Next Directory, help required please.

[Yasmin]

Hi,

 

I have had the same problems with Next. Some very amusing, contradictory letters! Have given up corresponding with them now. It's just a waste of time. I sent a complaint to the OFT at the end of June and have also reported them to , The Mail Order Trader Association. You would have to go through Trading Standards and they will give you a reference no. Let me know if you need any details.....

[VikkiB]

Update on my situ... Next totally ignored my letter, they definitely received it as I sent it recorded. Today I have received a letter from 'Debt Management Ltd' a 'urgent final demand' for the full amount owing to Next. What do I do now?!!

[mamatemi1]

Please ignore all threats demands etc. If you like you can send them a letter before action highlighting the breaches under the data protection act and effectively extortion. That should make them calm down.

 

Seriously, send them a reminder of the letters you have sent them in order to try and get to the bottom of the matter and their lack of appropriate response.

 

The calmer you are, the calmer they will become and hopefully eventually float away.8)

[chopkins]

I have been follwing this thread as my situation is almost identical to that of Vikki's, I have been paying Next Directory £50 per month as my income has been reduced and that's all I can afford however this isnt good enough for Next Directory and after all manner of threatening phone calls, I cca'd them, we're now on day 14 and nothing has arrived, do I contact them or keep quiet and see what happens?

 

Thanks

Karen

[Mike220359]

Karen I would wait until the prescribed time is over.

 

Unfortunatly Next behave in the most aboniable way toward customers who know the law. They know the law too, but unless you take them to court, they choose to ignore it. Its up to use to take them to court to get them off our backs.

 

I dont know whther you know of the Wilson vs First County Case, basically she pawned her BMW, reneged on the deal then said that original agreement didnt comply with the CCA, took them to court kept her car and the money she borrowed as well all because the agreement was invalid. Now think what would happen if you took NEXT to court they wouldnt have a leg to stand on, and they know it.

 

As the old roman military strategy goes the best form of defence is attack and that is what next does. As an aside, and I havent read this particular thread through, but I have mentioned it on others, NEXT have a very odd way of caluculating interest, its printed on the back of your monthly statment, the amount of times that the interest charged does not tally with the (on the face of it) very simple calculation. Report them to TS if yours doesnt tally.

 

Mike

[linz2011]

Hi

 

Next sent me a letter saying they were discharging the debt and it was not longer going to be pursued but I am still trying to get the default removed which is proving very difficult

[Mike220359]

I'm afariad that you are going to have to take them to court or use the DPA

[vinegarvera]

Update

Have received this reply:

Thank you for your email dated 28th July.

 

I am very concerned to read that you still dispute the balance on your account,

despite our previous correspondence, which you have acknowledged by replying

directly to me.

 

With regards to your credit agreement, again, I can confirm that we do not hold

a signed copy of this, and therefore we will not pursue your debt through the

courts. However, the debt remains as you have not provided any evidence that

you either did not open or run the account, did not receive the items ordered or

that you have returned them. Therefore, we will continue to pursue the debt

through a debt collection agency, and we will not remove any factual information

from your credit files.

 

Turning now to your request for Next to cease processing your data in accordance

with the Data Protection Act, I can advise that Section 10 only requires Next to

cease processing where continued processing is causing, or is likely to cause,

substantial damage or substantial distress, and any damage or distress is, or

would be, unwarranted. IS this true???

 

Next Directory is processing your personal data, which is an accurate account of

the way you have managed your account with Next Directory. You have consented

to the processing of your data in this manner by accepting the Terms and

Conditions of trading. As such, Next Directory does not accept any continued

processing would cause unwarranted damage or distress. Your personal data will

therefore continue to be processed by Next Directory and the Credit Reference

Agencies. Other third parties that may have received your data, will only have

done so for the fulfilment of orders, (continued processing would only occur if

you place further orders), and to enable our approved representatives to recover

any monies outstanding.

 

To reiterate our position, we are satisfied that the information recorded on

your credit file is accurate and deny that it has been registered unlawfully. We

are therefore not able to comply with your requests to remove the balance from

your account, to cease pursuance of the amount owed through a debt collection

agency, nor to remove factual information from your credit files.

 

If you decide that it is in your interests to pass the matter to a third party

to investigate, we would, of course, fully co-operate with them and reply to

them directly. However, given that we have now fully confirmed our position on

numerous occasions, we do not feel that it would serve any purpose to continue

corresponding with you regarding this matter.

 

Help!! what now???

I think I need to contact the powers that be. Any help from someone who has already been down that road will be greatly appreciated!!

[VikkiB]

I have received another letter this morning from the Debt Management company informing me that they are going to come round to my house!!!! This has scared me somewhat!! What should I do now? I don't want my teenage son answering the door to someone from a debt company while I'm out at work!! Can someone please let me know which letter I can send to this company to get them off my back? as I've said all along, I'm not trying to avoid paying this debt and tried to arrange a payment plan with Next etc, they have no credit agreement for me and ignored my last letter to them and forwarded my details on to this debt company....Please help as this is really stressing me out, I know that is their intention and it is working!

[smartmartian10]

Vikki I had the same last week. Sent Debt Management a copy of my CCA requests to Next and confirmed that Next did not have a Credit Agreement. They wrote back 2 days later and siad the file was closed and they had passed all paperwork back to Next. No one called either, it is just scare tactics to make you ring and pay them.

[VikkiB]

Vikki I had the same last week. Sent Debt Management a copy of my CCA requests to Next and confirmed that Next did not have a Credit Agreement. They wrote back 2 days later and siad the file was closed and they had passed all paperwork back to Next. No one called either, it is just scare tactics to make you ring and pay them.

