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[shamen]

Yay for these fools. They gave my wife a default for the paltry sum of £100 while she was in hospital over a period of three months. She notified them of being partially sighted which they ignored. Wife immediately paid it off when she came out and has since written to them explaining the situation with the hospital, their discrimination by not sending bills and notices in large print and asking for some leniency.

No way, says mrs customer manager at Next. While she "appreciates" wife was in hospital, there's nothing they can do as she did indeed get a default. they didnt respond to the bit about large print and ignored her. They send their thanks the account was paid off and consider this their 'final' response and we could take it up with the FOS. Ironically their response was not in large print, even though a basis of the complaint was they were ignoring her requests for large print.

In response to the CCA request section of the letter my mrs wrote, they have returned a credit agreement (not signed) but claimed to be a 'True copy' as well as what they call the 'default notice'. Can you guys look it over? It looks nothing like a prescribed default notice and no 'start date' just a month they say it was sent.

default notice is here:
http://www.b3tards.com/u/02a841467ca2f73e9da0/def.jpg

We have SAR'd them.

Basically, the account is closed and paid off. The default is on there for 100 quid and now our attempts to get them to fix this amicably have failed, we were hoping to get some pointers of what to do next.

Can we challenge the default as inaccurate data - the default notice looks nothing like it should? Some kind of discrimination due to not sending anything in large font?

Hopefully when the SAR comes back, there will be no signed CCA either.

[shamen]

Re: Next directory

We contacted the RNIB about the large print issue, looks like one of their solicitors is going to take this on to get settled.

[debtisbad]

Re: Next directory

Excellent news. It is sick that Next abuse disadvataged customers like this for a quick profit.

[shamen]

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The RNIBs solicitor came back to us today and will be pursuing Next for this along the lines of not sending anything in large print. Interestingly, Next's SAR response came back today - even though we have complained to them about the large print issue and notified them several times, even that response was not in large print. ALL references to her sight problems are not in the notes - even the last letter it just said 'customer thought default unfair' even though we have written proof of them being notified several times. Its almost like its been removed from her records.

Three copies of a CCA - all different insofar as the terms contained within them differ. Whats interesting is they are all blank - no name, no address and no signature (though the CCA s78 request they returned had a name and address on, but no signature)

What they are calling the default notice is the same thing I linked earlier in this thread. Looks to be somewhat incorrect, wouldnt you agree?

No notice of assignment even though the account records they supplied clearly show that the account was credited with the full balance on <date> and 'account transferred to debt agency' then 'balance written off' (same day).

Weird.

[basa48]

Re: Next directory

You are right it does look nothing like a default notice. That is because it isn't a default notice. It is simply a nasty threatogram asking you to pay £43.21 which I presume is an overdue payment.

If they have subsequently closed the account and assigned it (sold it) to a DCA without a compliant default notice you are only liable for any arrears on the account, not the balance. They have in effect repudiated the contract.

Also it is interesting they do not seem able to supply an agreement either.

I sorta hope you owed them a bunch of cash, because by my reckoning they just forfeited the lot!!

[shamen]

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dont owe them a penny at this stage. Wife owed them 116, when she got out of hospital and found the letter, she paid immediately. Both of us believe in paying for what we have had (although we do draw the line at excessive interest and/or charges). The only time we fight is when something has happened incorrectly, excessively, without or knowledge/consent, or if something has adversely affected us when it should not have (which we firmly beleive to apply here)

At this point its just a fight to remove the default. she had a 950 ish credit score until they did this. The RNIB solicitor said perhaps to go for compensation for the discrimination, but id consider the default removal result worthy of more than any initial financial compensation.

[Amethyst]

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It wont be a default notice because there was no agreement signed. I got similar and I know for a fact there was no credit agreement signed (mainly cause I thought I was going to pay by card then they suddenly said order confirmed without giving any opportunity to pay, and the credit agreement came in a parcel with the order (and then was put in the bin)) They passed it to Lewis who doorstepped me lol, then Next sent me a letter same as yours.

I think you are on the right track with the RNIB discrimination asking for the removal of the default rather than financial compensation.