Next Directory, help required please.

[vinegarvera]

Hi Pink,

I am unsure now as I have had letter back from them now which is nearly a complete copy of the last one but says at the end

" therefore a defualt entry will be made on your credit reference file, which may affect your ability to obtain credit in the future""

 

Please someone help!! I know how difficult it is to get a default removed and I feel like phoning them but am too upset at the moment!!

 

By the way the balance is made up of items I have returned or not received so I dont actually owe them anything!!

[vinegarvera]

Any advice greatfully appreciated as always!!

[vinegarvera]

I am thinking of sending this letter:

Any opinions to throw at me will be most welcome!

 

 

 

"I have received your letter date 05/07/07.

I am advising you that I DO NOT ACKNOWLEDGE THIS DEBT.

This balance is made up of items not received.

I am sick of writing regards errors on this account, the onus is on you to prove that these items have been delivered, as I cannot prove a negative!

Whilst you are unable to provide a credit agreement THIS ACCOUNT IS IN DISPUTE. This means that should you attempt to access my credit file you will be committing an offence!!

If you do enter a defualt on my credit reference file I will contact the OFT and Trading Standards.

I now require you to send me a copy of your complaints procedure plus any paperwork and transcripts of any telephone call made in relation to this account, including all correspondence sent to you regarding errors on my account!!

I look forward to a speedy response."

Signed

[rory32]

Rejig as necessary.

 

Thank you for your letter dated 05/07/07. However, please note that I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

 

The balance on this account is made up of items that have not been received.

 

I have previously written to Next on numerous occassions regarding the errors on this account. To date these errors have not been resolved and Next continue to bill for items on this account that can not be substantiated in any way. May I once again remind you of Next's legal obligation to substantiate alleged debts.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 14 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 14 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following would apply:

• You may not demand any payment on the account, nor am I obliged to offer any payment to you.
  
• You may not add any further interest or charges to the account.
  
• You may not pass the account to any third party.
  
• You may not register any information in respect of the account with any of the credit reference agencies.
  
• You may not issue a default notice related to the account.

Please be aware, the CCA 1974 is very clear that a default can only be issued for breach of a valid, regulated agreement. As there is no agreement a default cannot be lawfully issued as no valid, regulated agreement has been breached.

 

I now require the balance of this account to be returned to zero.

Please be aware that any further letters demanding payment/threatening court action will be construed as harassment under the Administration of Justice Act 1970 section 40.

Please forward me a copy of your complaints procedure as a matter of urgency. Failure to do so will result in a complaint being made to the FOS, Trading Standards and the OFT.

Finally, I require that Next supply me with all information that has been registered about my account with your company. In particular I require disclosure of any indication or notes which you hold and notes of all telephone calls made to me by your call centre staff both in the UK and any offshore operations either within Europe or elsewhere in the world. This data is to include all written, audio and electronic correspondence and data. I also require copies of all correspondence sent to you regarding this account.

I would ask that you review this account and respond favourably within 14 days of the date of this letter. Failure to do so will result in me reporting this matter to Trading Standards the OFT and any other authorities as I see fit.

I look forward to your reply in due course.

[calm1]

Clearly, your first move is to request a copy of their CCA. If they can't produce one, then they can't enforce the debt - SIMPLE AS THAT! At which point you pay them nothing more. They have a history of not having CCA's - go find out if you are one of the "lucky ones".

[vinegarvera]

Thanks all, Rory you are an inspiration. I do get bogged down with all this but this site gives me the oomph to keep giving em loads!!!

[Bulmer1985]

Hi,

Can I have some help pelase... last January I lost my job, I had £136 outstanding with Next which I could not pay, in the end my nan cleared the account for me.....it's only been a couple of months ago that I have discovered they have put a default against my name....

Is there anyway of getting this removed?

[rory32]

Bulmer have a read of this Remove Default Notices on a Credit File - We show you how

[Bulmer1985]

Thanks very much

[vinegarvera]

AAAAHHHHHHHH!!!!!!!

