Hi All I need help with next and their credit agreement and default!

[caledonia2]

Hi all,

I live in Scotland and I need help with a problem I am having with next. According to my credit file next entered a default against my name for a supposed account I had with them between 05/08 I do not have any recollection of this as a result I asked them to provide me with a signed executed credit agreement. I then got a reply back after providing them with the address via e-mail. The reply I received was an email from the customer relations manager who said unfortunately we do not have an original signed credit agreement on file or a signed credit agreement on file So I have provided you with a true copy sufficient under section 78 of the consumer credit act 1974. Sure as fate she provided me with a scanned copy of a credit agreement that could be for a next card or a catalogue on it there is just a typed account number and my name and address.

There is no signature on the agreement. By the way I provide a copy of the email and agreement with my personal details removed. My question to you is can next legally enter a default against my name if there is no signed agreement on file. Further to this I believe they may have breached the data protection act the reason I believe this is I know when I applied for my bank account it had a section saying about your information in which on the agreement it states we may pass on your information to a credit reference agency for purposes of account management or words to that affect. It then tells you by signing the credit agreement you agree to them doing this. Next However do not state that they may pass on information to a credit reference agency on their contract all it states is they may sell on the debt to a debt collection agency.

My Question is can I legally have this default removed as next admit they don't have a signed credit agreement on file. Also can next really register a default against my name if they have not enclosed a data protection statement in the agreement or in this case where there is no signed credit agreement and they haven't mentioned sharing this information with a credit reference agency? Am I able to get this default removed as a breach of the data protection act as they neither have a signed credit agreement or a signed agreement with me to share that information with a credit reference agency. I provide a copy of the blank agreement they sent me and the email so you can study it further to provide me with some help on this matter. The credit agreement is under ca 7 note personal information has been removed for security.

I hope you's can help me!

[Amethyst]

Re: Hi All I need help with next and their credit agreement and default!

With Next not having the agreement and you not recalling the debt it is likely that you ordered just a couple of times (and seeing the statements would confirm this), in 2005 I believe Next took your order online and sent a credit agreement to you with the order to sign and return, which possibly just got thrown out with the rest of the bumpf they send. Therefore there is no credit agreement and they should be put to strict proof that there was indeed a credit agreement on the account.

Without this all they can ask from you is payment for the goods which you purchased originally. Not interest or charges etc which are contained in the agreement.

Theres some people on here far more experienced with Next CCA issues, I'm just speaking from my own experience. They should also be able to assist with the CRA reporting issue.

I would be inclined to send a full Subject Access Request to see the history of the account.

Hope that helps for the moment Ame xx

[caledonia2]

Re: Hi All I need help with next and their credit agreement and default!

Thanks for the reply I must say I found it strange when I looked at the credit agreement and there was not data protection statement stating they have the right to share your information with credit reference agencies I thought they had to have this on the agreement before they could pass on your information. I Shall put next well and truly to task re their credit agreement. I am aware new rules came into force in Scotland requiring next to have to be able to prove an agreement exists by providing the certified executed credit agreement. I made a complaint to the credit reference agency based on next email stating that next do not have the right to register a default against me and I have instructed them to remove it immediately providing them with a copy of the email stating next does not have a signed credit agreement on file.

I warned the credit reference agency they do not have the right under data protection laws to record this information. I am just waiting back to see from them to see what they say. I have asked next to provide everything including proof of delivery but I doubt they will have this on file.

[khunter81]

Re: Hi All I need help with next and their credit agreement and default!

I am in a similar position. Next registered a default in 2006 against myself and I have only just noticed it on my file. I too have not signed a credit agreement and wonder if you were successful in getting your default removed under these grounds?