Next Directory Cca Made Up With Other Persons Details

[millymollymoo]

Hi I gave up on next Directory in Early 2009.

However a few days ago I decided to look through unfinished claims after a long illness. I looked at the CCA supplied by Next as the apparent True Copy.

- The copy they sent me had my current address on it and not the address I lived at in 2001. It has my account number at the top.

- On the second page not only does it have my current address but someone elses account number :tinysmile_aha_t:
- The agreement is unsigned

This is quite obviously doctored surely, as someone acting unlawfully in my opinion has made the whole thing up on a computer and made quite glaring mistakes.

I sent hem an email regarding this golden nugget as I have DEFAULT filed which I want to get removed if possible.


I received a letter today which I will post up later which basically said 'an administration error' followed by another credit agreement with the original address - blank and unsigned, the letter states they have no signed agreement on fileand will not be able to enforce.


* LOL I KNOW WHO SENT THE DOCTORED CCA WENDY PENLINGTON OERATIONS MANAGER







They also state that under Schedule 2 (6) of the Data Protection Act they are allowed to process my data. On what basis as they agree that they have no signed agreement on file.


Now what does anyone suggest. I have a document in my hand that is doctored clearly and an attempted cover up letter , with another CCA with the right address on it now and the account number on the next page matching.

I thought there was a case about RBS doing this which caused a big hooha??


Milly X

[TUTTSI]

Re: Next Directory Cca Made Up With Other Persons Details

Hi Milly

I think you were either thinking of Sparkie http://www.legalbeagles.info/forums/member.php?u=4775 or possibly Paul Wilton they both had mega problems with RBS.

Give Sparkie a PM as he is ironically starting posting here the same time as you did hun.

It certainly looks like a conjured up document, mistake I think not tbvh, had they have got away with it maybe. Good job you were very sharp and picked up on it.

Other than that maybe one of the others will be able to advise you the best way forward.

Tuttsi xx

[millymollymoo]

Re: Next Directory Cca Made Up With Other Persons Details

Hi Milly

I think you were either thinking of Sparkie http://www.legalbeagles.info/forums/member.php?u=4775 or possibly Paul Wilton they both had mega problems with RBS.

Give Sparkie a PM as he is ironically starting posting here the same time as you did hun.

It certainly looks like a conjured up document, mistake I think not tbvh, had they have got away with it maybe. Good job you were very sharp and picked up on it.

Other than that maybe one of the others will be able to advise you the best way forward.

Tuttsi xx

Thanks Tuttsi I will

Milly X

[Sparkie1723]

Re: Next Directory Cca Made Up With Other Persons Details

Hiya Milly,

Ther are a few things you can do about this ......not to mention the Counterfeit Act, ...the New Faud Act, ....the Civil Evidence Act,..... Data Protection Act, .......the MIsrepresentation Act and of course the Consumer Credit Act....will have a think and get back to you via PM if thats OK..

Also forgot the Libel Act of course re the default entry

Sparkie

[ODC]

Re: Next Directory Cca Made Up With Other Persons Details

How can they prove this is a TRUE COPY of the original when they cannot find the original.

[basa48]

Re: Next Directory Cca Made Up With Other Persons Details

You may have a problem with the default marker on your CRA files.

The ICO at least maintain that if you have any sort of financial relationship with a provider, regardless of whether or not there is a valid credit agreement, the provider has a right to record the behavior of the account to CRAs.

I had a catalogue account with no paperwork signed at all. They defaulted me, but the ICO reckoned any financial history was enough to allow them to record it with the CRAs.

[millymollymoo]

Re: Next Directory Cca Made Up With Other Persons Details

You may have a problem with the default marker on your CRA files.

The ICO at least maintain that if you have any sort of financial relationship with a provider, regardless of whether or not there is a valid credit agreement, the provider has a right to record the behavior of the account to CRAs.

I had a catalogue account with no paperwork signed at all. They defaulted me, but the ICO reckoned any financial history was enough to allow them to record it with the CRAs.

Yes I know its apparently very hard to get Defaults removed, maybe abit of leverage concerning the doctored document, might help here Well its worth a go anyway.

Milly X
------------------------------- merged -------------------------------

Hiya Milly,

Ther are a few things you can do about this ......not to mention the Counterfeit Act, ...the New Faud Act, ....the Civil Evidence Act,..... Data Protection Act, .......the MIsrepresentation Act and of course the Consumer Credit Act....will have a think and get back to you via PM if thats OK..

Also forgot the Libel Act of course re the default entry

Sparkie

Thanks Sparkie

[millymollymoo]

Re: Next Directory Cca Made Up With Other Persons Details

When I get a chance I will post up the letter that came with the doctored agreement a while ago, that clearly stated that it was the copy of the agreement I took out

Talk about dropping themselves in it:tinysmile_aha_t:

[Angry Cat]

Re: Next Directory Cca Made Up With Other Persons Details

How can they prove this is a TRUE COPY of the original when they cannot find the original.