Recieved this reply to Rorys letter today......

I write further to your email about your Next Directory account.

 

I am very concerned to learn that you feel that the balance is incorrect, as you have not received any item that is presently charged to you. After examining all correspondence that we have received from yourself, I believe that all queried items have been removed from your account and I am very sorry that you still feel that the matter has not been resolved.

 

I would very much like to investigate this for you as quickly as possible and for your reference, I have compiled a summary of your account to explain exactly how your balance has been calculated. All items that have previously been credited or returned will not appear as they do no affect the current balance.

 

However, although you state that none of the £xxxx balance is owed by yourself, the summary shows that a total of £xxxx worth of goods appear to have been kept from your Directorycard purchases, and yet since you last paid your balance in full, your total payments have been £xxx.

 

I would therefore, be very grateful if you could take some time to look over the summary and identify exactly which charged items you have either returned or not received, and supply any supporting documentation where possible. In order to ensure that any documentation arrives safely, I recommend that you send copies only, and via recorded delivery directly for my attention, at the address below.

 

As soon as I have received this additional information, I will continue my investigation. To give you adequate time to gather this information, I have frozen your account until 6th August 2007, after which time, your statements and requests for payment, will continue as usual.

 

In the meantime, and further to our previous letter as advised, Next does not hold a credit agreement signed by you. Under section 127 (3) of the Consumer Credit Act 1974 this debt is therefore unenforceable through the courts.

 

However, as a separate matter to the balance dispute, the debt remains as at present there is no evidence to suggest that you did not order and/or receive the goods delivered, and Next will therefore continue to seek payment of the balance owed by you.

 

The operation of the account is conditional upon accepting the Next Directory Terms and Conditions of Trading which include the Data Protection notification. I enclose a copy for your information. They are also available on the website NEXT - NEXT Online Shopping.

 

When you placed orders on your Next Directory Account, you accepted the Terms and Conditions of Trading, which include providing consent to process your data in accordance with the notification and any information not proved incorrect, relating to the running of your account, will therefore remain on your credit file.

 

With regards to your request for all information recorded on and relating to your account, I have sent under separate cover, the notes currently recorded on your Directory account, but we do not hold copies of correspondence received from customers beyond 3 months, or copies of letters we send out. Should you require a full Data Subject Access Request to cover all databases including Marketing and Human Resources, please forward a £10.00 Cheque to us at the address below.

 

 

 

 

 

Finally, we subscribe to the code of practice established by the Mail Order Traders' Association and undertake to deal with any complaints speedily and sympathetically. If any complaint cannot be resolved to the satisfaction of the customer, we or the customer can refer the problem for conciliation by the Director, The Mail Order Traders' Association, PO Box 51909, London, SW99 0WZ.

 

If you would like to discuss this matter further or if I can help you in any other way, please do not hesitate to either call me on 0116 238 8714, (my working hours are 8am until 5:30pm, Monday, Tuesday, Thursday and Friday), or email me at enquiries@next.co.uk. Alternatively, you can contact our office as detailed below and any of my colleagues would be happy to assist you.

 

Once again, please accept my sincere apologies and I look forward to hearing from you shortly.

 

Yours sincerely

 

OMG I cannot seem to get through to them!!

[vinegarvera]

Any suggestions!!

[vinegarvera]

Surely now I have it in black and white that they are about to contravene the DPA???

[vinegarvera]

Is my next step to contact TS??

[tomterm8]

I would write a formal complaint to next, and contact TS & OFT.

[vinegarvera]

Thanks Tom,

They just seem to be ignoring all my correspondence at the moment!!

[vinegarvera]

Hi all,

I have received this email today,

I write further to your recent email, where you state that you have not received a reply to your initial request for a copy of your credit agreement, since 6th June 2007.

 

As I have sent an email and letter to you since this time, I hope that these have crossed in the post, however, for your reference, I have attached copies of all replies I have sent to you to date.

