poster.
Ok, a few months ago my husband lost his job. We printed off a statement of means form and filled this out, we then sent the form along with an offer of payment (£5) to our creditors. Some were brilliant, Next wasn't. They demanded £30 per month. We sent another nice letter to them asking if they could reconsider our offer as several other creditors had accepted the same offer of £5, again Next basically told us to 'do one'. The phone calls then started. The lady I spoke to on the phone told me she didn't have a signed credit agreement for me and that she would 'pop one' in the post and that she would initially accept £10 per month for 6 months.

I requested a 'true copy' of my CCA on 30th April, they sent me a blank CCA, no letter in the envelope but a lovely 'with compliments' slip, the CCA did not contain my name nor my address, they also cashed the £1 postal order against my balance. Since then the phonw calls have got progressively worse. I sent another letter stating that they had not supplied me with a 'true copy' therefore the debt is now in dispute. Not had any letters back as yet but had a charming conversation with one of their representatives today who basically told me that because I had ordered items and these had been delivered to my address then this constitues a binding agreement.

The Next account is approx 2 years old and it was automatically set up when I bought something online from them.

I have also told them to stop contacting me via the phone as I'm now getting 2 - 3 calls a day and I will only deal with them in writing, they have said they do nothing in writing it's all verbal???!!!!!

Can anyone help and point me in the right direction as to my next (no pun intended) course of action.

Many thanks in advance

sickasachip13

Wow, didn't want to read and run, sorry to hear of their annoying tactics.

SAAC

heather66

i thought if you took a catalogue out within the last few years over the internet you automatically had a CCA / contract

...up till today i had not and any problems with Next and without notice had taken me off reduced payment scheme ..which is through CAB.
My statement recieved today shows £11 odds interest against £5 payment i made for June ..and requesting full ( what i should be paying ) payment for next month didn't think they could do this

sickasachip13

Fishy, have you used any of the template letters on National Debtline on them? Might be worth a look to see if you could stop the phone calls. On the blank CCA, I've no idea I'm afraid. You could ring National Debtline for advice?
SAAC

myfishy

Hi

Thanks for the responses.

Heather, that's what I was worried about when they phoned me and said I could pay £10 for 6 months IF I signed a credit agreement.

I will send them a harassment letter tomorrow, I thought that the credit agreement had to have at least my name and address on it. I know it doesn't have to have a signature but I have just checked the sites terms and conditions and it does say that when you open an account they will send you a credit agreement, one for you to sign and keep and one to sign and return back.

Next Directory Accounts
When you apply for a Next Directory Flexible Account ("Next Account") and your application is accepted, a Next Account will be opened for you. To hold a Next Account you must be 18 and UK resident. A Credit Agreement will be sent to you and you must read this carefully, sign both copies and return one copy to us.

Might point this out to them.

heather66

myfishy wrote: »

Hi

Thanks for the responses.

Heather, that's what I was worried about when they phoned me and said I could pay £10 for 6 months IF I signed a credit agreement.


Next Directory Accounts
When you apply for a Next Directory Flexible Account ("Next Account") and your application is accepted, a Next Account will be opened for you. To hold a Next Account you must be 18 and UK resident. A Credit Agreement will be sent to you and you must read this carefully, sign both copies and return one copy to us.

Might point this out to them.

As you say if you never recieved it then they don't hold a TRUE copy

i also got they letters that they would only accept repayment plan if i signed an actual agreement ( ddint return it as i had already signed the I&E form through CAB

.. i read another post earlier that said you couldnt open an account online unless you ticked a box saying you agreed / and that was your cca not just next but any catalogue. i know mines was opened years ago via an application form

myfishy

Harassment letter sent, another 3 phone calls from Next. Told them I only want communication in writing and they have told me until they receive that letter then they are entitled to keep phoning me. Asked the woman on the other line for her name so that I could report her but she hung up on me.

They just wont accept that the blank CCA they sent me isn't acceptable. I told them that the blank CCA could be anyones but they have said that is all they are obliged to send to constitue a true copy.
Like I have said, already sent an 'account in dispute' letter, just wondering what I do next when they mail me back saying that the blank CCA is enough.

Thanks in advance.

sickasachip13

Hey fishy,

Are they ringing your landline or mobile? Could you block the number somehow? Or, if it's the landline, and you have a mobile, I'd be tempted to unplug it for a while (I did this when we first started on our dmp).

I hope the letter sorts it out. It really is unacceptable behaviour.

SAAC

myfishy

It's a landline SAAC. The line is ex-directory and I have never ever given them that number.
Hopefully the letter will make them stop ringing, if it doesn't then I will have to report them.

myfishy

OMG!!! Harassment letter was sent last week and Next are still calling me at least 3 times a day, its getting to the point where I'm dreading the phone ringing. They are threatening to get a DCA involved.
The CCA they sent me is totally blank, no personal details on there at all, plus it has 4 holes punched in the top of it, making me think they have just got one out of a ring binder in the office. There was no letter accompanying it.
Also I have had no response to the letter I sent stating that because the CCA they sent me wasn't a true copy then the account was in dispute.
Does anyone have any advice?
Should I send another letter to Next or just wait for the DCA to get involved.
Thanks in advance.

cottonhead

I have to say my experience with Next has been very different. I emailed them and told them we have financial trouble and could I pay back a set amount each month for a while until things get better. They emailed back to say yes straight away. I pay £40 a month on a £550 debt. You didnt say how much you owe so maybe the trouble id they think you offer is way too low ? However they cant force you to pay more than you can afford. I think I would email them so you have a copy. Expalain that you want to communicate via email and you do not want calls to your home. Make them an offer - I found that asking for it for just a few months worked well. When the few months is up ask again. I also never signed the credit agreement - I binned it and its never been asked for. Dont get into phone conversations. In fact explain in your email that you find it stressful and so if they do call again you will politley be hanging up. Good luck!