Presumably, they hold the correct copy of the inception T&C's?

[millymollymoo]

Re: Next Directory Cca Made Up With Other Persons Details

Okay here is the original letter which came with the doctored CCA (also attached)




The doctored CCA

The address I have erased but this is my current address and I moved here in 2006


Look at the Customer Number on the right on page 1 :tung: I have left just enough so that you can see on page 2 that it is different.







This agrerement is dated 23 April 2001, the next has no day just the month and year and they have slotted in the original address and the right customer number. Different font.


So funny as if you read the letter it quite clearly states that this is a copy of the Credit agreement that was issued to you when the account was opened on 23rd April 2001 Go pass Go and straight to jail ha ha

[millymollymoo]

Re: Next Directory Cca Made Up With Other Persons Details

Here is the NEW changed CCA that arrived today .

On the DATE the Day is missing on each page (no 23rd), and the original address is now on this one as well as the account numbers being correct.

[millymollymoo]

Re: Next Directory Cca Made Up With Other Persons Details

Presumably, they hold the correct copy of the inception T&C's?

Okay here is the original letter which came with the doctored CCA (also attached)

The address I have erased but this is my current address and I moved here in 2006

Look at the Customer Number on the right on page 1 :tung: I have left just enough so that you can see on page 2 that it is different.


This agrerement is dated 23 April 2001, the next has no day just the month and year and they have slotted in the original address and the right customer number. Different font.


So funny as if you read the letter it quite clearly states that this is a copy of the Credit agreement that was issued to you when the account was opened on 23rd April 2001 Go pass Go and straight to jail ha ha
------------------------------- merged -------------------------------

Presumably, they hold the correct copy of the inception T&C's?

The doctored CCA had no T&C's - the new one sent today has current T & C's.


Milly X

[Sparkie1723]

Re: Next Directory Cca Made Up With Other Persons Details

The Fourth Principle of the Data Protection Act 1998 states
" Personal data shall be accurate and, where necessary, kept uo to date
Data are inaccurate if they are incorrect or misleading as to any matter of fact".

The info supplied and held by the CRA's about you and your account breaches this Principle as it is incorrect as to matters of fact.

The Fourth Principle is the only Principle that you can claim damages under (with some ease) if you use the case law below ...you can be awarded substantial damages,

Relevant Case Law
King v British Linen

Wilson v United Counties Bank Ltd 1920 A. C. 102

Kpohraror v The Woolwich Building Society 1996 4All ER 119

Durkin v RSG and HFC Bank

Also this is what the ICO says about defaults while a dispute is still ongoing.

43 If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed. Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing in that they do not provide meaningful information about the creditworthiness of the customer.

Hope this is of some help.

Sparkie

[millymollymoo]

Re: Next Directory Cca Made Up With Other Persons Details

The Fourth Principle of the Data Protection Act 1998 states
" Personal data shall be accurate and, where necessary, kept uo to date
Data are inaccurate if they are incorrect or misleading as to any matter of fact".

The info supplied and held by the CRA's about you and your account breaches this Principle as it is incorrect as to matters of fact.

The Fourth Principle is the only Principle that you can claim damages under (with some ease) if you use the case law below ...you can be awarded substantial damages,

Relevant Case Law
King v British Linen

Wilson v United Counties Bank Ltd 1920 A. C. 102

Kpohraror v The Woolwich Building Society 1996 4All ER 119

Durkin v RSG and HFC Bank

Also this is what the ICO says about defaults while a dispute is still ongoing.

43 If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly if a default has been filed. Defaults filed in these circumstances may also be inadequate for the purpose of credit referencing in that they do not provide meaningful information about the creditworthiness of the customer.

Hope this is of some help.

Sparkie

Hi Sparkie

Many thanks for this information


By the way thinking about the letter I received yesterday .

How can a Default be Issued anyway on an account, where they admit in the letter that they have no credit agreement on file.

Surely there can be no breach as nothing was ever received or signed.

Also looking at a statement of account the interest total they charged was £1700+ that would cover the alleged debt twice. My thoughts being no agreement then who agreed to interest having to to paid???

This alone with the fact that they doctored an agreement

[Sparkie1723]

Re: Next Directory Cca Made Up With Other Persons Details

Hi Sparkie

Many thanks for this information


By the way thinking about the letter I received yesterday .

How can a Default be Issued anyway on an account, where they admit in the letter that they have no credit agreement on file.

Surely there can be no breach as nothing was ever received or signed.

Also looking at a statement of account the interest total they charged was £1700+ that would cover the alleged debt twice. My thoughts being no agreement then who agreed to interest having to to paid???

This alone with the fact that they doctored an agreement

The breach of the Fourth Principle is the fact that all the information is completely inaccurate.
Even if everything else was correct ...the fact that the figures are wrong makes the data supplied to the CRA is inaccurate as to the matter of fact

Sparkie