LXDirect, No CCA and a Default...

[europa16]

I am having a major headache with Littlewoods/LXDirect at the moment (well, actually the last two years or so).

Like most catalogue companies, when I got the catalogue, I never signed a credit agreement. So, when I got into difficulty over my debts in 2005, I was advised to ask for a copy of the credit agreement from them, and if possible, get the debt written off (it was around £1000). I did this, and they wrote back to say they'd no longer pursue me for the debt.

Fast forward 12 months, they come chasing after the debt hounding me by phone every few days, only it's now £1400. Apparently this extra was PPI (why were they still adding it? Who said I wanted it - not me... They never gave me an answer). So I asked for my credit agreement, and guess what...couldn't find it, so they said they'd stop pursuing me (where have I heard that before?).

So, tonight I check my credit file (hoping for a minor miracle with my other debts) and find that not only is the debt owed on there, it's going up by around £30 a month and there's a bl**dy default from Dec 2006 for £1501

My questions are these:

1. How can they put an extra £30 a month on an account thats not been "active" since 2005, when they said they weren't pursuing it?

2. Can they issue a default on this account without a CCA?

3. Is this a real default, because I've had no letter to say I've got one?

4. Can it be shifted from my credit report?

5. Why are they such a bunch of parasitic w@nkers?

Thanks

[martinhw]

Sorry to hear of your experience, but must admit it is NOT uncommon for this company. My wife and I both have accounts with them, and are BOTH claiming right now.

To try answer your questions:
1) Do you have in writing that they would not pursue the debt, and or in fact the account is set as inactive.
2) They can not issue a default if they have admitted there is no agreement, or cannot produce it as proof.
3) If it is on your credit profile - it is VERY REAL.
4) There are a few ways of removing entries from the register with CRA's.
5) There is no answer to this one I am affraid!

Suggested actions to start the process:
1) Send them a Subject Access Request
This will give you a definitive list of transactions and account notes.
2) Write to the 3 CRA's and ask for your up to date Credit Profile
- Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax
- Credit Reports: Get your Credit Report from Experian UK
- Credit report information for consumers - Callcredit
Write a letter and send a £2.00 cheque or postal order - don't order the online reports as they are expensive and contain the same info as the std ones.
3) Calculate the charges and fees charged. - This is the time when you will have to decide on the action you wish to take.
- If You owe them more than they owe you in charges - as they have no credit agreement - they can't enforce the debt, but it would be wise not to try and claim the charges if you do not intend settling the account in full afterwards.
- If they owe YOU more than you owe them - even without a credit agreement - you can claim for the charges and the removal of the default, then insist the account be closed, or sign a new credit agreement.