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Katuska

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  1. hi craigers, is the SAR something like this? As i sent this letter to NEXT as my very first letter on 5/12/2009: After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my account in January 2006. Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque (Cheque nr xxxx) in payment of the statutory fee. 2. You must supply me with a signed true and certified copy of the original default notice. 3. Any deed of assignment if the debt was sold on. I would request that this data is provided to me within the next 28 days; if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. xxxx Cheers!
  2. Dear All, Equifax has contacted NEXT and the bastards came back and said to Equifax that they received no requests from me. They said that "the customer" (me) should contact them on 0844 8448 264 which turned out to be their Collection Department number. I spoke to a woman and asked her to confirm their official address where letters should be sent to re account disputes. She recited the same address where I sent my two Special Delivery signed for letters. So I told her that I don't know what they're talking about as I sent my 2 letters to the correct address, both were signed for (got Royal mail proof), yet no reply was sent to me. She said they never received anything. What a lying cow!!!!!!!!! I updated my dispute with Equifax on their online dispute section but am truly lost at this stage. What am I supposed to do now? I gave NEXT over 2 months to send me a signed true copy of the DN yet received nothing. Is the next stage going to court?? PLEASE HELP! Katuska
  3. thanks a million craigers, let's hope it's gonna be that smooth. have a lovely weekend!
  4. it's primarily with Experian (creditexpert) but I checked my Equifax as well, and the sodding default notice shows up there, too. So I assume I would need to contact all cra's.
  5. Thanks a lot craigers!! Do you know of a template to send to the cra's? cheers
  6. Dear All, I have been trying to tackle NEXT for a few months to remove a default notice that they entered in 2006. I have sent the first letter to ask them politely to send me a true copy of the default letter sent to me in 2006. 28 days passed and I heard nothing. So last month I sent them this letter: Next Directory Customer Relations P.O. Box 4000 Sheffield S97 3ET Date: 13 January 2010 Dear Sir / Madam Customer number – xxxxxxxxxx I refer to my letter dated 5 December 2009 which was delivered via Special Delivery to your offices on 9 December 2009. You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account. In my letter of the 5 December 2009 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all transactions on the account, along with any other documents mentioned in the credit agreement. You are reminded that you are obliged to supply these documents, as defined under Section 189 of the CCA 1974. The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after 30 calendar days, your company commit an offence. These time limits expired on 24 December 2009 and 8 January 2010 respectively. As you are no doubt aware, Section 78(6) states: If the creditor under an agreement fails to comply with subsection (1) - (a) He is not entitled, while the default continues, to enforce the agreement; and (b) If the default continues for one month he commits an offence. Therefore on 8 January 2010 this account became unenforceable at law as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to NEXT Directory. I require the following action from NEXT Directory: 1. Removal of all defaults entered by NEXT Directory. Note this is to be a complete deletion and not merely an amendment 2. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. 3. You are required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group. If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force NEXT Directory or any other company within the group to comply with removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP. I look forward to your reply within 14 days to resolve the matter amicably. Regards, Me This letter was received by them on the 18th Jan, I have proof of special delivery stamp. Today is the 12 Feb and I heard NOTHING from them. I checked the address, whether it's ok, and it is on their website among other addresses. So, even if the default department is not at this address, my letter still went to NEXT and has been received by them. What should I do now? What's the next step? I have been reading other people's stories and most people received at least a fob off letter, but me, nothing. Thanks a lot, katuska
  7. Hello, This is a duplication of a thread I started in the General Debt forum but i just found this forum, which may be more relevant to my problem. Hope somebody can help me! Thanks! Dear All, Hope you can help me with my situation. I checked my Experian file and as it turns out in Nov 2005 NEXT entered a Default notice on my account. Outstanding amount was paid in dec 2005 (£121!!!!), and the account is now Satisfactory Settled, but still with a default next to it. I don't recall anything about it but as I just had our baby at the time it may have happened, honestly I can't remember. One thing I know for sure though: I never received a default notice letter from NEXT!! So I asked NEXT 2 months ago to send me my account nr with them (they did) and then I sent them a letter found here, asking them to supply me with a signed and true copy of the default notice from 2005. 3 weeks later today I received a letter saying that I only have a cash account with them (which is basically a pay-as-you-go account, so no credit agreement is signed), but then they state: "The goods that have been charged to the account have been ordered by and delivered to the account holder, without payment in full having been made for them. We are entirely satisfied the account holder remains in debt to Next Directory. A default entry will therefore be made on the credit reference file, which may affect the ability to obtain credit in the future..." Now, this was dated last week, but I've got two problems with this letter: If this is a cash account, which balance is 0, then how can I be in debt to next If this refers to my account that has been settled in 2005 then how can they enter a default entry now dated last week I'm really confused!! So I called Next to at least figure out what the hell is going on with my account numbers etc. Turns out they don't have anything under my details apart from this cash account which was created in 2007 (by who????), and its balance is 0, which is just right as I never knew about this account ergo I never spent on it. So, looks like I've got a default notice entered in 2005 for an account that NEXT doesn't seem to have any traces of. They asked me to send them a copy of my Credit reference file with the default notice on it and also a copy of today's letter. Can anybody help me figuring out what is going on? If they can't find my file at all, can I just ask them to remove the default notice? Pls help! Thanks a million!
  8. Dear All, Hope you can help me with my situation. I checked my Experian file and as it turns out in Nov 2005 NEXT entered a Default notice on my account. Outstanding amount was paid in dec 2005 (£121!!!!), and the account is now Satisfactory Settled, but still with a default next to it. I don't recall anything about it but as I just had our baby at the time it may have happened, honestly I can't remember. One thing I know for sure though: I never received a default notice letter from NEXT!! So I asked NEXT 2 months ago to send me my account nr with them (they did) and then I sent them a letter found here, asking them to supply me with a signed and true copy of the default notice from 2005. 3 weeks later today I received a letter saying that I only have a cash account with them (which is basically a pay-as-you-go account, so no credit agreement is signed), but then they state: "The goods that have been charged to the account have been ordered by and delivered to the account holder, without payment in full having been made for them. We are entirely satisfied the account holder remains in debt to Next Directory. A default entry will therefore be made on the credit reference file, which may affect the ability to obtain credit in the future..." Now, this was dated last week, but I've got two problems with this letter: If this is a cash account, which balance is 0, then how can I be in debt to next If this refers to my account that has been settled in 2005 then how can they enter a default entry now dated last week I'm really confused!! So I called Next to at least figure out what the hell is going on with my account numbers etc. Turns out they don't have anything under my details apart from this cash account which was created in 2007 (by who????), and its balance is 0, which is just right as I never knew about this account ergo I never spent on it. So, looks like I've got a default notice entered in 2005 for an account that NEXT doesn't seem to have any traces of. They asked me to send them a copy of my Credit reference file with the default notice on it and also a copy of today's letter. Can anybody help me figuring out what is going on? If they can't find my file at all, can I just ask them to remove the default notice? Pls help! Thanks a million!
  9. Very happy indeed!! Thanks a lot, John! Fingers crossed for your hearing!!!!!
  10. Christina, I'd like to send you a little something as a thank you if you give me your address....
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