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    My sister has recently fallen ill and has asked me to help her with her financial affairs. She has a Next Directory account that was opened in February 1992. She owes £700. When the account was opened PPI was automatically added to the account. I made a complaint directly to Next that the PPI had been mis-sold. They wrote back, basically saying tough and that I would not be able to refer the matter to the FOS as they were not regulated at the time. The FOS have confirmed this but there is a possibility of making a complaint about the insurer. At the moment I don't have a copy of the policy and don't know who the insurer was. My sister continued to pay a monthly premium until the policy was cancelled by Next in December 2011. In the time my sister has held the account she has paid PPI premiums of £1,322.21. In all probability the policy was never suitable for her as she has been an insulin dependent diabetic since September 1981.

    Following receipt of their letter rejecting my complaint I wrote to them requesting a copy of CCA. I have today received a letter enclosing:

    1) True Copy Credit Agreement
    2) Current Copy Credit Agreement
    3) Statement of account.

    The letter goes onto say that they will continue to seek payment even though they can't produce the original CCA. I note from the statement that she paid total interest of £2,592.94. I am not sure of the best way to proceed and would appreciate any advice as to the best course of action.

  • #2
    Re: Next Directory

    Regards the reclaim etc, that's unfortunate that it was pre FOS but if they were part of gisc etc then it may affect things.

    Best send a pm to our moderator called Di30 as she's our reclaim guru and point her here

    I'll look at the enforceability element for you but I know it's ue from your post so really I don't need to see it.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

    Comment


    • #3
      Re: Next Directory

      Thanks for your reply. I have pmed DI30 as you suggested.

      Comment


      • #4
        Re: Next Directory

        Hi Spencer & welcome to AAD

        Thank you for your PM and Cheers Niddy.

        In regards of finding out who the insurer/underwriter is, you will have to write to NEXT, and ask them to send you the Policy details (they must send these on request) and this is not always something you will receive when the account was taken out, only if you were to make a claim for the reason it was supposed to cover for.
        The name of the insurer/underwriter and always enclosed in the policy booklet details.

        Is the account still active?
        Not that that matters, but they should therefore still hold details of the account and it should not be a problem in them sending you the policy details.

        When you receive these in the post, you need to pursue these the way you did with NEXT, if they reject your complaint, again complain to the FOS.
        Please note - unlike the lender/broker who were not then regulated at the time this was taken out, the Underwriter/insurer, it's a possibility these were, so the FOS are able to take on the complaint and investigate the relationship and involvment of the insurance, of when it was sold.
        This is another avenue the FOS suggests in trying to get back the money.

        You could though ask the FOS to write to the insurer on your behalf, as soon as you receive the policy booklet details.

        Hope this helps, but ask for further help if required, good luck.

        Comment


        • #5
          Re: Next Directory

          Also to add the link to the Reclaiming section for you.......

          http://forums.all-about-debt.co.uk/f...splay.php?f=33

          Comment


          • #6
            Re: Next Directory

            ^^^^ you make it sound so easy - thanks as always Di
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment


            • #7
              Re: Next Directory

              Thanks di30 I will do that tomorrow. In the meantime what action should I take with regard to Next and their pursuit of the £700 debt.

              Comment


              • #8
                Re: Next Directory

                Not a problem, just happy to help.

                Cheers Niddy not a problem.

                Comment


                • #9
                  Re: Next Directory

                  The £700 next debt - send this:---> Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment


                  • #10
                    Re: Next Directory

                    - and obviously stop all payments and NO phone contact!
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment

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