Simon_Wolfson@next.co.uk Next CEO, I wouldn't expect too much sympathy from him.

I am currently in the process of taking Next to court over a default, I will let you know how I get on.

I am looking at the Court route now, could do with some advice.

Hi, any opinions on the above post?

Apparently I opened the account in April 2006 (that's what they have told me), never missed a payment but in 2010 they decided to withdraw credit on my account due to their monthly inspection of my credit file (nothing had changed on my credit file). I placed the account in dispute, sent a letter etc, but only had the threat monkeys chasing me. I kept telling them that the account was in dispute and to put all correspondence in writing. I changed my phone number due to their constant harrasment, but never received any default notice or account statements. I discoverd last year that they had placed a default on the account, I don't want to put too much on here as they will guess who I am however, I have offered to pay in full if they remove my data (I have made this offer very high up in the company). they have refused, but will mark my account as settled if I paay.

Hi, Was there any update on this case? I am having my own battle with Next and would appreciate some advice. Dave

Thanks guys, I am trying to get the default removed, but struggling big time!! I don't mind settling the amount, but then the 6 years will start again, I have 5 years left until the default drops off.

It only says about processing data, no selling on or termination of account.

Thanks, but should that be stated in the terms and conditions?

Hi, Does anyone know if you have to be 8 payments late for a default to be reported on your credit file? For instance, can a default be recorded if you are only four payments late? I have looked th my supposed CCA and it doesn't state how many payments late before the default is recorded. Thanks in advance. Dave

Hi, I looked at my credit file the other day and discovered that I have a default placed there by Next Directory. although, I contacted them and agreed to repay the amount in full if they would be so kind as to remove the default, I was told that this was not possible. Has anyone else had any success with getting a default removed by them? Thanks in advance Dave

Can you also send him the documentation that allows you to register a default? I thought you would have to have his consent to process his data?

I had an account with Next, for which they withdrew the credit facility last year. I had not missed a payment on the account since it was opened around six years ago. Apparently, they review credit files on a regular basis and decide to remove the facility. as they did this, I stopped paying them and they have defaulted the account, I have been getting letters and calls from Debt Manager LTD, yesterday I got a letter from them with a load of old statements and a completely blank agreement!! So I would say that unlawful recission is quite commonplace with Next.

I thought this site was on our side, obviously not!

Moderators, could you please move this thread so that everyone can see it? Thanks in advance.

UPDATE...............I WON TODAY!!!! I was in Court today, and I/we discovered some fundamantal flaws in Cabot/Morgans arguments. In short, their case got dismissed. I cannot say too much more at the moment as I still have some issues to settle with Morgans, regarding them processing my data however, I will be quite happy to discuss these points with a moderator, as they will know if any request for informaton is genuine or just a Cabot troll. I am also very sure that PT knows the outcome, as it was down to him that the case got dismissed. I would suggest that if Morgans are taking you to Court look at getting a solicitor that knows how to deal with them, as Morgans are extremely slippery. I cannot recommend PT highly enough, thanks ever so much for your help with this. PT, please feel free to use any information from my case today if it helps you in the future. What I will say is, double check everything Morgans send you, they very nearly got their result with an illegible agreement, which we all know should not happen. Morgans are fighting these cases every day, and their solicitors are very clued up on what to do or say. If I had not asked for PT's help I am sure I would have lost today.

The debt is not statute barred, it was in serious dispute with MS and the next thing I get a hello letter from Cabot. I am thinking about applying to get it set aside however, I cannot put the details on this forum, I am hoping that someone can help me with this.

Subbing very interested in this!

Thanks Rhia, The agreement is from 2000 Cabot are saying that it is industry best practice to destroy the original agreement, this is complete rubbish. I think it would have been set aside however, I am counterclaiming for them processing my data, maybe that is why the judge gave them a chance to get the original, or a detailed witness statement.

PM'd back.

Thanks BTK, I have read your thread and it is very interesting, PM me a contact number and I will tell you more if you want to know.

I was up in Court one day last week, due to a credit card debt. The hearing was changed to a directional hearing as the judge could not read the agreement (illegible), even though Cabot blew the document up. I used CPR16 (7.3) and stated that the original should be available at the next hearing however, Cabot said it could not be produced as it has been destroyed, and the judge said that they had to provide a detailed witness statement stating this for the next hearing. I am concerned that the Court is going to ignore CPR16 and hear the case, I would appreciate some advice if anyone can help. They also tried to use Carey Vs HSBC although, I pointed out that this was not relevant as the debtor had brought action against the creditor in that case, I am getting worried over the next hearing as I assumed CPR16 would have to be adhered too?

Is it with Cabot? They have taken me to court with an application form and tried to use Carey to their own benefit.

Bump.

I was up in Court one day last week, due to a credit card debt. The hearing was changed to a directional hearing as the judge could not read the agreement (illegible), even though Cabot blew the document up. I used CPR16 (7.3) and stated that the original should be available at the next hearing however, Cabot said it could not be produced as it has been destroyed, and the judge said that they had to provide a detailed witness statement stating this for the next hearing. I am concerned that the Court is going to ignore CPR16 and hear the case, I would appreciate some advice if anyone can help. They also tried to use Carey Vs HSBC although, I pointed out that this was not relevant as the debtor had brought action against the creditor in that case, I am getting worried over the next hearing as I assumed CPR16 would have to be adhered too?