Thread: Advice Please, La Redoute cca Request

Welcome to the CAG forums Blossom....

Send this recorded to Call Serve / Debt Managers, despite you having sent the CCA request (enclose a copy of the recorded delivery slip to prove you sent it) by sending it recorded you have made more than a reasonable attempt to get it to them....

ACCOUNT IN DISPUTE
Dear Sir or Madam,
Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be
resolved on **DATE**, this obviously hasn’t happened.
As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully


Then send this letter to La Redoute (also recorded) this is the letter to send if they fail to send you a copy of your agreement within 12+2 working days of your original request...

http://www.consumerforums.com/resour...timescale.html

Start a new thread for each situation Blossom, as this thread could become confusing.....send this letter by recorded - http://www.consumerforums.com/resour...-the-debt.html

You might like to add that you have categorically NEVER held any sort of account with Shop Direct or Littlewoods

I'm back, it's been a little while! Royal Mail didn't bother delivering my first cca request to La Redoute so I couldn't prove they'd received it, I sent another and a follow up reminder but the very next day, I received their reply - with an agreement I've never seen before! ? It's just a standard brand spanking new agreement, the APR etc are all mentioned I think, looks like new literature but I've never seen it so not sure and it certainly doesn't have my signature.
I will scan the letter and doc asap and re post. Could I have some advice what to do next please? thank you!

if it not signed then how can they say its urs?

yep send them a non complaince letter i will post a link to one.

Red cats still own them i see they are easy to make fold as i had 2 accounts with them one sent me a standard agreement like that the other a booklet.

Dear Sirs,
Acc Number XXXXXXXXXXXXXXXXXXXX
Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.
The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.
My request for this information remains outstanding.
Your letter dated the xx/xx/ 2007 is somewhat confusing and does not appear to be in direct response to my request. You <put hear what u got in reply EG a blank form> In addition you quote “This information will also form part of your records at the Credit Reference Agencies where we share information. This information will remain on your Credit Reference File for 6 years.” again I have to question what relevance this is to my statutory request.
As things stand I have requested disclosure pursuant to the Consumer Credit Act 1974 section 78(1). You have failed to comply with this request and are now in default of your statutory obligations under the Act. As a result of this I am withholding payment under the provision of s78 (6) CCA 1974 until you actively engage me in discussions to resolve this dispute, something that you have to date completely avoided.
Therefore I respectfully request that you clarify if you will be complying with my request for a true copy of the executed agreement covering this account, if not I respectfully request that you confirm if you do indeed hold the requested documentation to allow me to assess how best to deal with this dispute.

Should you ignore this request you will leave me not option but to make formal complaints to the OFT, fos and Trading Standards. In addition l cannot rule out the prospect of legal action to prohibit you from processing my data should this attempt to resolve this matter be ignored.
If I have not received response within 14 days of you receiving this letter l will start making my complaints.
Please don’t ignore this letter, If you don’t understand it please pass it on to someone who will.
I look forward to your reply.

Your Faithfully.

BLAH

Print dont sign send Recorded delivery edit where needed

yw

Great advice from GM....If the account is less than 6 years old then you could try this - as by law they should keep a copy of your signed agreement to comply with the money laundering regulations - http://www.consumeractiongroup.co.uk...tml#post935411 - OR this one -

Thank you for your response to my request under the Consumer Credit Act section 78.

I am pleased to see that you confirm this as a true copy of the original agreement executed by yourselves on the XXXXX.

As you must realise this agreement does not conform to sections 60(1) and 61(1) of the Consumer credit Act and is therefore unenforceable under section 127(3) of the same act.


You had until (date here) to provide me with the true copy I requested. After that date you entered into default of my request and I am therefore advising that the matter is now in dispute . Whilst the matter is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, make any further charges to the account or pass the account to anybody else.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies including any defaults. Should you refuse to comply, you must within 21 days provide me with a detailed Breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

well you can either wait for 21 days after the date u recieve the letter.

you could send the trespasses will be shot letter or you could wait to see what debt managers do. I am assuming they have contacted you in regards to this?

they have no evidence you agreed to repay any alleged debt so sending it to a DCA is breaking the CCA as that is classed as enfocing the alleged debt.

Also they have admitted no CCA so court action would no really be a good idea.

I will look in my libary and see what i can find.