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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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LPF - littlewoods [barclaycard] credit card question


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i sent these guys a cca request in december, for which there has been no agreement sent, only letters every 6-8 weeks telling me they thank me for my patience and they will write again soon.

i am getting statements of the account monthly, saying that mercers dca are in charge of the account, ppl who i have never had any correspondance from. i know they have now commited an offence, and my question is, what should i send them now? can i ask that they stop communicating with me and remove my details from their systems?

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Hi Ya!

 

Good news on CCA no show :D

 

Have you read any of the other Littlewoods threads? You could use the search button above. From what i've gathered it isn't uncommon for them to ignore CCA requests, 'cause basically they haven't got an agreement!! I'm sure you'll find loads of useful letter templates there and address details.

 

If the debt is passed to a different DCA send them a CCA too. That means they'll also learn they can't harrass you if L'woods haven't got an agreement.

 

Best Wishes :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 3 weeks later...

Littlewoods credit card have now sent me a final demand saying they are planning on passing the account on as i have ignored the default notice sent. They have not sent me a credit agreement yet and it was sent Dec, to which they have aknowledged saying we are looking into it and will get back to you. i know they have commited an offence and im sure after all these months they must not have an agreement, so could you advise me on what letter i should be sending next? and can i demand the default be removed? :(

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Are there any unlawful charges on the card?, if so, you could send them the S10 letter in Library Templates. I have sent a CCA to them and they have now run out of time, however, today, out of the blue, I have received a letter saying if I pay £59 arrears they will pay £15.00 off the account. I am not sure what their game is.

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Send them this letter. Amend it to suit your own dates and needs. This is in the Consumer Credit Agreement-Resource Workshop. I am awaiting for them to commit an offence then I will be doing the same.

 

I wrote to you by recorded delivery on 'DATE' asking for a copy of the agreement together with the relevant information under S77-79 of the Consumer Credit Act 1974, enclosing the fee payable. This letter was delivered and signed for on 'DATE' according to the Royal Mail.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further calendar month, your company commits an offence. These time limits have now expired I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information.

 

As you are no doubt aware that if the creditor under an agreement fails to comply with the above request

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

AS such this account has became unenforceable at law. Consequently I do not acknowledge any debt to your company, and no further payments will be made in respect of the above number.

 

 

As an offence of this nature may have an impact on your ability to hold a credit licence, it is important that you give this letter your immediate and prompt attention.

 

 

What I require.

1. Pursuant to the Data Protection Act 1998 I require you with immediate effect to ensure that all data held by you regarding the alleged agreement or any reference to it, is removed from any and all Credit Reference Agency database.

2. Ensure that all data held by you regarding me is destroyed.

3. Refund all monies paid to you by me.

4. Ensure that all correspondence is made in writing.

 

 

Failure to comply

  • Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.
  • Failure to comply with the requirements of the Consumer Credit Act will cause me to refer the matter to the Office of Fair Trading, and Trading Standards.
  • Continued telephone contact will generate a complaint to the police.
  • Failure to repay the paid sums shall cause me to report you to the OFT, Trading Standards and the Financial Services Authority.

I await your prompt response and in any case within the next 12 days.

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Hi Me + :)

 

As you will remember, if Littlewoods have failed with the CCA request they can’t take any action on the account.

 

Sit back and wait for them to pass the debt on, let them dig their hole. When the other company contacts you hit them with the facts and ask why they are processing your data without your consent.

 

Remember be patient and let them dig.

 

As Always…….

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