Next account.

[ctid1987]

After ordering a few bits online we received a letter from Next stating my partner owes them money!

 

She had an account years and years ago with them.

 

Just phoned Next to find out about last payments made etc...

 

They said my partner opened the account in 2003.

 

She was in £217 debt and made a payment in Jun 2008 for £35, then Jul 2008 for £30. However they are now asking for £285.69?

 

Here is a copy of the letter we received.

 

 

What do you reckon I should do with this?

 

Thanks

[ctid1987]

I'd like to think that the debt was amounted before 2008 but they said their records only go back so far (I assume 5 years)

[dx100uk]

sar them

 

get all the statements

then look for penalty charges

 

dx

[citizenB]

Hmm, seems a bit odd those 2 payments on their own don't you think. As advised, send a Subject access request to Next in order to obtain statements also to establish if there are any default charges that could be reclaimed, if their records are accurate.

 

Can your partner recall this debt - is it on the credit file ? Can your partner recall making those two isolated payments !

[renegadeimp]

I would send the SB letter and get them to prove the payments were made, and if so, how they were made.

[ctid1987]

Sorry renegadeimp, where is the Statute Barred letter?

[renegadeimp]

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

 

Some people will disagree, but if they maintain it is not statute barred, then the onus is on them to prove it. Proof would be dates and the method the payment was made. If postal order or bank account etc, they are required to give you the bank info, or the postal order unique number so you can match it to your records.

[ctid1987]

Brilliant, thank you.

 

Any chance you can have a peek at this thread and tell me what you think?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?392861-Anglian-Water!-%A32800-bill!&p=4247454#post4247454

 

Just printing off the letters that will be posted recorded tomorrow.

Welcome, HSBC, Next and Anglian water all to do!

 

[ctid1987]

Just thinking, shall I send this first then if they provide proof of a payment within 6 years then SAR them to look for charges etc?

[ctid1987]

And can I send to address on the letter, or to head office?

[renegadeimp]

Letters should always go to the registered address. Normally the head office. If they have a specific department that handles these letters, then you can send it there. I would also address it to the compliance officer.

[ctid1987]

Bugger, to late. Letter sent today to address that the letter above was sent from!

[ctid1987]

Letter received by them, but no letter to acknowledge anything?

[ctid1987]

Still nothing received - what shall I do?

[dx100uk]

what did you send

 

dx

[ctid1987]

SAR them?

[ctid1987]

Acc/Ref Number: 323

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

[dx100uk]

yes should have done that a month ago sar

 

dx

[ctid1987]

Will do today mate.

[ctid1987]

Funnily enough I've just received this from them -

 

[ATTACH=CONFIG]45248[/ATTACH]

[ctid1987]

I think I will counter the letter.

[ctid1987]

Can someone look over this letter before I send it to them?

 

Dear Sir/Madam

 

Acc/Ref Number: 323

 

Thank you for your reply to me dated 16/07/2013.

 

I would like to point out that under the Limitation act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

May I point out again that the onus is on yourself to prove any money owing. And by law you need to prove this either by providing me with written confirmation of the debt (contact is simply not enough, you need written confirmation), or by proving the last time a payment was made on the account.

 

If you cannot do this then I would like written acceptance that the account is Statute Barred as you do not have proof otherwise.

 

At this point I would like to ask for the following -

 

A copy of my Original wet signed Credit Agreement with yourselves – if you cannot provide this then please put something in writing to explain why.

 

The Deed of Assignment either Absolute or Equitable signed by both parties when you handed the account over to Lewis Debt Services – and again if you cannot provide this then at least also an explanation as to why.

 

I look forward to your reply.

 

Yours faithfully

[ctid1987]

Does this look OK to send to them?

[dx100uk]

so you've a ccj?

 

dx

[ctid1987]

Yes default registered by next and then CCJ after by Lewis on my Mrs credit file.