New Look reply to CCA

[animal_lover]

Please can anyone take a look at the letters New Look(Ikano) have sent regarding my CCA request. Any advice would be great


http://i157.photobucket.com/albums/t...cuments002.jpg

http://i157.photobucket.com/albums/t...ments001-1.jpg

[rory32]

So no credit agreement then and they admit that they don't have a copy of it. Lucky you.

[Rooster-UK]

If you have CCA'd the company, they have 14 days to comply with your CCA, after which, they cannot enforce the debt until they do comply.
After 30 days if they have not complied, then they commit an offence.

There is a letter template for this, but I can't put my hand to it.
I will transfer this thread to the Debt Forum, where you will get the advice that you need.

Regards, Rooster.

[ScarletPimpernel]

Essentially, the creditor has saved you having to wait for the 12 working and 30 calendar days for them to comply with your request.

I'd be inclined to send them a short missive:

Dear Sirs

Thank you for your letter dated 02 July 08, in which you confirm that you are unable to comply with my formal request pursuant to s.77/78 of the Consumer Credit Act 1974.

You will be aware that where a creditor is unable to comply, the provisions of s.77(6) apply.

It is, of course, not possible to default on an agreement that does not exist; additionally, unless you are able to provide substantive evidence of my express consent to process and/or share my data, I require you to confirm that you have ceased processing my data, and that you have removed any default notice from any credit reference agency files.

I note that you have omitted to return the fee I paid you for the s.77/78 request. Since you have failed to comply, you should return my money without delay.

Yours etc.

Incidentally, the Consumer Protection from Unfair Trading Regulations 2008 removed the summary offence from the CCA 1974, but does appear to provide some useful legislation to slap these throbbers with, should they not play nicely.

[animal_lover]

Thanks for all your advice, I just wanted to add that the account is now closed and has been paid from a refund of charges that i didn't request that they said i did. I just wanted them to remove the default.

Is it still ok for me to send the letter

[zazen.warrior]

I don't see why not.

[animal_lover]

Thanks

[animal_lover]

I've recieved a reply to the above letter i sent, they are currently doing an investigation into it and will contact me shortly.

[animal_lover]

I'ts now been over two months since New Look started there "investigation" and they still haven't resolved it. I keep getting letters supposed to be everyweek but it's about every 10 days telling me where there upto but it's always the same thing.

Is there anything i can do to hurry them up

[animal_lover]

Any ideas would be great, Thanks

[Pinky69]

I would just ignore them as this isn't going anywhere so they can investigate all they like and it is no skin off your nose. The only reply they require now is a bog off letter if they start to pursue you for payment.

[dpick]

I would also check you CRA file to see if they have applied a default on the account.

dpick

[animal_lover]

Hi, they have put a default on my account that's why i sent the CCA request they wrote back to say they have the default notice but they don't have my credit agreement. that's when i sent the letter posted a few posts up for them to remove it, But it's been over two months and i'm still getting the same reply everytime. That they are still looking into it and it should be resolved quickly.
Thanks

[animal_lover]

Bump, Anyone

[animal_lover]

Bump - can anyone help me please

[smt37]

Complain to TS and the OFT and ask New Look for a copy of their complaints procedure. Once you've complied with it and waited eight weeks, you can complain to the FOS (and New Look will have to pay for the priviledge of getting investigated by them).

The default notice is also invalid!

You should at least send them a S. 10 Notice under the Data Protection Act 1998 as they have nothing saying they can process your information and then complain to the Information Commissioner's Office.

Bombard them with all this and they will probably bogof!

[animal_lover]

Thanks,

They have already sent me a copy of the complaint's procedure with a previous letter, But i will complain to TS and OFT about it.

Where can i get a s.10 Notice?

Thanks

AL