Next Directory - PPI

[mariab8817]

Hi Guys

 

I need a little guidance please. Next have said that I have paid £944.92 PPI since I opened my account BUT, they claim that from 1988 through to 1993 they operated an opt-out scheme!! They also claim that for the same years they asked customers if they wanted to opt-out on their monthly statements!!! They state in letter one that PPI became regulated by the FSA in Jan 2005 and any policies sold before that date were not subject to FSA rules. In letter two they state that Next are not regulated by FSA rules for insurance sales and so the FOS will not deal with me if I wish to complain to them!!!!

 

I am really confused with regards to FSA rules surely Next in that case should not of being adding ppi to customer accounts? As I don't ever remember signing for PPI and its not mentioned on their terms and conditions nor have I statements back to those years for back up (how many would have)? should I chance the FOS afterall they can only say NO and then I could go down the line of the courts? I have now cancelled the PPI last month but even that was an event in itself!

 

I would be soooo grateful for any advice/guidance any of you could give me.

 

Kind regards

 

Maria x

[pt2537]

Hi Maria

 

Welcome to the CAG

 

you should really start your own thread for this.

 

 

im not the best person to answer regarding ppi, but i will flag it up with someone more knowledgable who will hopefully be able to offer some help

 

regards

paul

[alanfromderby]

New thread started and moved to PPI forum.

[alanfromderby]

The FSA will not deal with it and you would therefore have to go through the court route.

 

What reason did you give them for seeking to reclaim the PPI?

[mariab8817]

Hi Guys

 

Thank you Paul and Alanfromderby for your reply. I thought I may have to go down the court route as Next are not going to budge. I have spoken to a few friends whom have an account with Next and they have all said that they never signed any documents with regards to agreeing to PPI but have all been paying it monthly. They to are now going to try and get their money back.

 

I will let you know what happens.

 

Kind regards

 

Maria

[hellhasnofury]

Hi Guys

 

Thank you Paul and Alanfromderby for your reply. I thought I may have to go down the court route as Next are not going to budge. I have spoken to a few friends whom have an account with Next and they have all said that they never signed any documents with regards to agreeing to PPI but have all been paying it monthly. They to are now going to try and get their money back.

 

I will let you know what happens.

 

Kind regards

 

Maria

 

Hello Maria,

 

Did you sent next a Subject Access Request for information that they hold on your account. They must be able to produce some evidence that you agreed to it. They just can't apply it without your agreement... Well supposedly anyway.

 

They had to prove to you that you did agree, so keep at them and they will budge. I would be asking for evidence that you agreed, the name of the insurer and the terms and conditions of the ppi.

 

Good luck and keep us posted,

[mariab8817]

Hello Maria,

 

Did you sent next a Subject Access Request for information that they hold on your account. They must be able to produce some evidence that you agreed to it. They just can't apply it without your agreement... Well supposedly anyway.

 

They had to prove to you that you did agree, so keep at them and they will budge. I would be asking for evidence that you agreed, the name of the insurer and the terms and conditions of the ppi.

 

Good luck and keep us posted,

 

 

Hi........I have sent a letter to them asking for evidence of the agreement and a copy of the insurance policy so that should be interesting!

 

I shall keep you up to date, Next do take their time in replying.

 

Maria

[mariab8817]

Hi Guys

 

Received today from Next Directory a letter advising me that my correspondence has now been forwarded to their Legal Team who will respond to me directly.

 

Not sure if this is their intent to frighten me, or maybe their Legal Team hold all the documents that I have requested in my last letter!!

 

I will be in touch when I hear from them.

 

Regards

 

Maria

[tonycee]

Not sure if this is their intent to frighten me, or maybe their Legal Team hold all the documents that I have requested in my last letter!!

 

Or their first step at delaying tactics hoping you give up...

 

Have you done your S.A.R - (Subject Access Request)?

http://www.consumeractiongroup.co.uk/forum/show-post/post-1198765.html I cant help feeling it might come back and haunt you if you havent.

[mariab8817]

Or their first step at delaying tactics hoping you give up...

 

Have you done your S.A.R - (Subject Access Request)?

http://www.consumeractiongroup.co.uk/forum/show-post/post-1198765.html I cant help feeling it might come back and haunt you if you havent.

 

No I haven't but I did ask them to provide me with copies of the agreement with my signature, terms and conditions, name of insurer, copy of the letter they supposidly sent to customers with the opt-out scheme and a statement with the part to cancel ppi.

 

Do you think I should still ask for the S.A.R or as it is now in the hands of their legal team should I wait to see what they have to say?

 

M.

[tonycee]

Do you think I should still ask for the S.A.R .

 

Absolutely, 100%, and do it now. It costs £10, is legally binding, and "should" tell you everything you need to know.

I say should, but, because they are getting wise to the situation, in my opinion, they will do everything they can to /dispute/distract/delay/prevent our claims from succeeding, and their tactics will get worse, as the claims come in.

[mariab8817]

Absolutely, 100%, and do it now. It costs £10, is legally binding, and "should" tell you everything you need to know.

I say should, but, because they are getting wise to the situation, in my opinion, they will do everything they can to /dispute/distract/delay/prevent our claims from succeeding, and their tactics will get worse, as the claims come in.

