Advice on default;next directory

[kalujo123]

Any help needed.

 

I have an account with next directory, had to take time off from work due to child having heart surgery, with no income.

I went into a payment plan with them for £100 each month, missed a payment by a few days, rang them to pay but told me that account had defaulted and had been passed to debt collection agency. They didnt send me anything in the post to say i had been defaulted but it is now on my credit file, i have since rcvd a letter from dca saying i have to pay in full. Is there any way i could possibly get this default removed due to them not sending me a reminder that i had missed the payment by a few days or trying to contact me. The balance that they defaulted me for was £974 and i think i had about 3 months arrears. any help will be greatly appreciated, thanks

[therafalution]

We have just been told they have passed a debt off to a dca and are going to charge us £200 for the privilege, is this legal/lawful. I really can't wait to file against these their attitude stinks. You try to do your best in paying things off, they feed off your guilt, screw 'em and sue 'em.

[kalujo123]

Hi, what are you going to file for?, what is the name of the dca. when i spoke to one of their employees on the phone (next) i told him that they should send reminders if they are going to default you, not just say that the original agreement says they can default you if you dont pay, and use that., and he totally agreed with me. It really got to me as i had stuck to a payment plan they had set up for about 5 months and missed a payment by about 2 days then rang to pay and they said they would not accept my payment as it had been sent to a dca and they had already defaulted me.

[cheddar]

Hi there you both may find the following forum of more help: http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/

[kalujo123]

Well i have now rcvd a claim from northampton county court for this next account, i sent of a cca request to next and they still have not responded after about 1 month. What do i do next, do i defend this claim by telling the court they have failed to provide me with the agreement, im not sure what to do as i dont want a ccj

 

Has any one got any advice please

[kalujo123]

I have now submitted a defence to this claim, still have not rcvd credit agreement. Had a letter from moorcroft asking me what we can do to settle this matter without additioanl costs e.t.c. I am just sending them another letter explaining that they have failed to supply me with an agreement on 2 occasions going back to 15/01/07 via recorded signed for delivery and that they will have to supply this to me if we go to a court date.

[MARTIN3030]

Thread moved here this is the best place.

[smartmartian10]

Any further news kalujo? I wrote to NEXT asking for CCA, no reply and 12 days up.

 

Am about to write and advise them they are in default and to stop payments. The balance on the account is around £500.

[kalujo123]

Just an update.

 

Filed defence through mcol against next, explaining that i have requested credit agreement from them and got ignored even though it was recorded signed for delivery and i have a copy of the signature, also sent same requests to moorcroft and copied in their solicitors MLS SOLICITORS. I recieved acknowledgement from court advising me that NEXT have 28 days from when they recieve my defence to sort the matter out informally or inform the court that they wish to proceed. The date of my defence was 13th march so give 5 days for them to recieve a copy of the defence and its 28 days from them and the letter states that if NEXT have not done anything by then the claim will be stayed and that date is 15th april.

When the court means it will be stayed is this good news for me?

[smartmartian10]

This might be of interest to you, made my own thread so as not to hijack yours

 

http://www.consumeractiongroup.co.uk/forum/store-cards/80872-next-directory-statement-interest.html#post760354

[kalujo123]

UPDATE- As yet they have not responded to my defence and the claim is stayed, so they now have to pay the court and get a judge to lift the stay, this just means that there is a longer delay for them and if they do apply to the court to lift the stay it will be transferred to my local court and we take it from there, will let you all know if there is any more info

[smartmartian10]

kalujo123 have you complained to OFT? see my post below

 

http://www.consumeractiongroup.co.uk/forum/store-cards/69695-next-directory-covered-cca-2.html

[tomterm8]

I am no longer welcome on CAG

[kalujo123]

They have put a default on my credit file, what do you think i should do.

[tomterm8]

I am no longer welcome on CAG

[kalujo123]

I think i will give it another week and then send them something along the lines of that letter, cheers. Its all a bit daunting, i think i need to prepare myself, do you think i can get the default removed?

[kalujo123]

Just to let you know i have written up a letter similar to your draft tomterm8 (many thanks), will be sending it in the morning and will await their reply, if there is one!!, will keep you posted, cheers

[kalujo123]

Update.

 

well i have now finally had a reply from moorcroft after sending them a letter of intention to proceed with legal action in may and this is what they say

 

"we write further to your recent letter. we can now confirm that on this occasion we are unable to provide a copy of the signed agreement requested. we therefore return the cheque submitted in that connection.

 

we are now closing this account and returning it to our client."

 

 

Well what does this mean, they haven't mentioned anything about removing my default notice what do you think is the NEXT step. why do they say on this occasion they cannot supply the agreement, does that mean they might find it when they feel like some time in the future?

 

Do you think i should write to next and ask them what they intend to do about default info on my credit file or do you think they will try some tactics to fob me off.

 

Any help appreciated, cheers

[powelll]

I would assume it's Next who have registered the default? If it is you need to write to them asking for the default to be removed - there is a good template letter about somewhere but I'm rushing so cannot find it! ( Only haver internet at work and am just about to leave ).

 

If they don't remove the default you need to put a complaint into the Info Commissioner, details below - make sure you keep all correspondence to Next recorded delivery & keep copies.

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 01625 545745

Fax: 01625 524510

E-mail: mail@ico.gsi.gov.uk

Website: www.informationcommissioner.gov.uk

[kalujo123]

Well I thought this was well and truly dusted under the carpet as Next did not reply to court claim that they put against me and I managed to get equifax to remove the default from credit file as Next ignored them as well. Now out of the blue I have a letter from next saying that we are writing to inform you that the outstanding balance on your account has been sold to cabot financial uk ltd, all future payments and queries must now be dealt with cabot. In the same envelope is a letter from cabot saying welcome please ring us to arrange payment!

 

It also tells me to keep the letter from cabot as this is notice of assignment to cabot uk ltd

 

Please help, what do i do know, I have brushed off moorcroft already and now these are jumping on the bandwagon.