 

So, should I send them the copy of the letters I sent Next, the one reply off Next I got, stating they have no credit agreement and hopefully they should then leave us alone? Phew!!

 

Thanks for your help

 

Edited to add... I'm going to send them the letters etc and put in this covering letter, does this sound okay?

 

Dear Debt Management,

Please find enclosed all correspondence I have had with Next regarding this matter, they have stated clearly that they have no credit agreement for my account so according to the Consumer Credit Act 1974 they have no method of legally enforcing this debt.

I look forward to receiving your reply regarding this matter.

Yours sincerely,

James walker

[rory32]

Dear Sirs,

Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending “doorstep callers” to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Should it be necessary, I will obtain an injunction.

 

Yours sincerely,

[vinegarvera]

GRRRRHHH

Next have just sent me a statement with a red box at the top:

ATTENTION ARREARS

You must make an immediate payment of £XXX.XX.

or contact us on 0844 8448264.

FAILURE TO ADHERE TO YOUR CREDIT AGREEMENT MAY RESULT IN YOUR CREDIT RATING BEING AFFECTED.

 

Credit agreement???? Wot credit agreement????

They have already admittee they dont have one - yet they continue to harrass me- I havent had the goods- I have asked THEM to prove that I have!!

My Hubby now said why dont I call them, ask that the call is recorded adn ask them to confirm that they dont have an agreement and then ask them why they state they do on the statement!

What do you think?

[Yasmin]

Hi Vinegarvera,

 

As they have admitted they don't have an agreement, I would be inclined to pursue this through their regulators. Have they defaulted you? I personally think it is a waste of time continuing to deal with them direct. It's all been said, so you are just wasting time going back and forth! Give Consumer Credit a call and see what they advise, if you are unsure? I am pursuing my case through the regulator and also the OFT. If you need any information, just ask and I will post, if it's any help....

[vinegarvera]

I am in the process at the moment, I have sent copies of all correspondence to the FO and am awaiting response.

[linz2011]

Hi Yasmin

 

I will be very interested in what you have sent to the OFT - I am no longer corresponding with Next as they are just sending the same letter

 

Thanks

[Yasmin]

Hi Linz2011,

I meant to say the Information Commissioners Office . I have a few things going on at the moment! They are still processing my data and have refused to remove the default even though they have written to me on at least two occasions acknowledging that they do not hold an agreement etc..etc..

I went onto the site Complaints and filed my complaint online. I just sent them all the relevant correspondence and told them the background of the complaint. I received an acknowledgment by e mail, but not straightaway. They are incredibly busy so I don't expect to hear again for at least another month.

I also complained to Nexts Regulators, the same process really. If you need those details just give me a shout.

[chopkins]

Im in the same postion as a few of you, Ive had the letter stating 'no credit agreement' Ive just received a statement stating 'failure to adhere to your credit agreement will result in your credit rating being affected' (what credit agreement) Ive sent the letter off today that is posted a few pages back, offering to make a payment of £15 per month, but my problem is at the moment that they're calling every evening demanding payment, last night I told them that I would only correspond with them in writing, and they threatened me with a DCA, now am I correct in thinking that without a Credit agreement they cant hand my details over to a DCA?

 

Also what should I say to them when they phone again?

[vinegarvera]

Also just noticed that despite sending the £1 postal order for provision of CCA NEXT have taken it off the balance even though they have admitted no CCA????

Anyone have a STRONG template letter to advise No CCA no £1 please return!!

[vinegarvera]

Anyone?

[PKea]

I have one i sent to Moorcroft, i will dig it out for You

 

Is the 12 days up yet?

 

PK

[PKea]

DEFAULT UNDER THE CONSUMER CREDIT ACT 1974

 

FAILURE TO PRODUCE AGREEMENT

 

Dear Sir/Madam

 

Ref: xxxxxxxxxxxxxxxx

I wrote to on 1st June 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a £1.00 cheque (no 100048) as the fee payable. This letter was delivered as you have acknowledged receipt of the payment and cashed the cheque.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on 21st June 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on 21st July 2007 this time limit will have expired.

 

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to the same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence. As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

 

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (21st June 2007)

 

 

Data Protection Act (Data Protection Act 1998

 

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

 

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

If you are unable to supply any information you are also required to return the £1.00 fee that was paid, as you have not provided the information for which the fee was levied.

 

Yours faithfully,

 

[linz2011]

Hi

 

Great letter

 

Can I ask a questin Yas - what did you put in your particulars of claim to have your default removed - thanks

[Yasmin]

Hi Linz,

 

I haven't started a claim against Next, as yet....I was waiting to hear from the ICO and the regulators. Thought I would go that route first as I have other Court action pending.

 

I think I am following the correct procedures here, so if all else fails...........

 

If you are issuing a claim, let me know how you get on. I would be interested to read their defence...ha

[vinegarvera]

OOOH so would I Yas, I am going to sue the pants off them but I am waiting until I gat back from hols in September in caseany official paperwork arrives while I am away.

 

Thanks PK the 42 days were up long ago, Thanks for that letter although I had sent that to them ages ago even thought they ignored it.

They just keep sending my statements out with ARREARS

ATTENTION ARREARS

You must make an immediate payment of £XXX.XX.

or contact us on 0844 8448264.

FAILURE TO ADHERE TO YOUR CREDIT AGREEMENT MAY RESULT IN YOUR CREDIT RATING BEING AFFECTED!

They now have a credit agreement??? I despair!!