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  • FIRST POST
    • AmelieAva8
    • By AmelieAva8 10th May 18, 8:12 PM
    • 19Posts
    • 5Thanks
    AmelieAva8
    Looking for advice...
    • #1
    • 10th May 18, 8:12 PM
    Looking for advice... 10th May 18 at 8:12 PM
    Hello,

    I am after some advice re my Next debt. I think it is a 2013ish debt which was defaulted in November? 2017.

    I sent a CCA request off and they just returned my postal order and didnít really mention the CCA. Then they passed my case on to their in house debt collection team Brecon. I informed them I was awaiting a CCA but will set up payment plan after that. Then I heard back from Next who talked about a SAR (just ignored as I had requested a CCA).

    So a few months pass and I start to hear from Debt managers, emails every few days so in the end I replied and said basically what I said to Brecon. Then 5 days later I received a letter in the post with a 50% one off settlement.

    So, what do you think? Next hasnít got my Credit agreement? Or they just donít talk to each other and this is the debt collection team getting desperate?
Page 1
    • sourcrates
    • By sourcrates 10th May 18, 9:31 PM
    • 15,884 Posts
    • 14,936 Thanks
    sourcrates
    • #2
    • 10th May 18, 9:31 PM
    • #2
    • 10th May 18, 9:31 PM
    If you want to settle for 50% then thats your choice.

    As things stand presently your debt is unenforceable as they have not yet complied with your request.

    It will remain that way until they do, it is also a full defence should they start court action.

    As to weather they have the paperwork or not, is anyones guess, a reminder letter would not go amiss.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Fireflyaway
    • By Fireflyaway 12th May 18, 10:15 AM
    • 2,099 Posts
    • 2,431 Thanks
    Fireflyaway
    • #3
    • 12th May 18, 10:15 AM
    • #3
    • 12th May 18, 10:15 AM
    If they are offering 50% then I'd take it if you have the money. but....Whether they have your agreement or not you bought a tonne of stuff. Should you not pay for what you purchased? Retailers factor in shop lifting and people not paying back on store cards and it raises the price for everyone else! I had a next account a few years back and got really stuck so I know it can be hard. The balance was around 2k and I was broke but I paid it back eventually. Sometimes you need to feel the pain to learn from it.
    • fatbelly
    • By fatbelly 12th May 18, 2:10 PM
    • 13,107 Posts
    • 10,165 Thanks
    fatbelly
    • #4
    • 12th May 18, 2:10 PM
    • #4
    • 12th May 18, 2:10 PM
    Next are fully aware as to what a s77-79cca request is. That they haven't complied and instead offered a 50% discount implies they have not got the paperwork. You should be able to defend any court claim but at the end of the day you may get a judge with his (her?) own ideas on that.

    If you are prepared to settle but want a better deal, write back, remind them it is unenforceable and suggest a percentage.

    Head your letter 'without prejudice'
    • AmelieAva8
    • By AmelieAva8 12th May 18, 2:57 PM
    • 19 Posts
    • 5 Thanks
    AmelieAva8
    • #5
    • 12th May 18, 2:57 PM
    • #5
    • 12th May 18, 2:57 PM
    Thanks for your advice.

    Yes fire I agree with that to an extent, but for years Iíve paid so much interest on the card that Iíve probsbly paid £1,000 in interest before I got snowed under with debt.

    This isnít my only debt which totals £14,000 approx and I was considering a DRO (have posted for advice before) but think I will not get that for being slightly over. So looking at prioritising payments. They are all having £1 a month atm until I Raise more funds but was just wondering what people thought about this, Iíve got 2 cc totalling £8,000 combined which deff have the paperwork so they are more my priority.
    • sourcrates
    • By sourcrates 12th May 18, 3:06 PM
    • 15,884 Posts
    • 14,936 Thanks
    sourcrates
    • #6
    • 12th May 18, 3:06 PM
    • #6
    • 12th May 18, 3:06 PM
    Thanks for your advice.

    Yes fire I agree with that to an extent, but for years Iíve paid so much interest on the card that Iíve probsbly paid £1,000 in interest before I got snowed under with debt.

    This isnít my only debt which totals £14,000 approx and I was considering a DRO (have posted for advice before) but think I will not get that for being slightly over. So looking at prioritising payments. They are all having £1 a month atm until I Raise more funds but was just wondering what people thought about this, Iíve got 2 cc totalling £8,000 combined which deff have the paperwork so they are more my priority.
    Originally posted by AmelieAva8
    Try getting your balances down below 20k then re-think the DRO.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • AmelieAva8
    • By AmelieAva8 12th May 18, 3:15 PM
    • 19 Posts
    • 5 Thanks
    AmelieAva8
    • #7
    • 12th May 18, 3:15 PM
    • #7
    • 12th May 18, 3:15 PM
    Itís not to do with the amount of debt Iíve got itís due to the surplus that I have, I canít get down to £50 (although I donít have much left over each month) I do pay for dance lessons for my girls and have a subscription to gym myself and life insurance so if I cancelled these I would have even more money left over.
    • AmelieAva8
    • By AmelieAva8 12th May 18, 3:31 PM
    • 19 Posts
    • 5 Thanks
    AmelieAva8
    • #8
    • 12th May 18, 3:31 PM
    • #8
    • 12th May 18, 3:31 PM
    Sorry sourcrates I meant slightly over the £50 surplus not over 20k debt. I didn!!!8217;t write that properly.
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