(No copies attatched)

 

As previously requested, please contact me by 6th August 2006 with regards to your balance dispute, providing the information requested, as after this time, your statements will continue to be sent and payments sought.

 

Yours sincerely

 

 

How can I get it through to there thick heads??????

 

Any ideas what to write next??

[dolphin939]

I have an account with next and been paying 30.00 per month by standing order and today i got a letter off moorcroft asking for the full balance of 331.47 within seven days, i am going to send them a cca, if they havent got my cca do i have to pay the debt? thanx lorraine

[calm1]

NO - in a word! They have to prove that you agreed to the credit they gave you. If they can't then the debt is un-enforceable - it is quite as simple as that. NEXT are notorious for not having these - I hope you are one of the lucky ones'......... Start your own thread and keep everyone updated!

 

Best of luck.

[calm1]

BTW - you also need to put the account into "dispute" so you don't pay anything more until there is some proof. You need to look at other threads, of which I know exist, but can't paste in - go to monopoly23 in "general debt section" - hopefully a very clever person will stick this in for you to look up.

 

Sorry to be crap - but i am doing the best I can!!!!!!!!!!!!!!!!!!!!

[dolphin939]

ok thanx for the advive, how do i post a new thread on here, lol a bit thick x

[calm1]

No, you are not a bit thick - I would love to do this for you - but then it would be in my name! You need to go to the original forum page and start a new thread - it's at the bottom as I remember - I may just bump this whole thing so someone reads and tells you better how to do it!

 

Hang on - I will see what I can do.......................

[calm1]

Yep, scroll down - look at blue box (on left) that says"new thread" click on it and enter your info - ie "ME against next" for example.............

[calm1]

I would also point out that we have now "hijacked" vinegarveras' thread - must not do - sorry to vinegar!!!! I do hope you are not as sour as you sound - although in this day and age - who can't be a little balsamic, at best!!

[vinegarvera]

No Calm I am not sour I must change my username to something a bit softer!!

(only when dealing with these idiots who KEEP IGNORING ME!!)

By the way any thoughts on my next course of action greatly appreciated!!

 

N

[vinegarvera]

GGGGRRRRRRR

 

I have now had this reply, what part of I have not had ANY of the goods dont they understand????

 

 

"Thank you for your reply.

 

I am concerned to hear that you feel that Next Directory has no regard for the law, as I assure you that we are consulting with our legal department on a regular basis to ensure that the information we are providing to you is correct and that our response is fair and reasonable.

 

As I have mentioned in my previous emails, although you state your account is in dispute, as yet, you have not identified exactly which items you claim you have either not received or returned and neither have you forwarded to me any supporting returns documents. However, to give you time to provide this, I have frozen your account until 6th August 2007, after which time your statements will continue to be issued and requests for payment made.

 

Also, you have not claimed that you did not open the account, or have any knowledge of its existence, in any correspondence since you opened your account in December 2000.

 

Therefore, and to confirm again, without a copy of your credit agreement, we are legally entitled to update your credit files to reflect the running of your account, as we have a responsibility to provide accurate information to other credit lending companies.

 

I am also concerned that you feel that I have not provided you with a copy of our complaints procedure. The Customer Relations Management Team deal with all escalated complaints, however, Next also subscribe to the code of practice established by the Mail Order Traders' Association and undertake to deal with any complaints speedily and sympathetically. If any complaint cannot be resolved to the satisfaction of the customer, we or the customer can refer the problem for conciliation by the Director, The Mail Order Traders' Association, PO Box 51909, London, SW99 0WZ.

 

To provide the information so that we can investigate any balance which may be in dispute, please forward any correspondence to myself at the address below.

 

I look forward to hearing from you shortly.

 

Yours sincerely

 

 

[NAME REMOVED] ":mad:

Customer Relations Management Team

 

Can someone help me with a suitabley snotty reply??

Edited May 9, 2009 by alanfromderby