Next and Debt Managers Ltd

[kittycatty]

[kittycatty]

Sorry thats looks better

[Shifter]

Blimey, Next don't back down easily do they. Sorry, I can't offer any advice, didn't want to read and run. I'll be watching the thread with interest as I have a Next Directory account :-/

[The GodMother]

kk kitty know i have full letter i will c what i can do.

[pt2537]

What a load of Balls

 

we dont have to retain the signed agreement?

 

(2) There may be omitted from any such copy--

 

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

 

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancellable executed agreement delivered to the debtor under section 63(1) of the Act, the date of the signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

 

taken from Regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

 

so the words "May" and "Omitted" mean that the information must be there but can be removed, secondly it makes express reference to the fact that the signature MUST BE THERE in the case of a cancellable agreement so their contention that they will not be required to retain the original document is rubbish

 

and the most famous of sections within the CCA 1974 sets out clearly that

 

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

 

 

so id like to know how they believe they can get around the fact that a requisite for enforcement is a signed document containing the prescribed terms

 

GAME OVER NEXT

[kittycatty]

And dont forget the incorrect address.

[The GodMother]

Can Next argue that this a a non cancelable agreement?

 

Its just some agreements i have noticed have said the agreement is noncancelabe. This means that u have no right in cancelling it under the cca1974.

If so why cant it be cancellable?

[pt2537]

So what if it isnt cancelable? it matters not

 

the fact is which i am trying to evidence is that they need a signed agreement

[The GodMother]

I know they need a signed agreement but i have noticed that some agreement are saying about the non cancellable part and that companys are relying on the rules Next have used not to supply a signed agreement.

[kittycatty]

Sorry back again.

Major problems

[kittycatty]

I have tried reporting Next to ts but they were as much use as a chocolate teapot.

I really could do without this hassle but there letters make my blood boil. Im glad you guys are here to help though.

 

Thanks

[alfwithhair]

TS response varies between useless and brilliant, depending on which branch is handling the case. Is this your local branch that has been less than helpful/ You could always complain the branch in the OC/DCA local area, you may get a more favorable response there.

 

Also complain to the OFT if their guidelines on debt collection are being breached, although they don't take up individual cases, they will make a note of your complaint and if enough are received regarding a particular company they will and do act accordingly

[kittycatty]

I called consumer direct, but when I explained the situation they said "as I wasn't paying it was my fault and that the company would have supplied the correct info".

I did explain about the CCA and that Next were past the deadline and communicating to an old address but they were not interested.

 

Will phone OFT in the morning, Thanks Alf.

[alfwithhair]

I called consumer direct, but when I explained the situation they said "as I wasn't paying it was my fault and that the company would have supplied the correct info".

I did explain about the CCA and that Next were past the deadline and communicating to an old address but they were not interested.

 

Will phone OFT in the morning, Thanks Alf.

 

Dont bother with consumer direct, in my experience they haven't a clue what there talking about contact Trading standards direct. Your own local branch and the one having durisdiction over the creditor or DCA (their local branch. Also do this in writing, not over the phone. I have found you will get a reply one way or the other by going along this route.

 

Don't bother ringing the OFT either. In writing to them too or via email from the web site.

[kittycatty]

Sorry for keep relying on others for help with the letters, I have no idea how to word it or what to say.

 

Thanks Paul and GM

[kittycatty]

My local TS number transferes me to consumer dircet, might pop a letter in the post then, Thanks

[The GodMother]

well CD are talking rubbish then. Ask to speak to someone in charge so u can make a formal complaint.

[kittycatty]

I did explain that NDL advised me not to pay until the request had been satisfied, ho hum.

Will try again in the morning.

[kittycatty]

In my reply do I point out the incorrect address?

[The GodMother]

Dont bother replyin to Next. They will just give u the we dont have to follow the law letter again.

 

Just let them dig them selfs a hole.

[kittycatty]

I thought it was better to reply, I dont want other people reading my mail. (incorrect address).

 

Any luck Paul?

[kittycatty]

Also am I correct in thinking that DCA's etc cannot touch my DLA payments?

[The GodMother]

yep thats rite. U need that money to live off or pay for service u need due to ur disability.

[kittycatty]

Thanks