 

 

Thank you I shall request that tomorrow. Should I send it to the person I was corresponding with?

[tonycee]

Send it to the head office

 

Next plc Contact us

 

Mark if for the attention of, The Data Protection Team.

 

Recorded delivery, £1.04p, get a receipt as proof of postage.

 

Get yourself a folder, mark it up "Next" and keep a copy ALL correspondence.

[mariab8817]

Send it to the head office

 

Next plc Contact us

 

Mark if for the attention of, The Data Protection Team.

 

Recorded delivery, £1.04p, get a receipt as proof of postage.

 

Get yourself a folder, mark it up "Next" and keep a copy ALL correspondence.

 

Thats great. Thankyou for your help. I will let you know the outcome.

 

M

[mariab8817]

Hi.......Received a reply today from Next Directory Data protection/Legal Advisor. This is what they said.

 

"The PPI was included from th outset of your agreement in 1989. As has een explained this policy would have been detailed in documents provided to you at the time and has been detailed on every statement of account sent to you in nearly 20yrs. I cannot accept that we have not made you aware of the existence of the policy.

 

It is not possible to produce documents from so long ago however I enclose the most recent terms of the policy. I am satisfied that you have been made properly aware of the existence of the policy and you have enjoyed the benefits of its cover.

 

I am aware of letters of the nature of the one you have sent being available on the internet. These are intended to relate to rules regarding the sale of such policies introduced in 2005. These rules were not retrospective and it is not possible to apply those standards to a policy sold in 1989. Notwithstanding this the Limitation Act 1980 provides that there is a time limit during which claims can be made and in the ordinary course of business is 6yrs. Given the 19yrs since the sale of the policy any claim relating to its sale would fall under this statue. I can therefore inform you that Next will not be making a refund on your policy".

 

Attached was an illegible copy of their payment protection plan. I have requested an S.A.R. With the Limitaion Act being 6yrs I should then be able to claim for the last 6yrs payments just the same as claiming bank charges for 6yrs. Not sure what I should do now.

 

M.

[mariab8817]

Hi everyone........Received this morning my subject access report for last 6 yrs. Loads of stuff I don't understand but on the earlier statements its really hit and miss and also there is no mention of PPI payments and on some no mention of account payments either!!! According to these statements 2002-2005 no ppi payments were made even though I have a letter from them stating that I have paid £944 since 1989? Also I have found in my file some statements back to 93 with it on. They have also said that as far as they are concerned the matter is now closed I am so maaaaad.

 

I would be grateful if someone could be so kind to let me know what to do next and bring me back down to earth even if only to say leave it at that.

 

Should I respond to them, take them to court as every letter I have had from them is contradiction to the last or should I walk away????

 

Please help.

 

Thank you

 

Maria

[laurapk]

Hi,

 

your last post was about a year ago, can you let me know if you got anywhere with Next?

 

Thank you.

[hpatters]

I personally believe Next misold me both PPI and credit some time ago when I was only 17 years old and still at school. They added PPI to my account even though you cannot accept PPI when you are not in a full time job - the logic being PPI protects yours paymenst as a result of loss of employment but if you have no employment to lose, there is no need for PPI.

 

They also gave me credit when I was underage (under UK law you have to be 18+ to be able to be offered any credit).

 

There is no signed credit agreement in effect either.

 

I am taking Next to court and have a date set in Feb 2010. If you too were mis-sold PPI or credit by Next Directory, or have credit with Next and no signed credit agreement, please drop me a line.

Edited November 3, 2009 by hpatters

[harlequin10]

Hi

 

Subbing!

 

I am in exactly the same situation with next they have been adding PPI to my account since it was opened in the late 1980's they state that PPI is added to all accounts automatically!! Apparently I was given the option to opt-out but they have no records going back that far so not sure wat I should do.

 

I sent them an SAR and all I got back was a credit agreement without my name and address and no signatures I think it had just been freshly printed off, a printout of my statements and no PPI agreement.

 

I would be really interested to hear how you get on in court.

 

Regards

 

Harlequin

[hpatters]

I am off to court this Friday (12th) as Next refuse to accept they have done anything wrong. Like you guys, I was never asked if I wanted PPI and was never made aware PPI had been added. Does anyone recall the first month PPI was mentioned on their statement? I seem to recall it may have been called Service Charge for a good many years.

[harlequin10]

In response to my SAR they sent me a sheet of paper titled Account Enquiry it has loads of details on it but it does state:

 

PPP: Agree/Date Y 03/12/92

PPP Ch to Date 1413.50

 

I assume this was the date that I apparently agreed to PPP and the amount stated is what they have charged me so far!!

 

The printouts they sent me go back to 2000 and they state PPP Charge.

I have current statements going back to 2007 and they all state 'Payment Protection'.

'Service Charge' is the interest they have charged.

[hpatters]

They really are common thieves, I will let you know how it goes in court. I recommend to take small claims action also, see Money Claim Online website to get the ball rolling

[harlequin10]

They really are common thieves, I will let you know how it goes in court. I recommend to take small claims action also, see Money Claim Online website to get the ball rolling

 

Ok, will have a look at website.

 

Good luck in court

[Fletch2006]

Hey hpatters, how did you get on in court?

[sharpgun]

come on let us no