i hope not lol

UPDATE well i decided to phone Littlewoods today (they have until the end of Sept to give me my decision) the person dealing with my claim said "although no final decision has been made, it is the companies stand point that the default will probably not be removed regardless of no agreement or applicable terms and conditions" so if this is what they say im their final letter, i will have no choice but to take them to Court. i think everyone would agree ive exhausted all other options? this has been on going since December last year, in which time i have contacted them, i have done their formal complaints procedure, and i have written to the company secretary, written to Experian, no go there either any other advice, because i honestly think if thats what comes through in writing ill have to rely on Court.

Wrong thread! lol

no updates to this

agreed

ok i have since found out she can still make her claim she does not have all her statements like i thought so should be sending an SAR off soon! watch this space!

My friend has recently opened a new bank account, and decided to claim back her penalty charges from her old bank. She has all her statements, and has calculated her charges. But am i right in saying there is a "freeze" on these claims until the test case is heard? Or can she go ahead and write them a letter asking for her charges back?

PS - if there is NO CCA i wouldnt offer them ANYTHING!

i suggest getting a copy of your credit file, see how many defaults are there, from who, and get back to us.

only the creditor who OWNS the debt can put a default on your credit file, but from what i understand you cant be defaulted more than once for the same debt, has the debt 100% been sold to lowells and not just passed on for collection on behalf of Cap 1????????

i suppose you could argue that its not a full legible copy. dont know how far that would get you though.

let us know what happens.

so do i let them get on with it or do i challenge their right to even hold the account??????????? since it was passed illegally. this is now the 3rd DCA that they have passed it onto, at least im creating lots of work for them! lol

ok i will write to the company secretary, but i will send him that letter in with everything else and see what comes back for her. if everyone thinks that letter is ok?

in my case they cant "find" an agreement as i know 100% i didnt sign one, therefore they dont have my "real" signature.

My friend has recieved her repsonse from littlewoods. Further to our letter of 28th August concerning your complaint in relation to the balance on your account. We are unable to supply a signed and dated agreement for the above account. I can confirm that we will not be persuing the outstanding balance on your account of £xxx and as the debt remains unsatisfied this will be noted on our internal files for future reference. This information will also form part of your records at the Credit Reference Agencies ad will remain on your credit file for 6 years. (is this a round about way to saying they have placed a default on the account????, mentioning 6 years?) ive seen this before and especially since they sent me this letter defaulted my account and im at my wits end fighting it. so i was thinking about sending this back regarding the info on credit file. thoughts????? In May 2007 I asked for a copy of the Consumer Credit Agreement for the account, and was advised via letter on 3 September that the decision had been taken not to pursue the matter, that letter has been attached for ease of reference. As you have already confirmed your inability to comply with my legal request for a Consumer Credit Agreement (Consumer Credit Act, 1974) because no such agreement exists, the above account remains entirely unenforceable as verified by yourselves. However my concern is the information placed on my credit which you say will stay there for 6 years, I believe you to be talking about a default notice. If indeed there is a default on my credit file this default was placed whilst the account was clearly in dispute, you should know and already be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute as per the guidelines of the OFT. The lack of a credit agreement is a very clear dispute and as such the following would apply: You may not pass the account to any third party. You may not register any information in respect of the account with any of the credit reference agencies. You may not issue a register any information with third parties (including credit reference agencies) or issue a default notice related to the account. I would like to direct your attention to the last paragraph. Furthermore, as you remain unable to provide such evidence of my signed consent to pass/share my data to third parties, I hereby once again request the immediate removal of all default entries with Credit Reference Agencies. I also require written notification when this has been achieved, within a period not exceeding 14 days from receipt of this letter. Failure to provide me with such notification will leave me with no alternative but to commence court proceedings against your company, including a claim for compensation in relation to the unlawful registration of adverse information against my name. Please be aware, that the Consumer Credit Act, 1974 is very clear; stating that a default can only be issued for breach of a valid, regulated Credit Agreement. As you have already confirmed that no such Agreement exists, a default cannot therefore be issued against a non-existent Agreement. Within the time constraints of this letter, I respectfully request your detailed response to my request for confirmation of which legislation your Legal Department are relying upon, and request copies of any such legislation in support of their actions. I support this request with CPR Pre-Action Protocols 4.6a, 4.6b and 4.6c. For your information, it will not be sufficient for your Legal Department to state that they are entitled to record this information as ' it is stated in the Terms & Conditions on your account', as there is by your own admission, no executed or enforceable credit agreement to which any Terms & Conditions form part of. Therefore, the information recorded, in question, is unsupported, erroneous and defamatory. Without ambiguity, I trust that I make myself perfectly clear and look forward to your positive response in removing all entries against my name, in order to finally bring this matter to a close.

Well IQOR debt recovery has sent me a letter here it is. Further to your recent communication, we are currently conducting an investigation into the issues you have raised. As soon as the investigation is complete, I will write to you again with information detailing the outcome of the matter. We have made our client Capital Bank aware of your communication and have placed your account on hold until we receive further instructions from our client. now they just dont get the fact its been passed on while in dispute and that their client can only get this debt enforced through court, so i write back to IQOR saying that i will accept nothing less but them passing it back as it was passed illegally in the first place (points i made in my previous letter), or just let them get on with it? thanks guys

Cabot forum is the best place for you to post thinksmart

thats your defence, the fact they have not complied with the CCA - so even if they did get a CCJ you could get it set aside.

get in touch with people like priorityone etc im sure thats right, check up with him though

no. simply send a cover letter to the effect of "I note i have yet to recieve a response regarding my previous correspondance, i therefore attach for ease of reference all correspondance sent on my part and await a response, however if no response is recieved within 14 days of this letter i will assume the matter is closed and no further action(s) will be taken." back to the default on your credit file, even if they did place it when it was out of dispute, im 99.9% sure that only an ORIGINAL creditor can place a default on your account! no a DCA

UPDATE IQR keep phoning and arguing by not co-operating over the phone they can take me to court, so i spoke to a supervisor, and after the conversation (where i told them they were talking rubbish as only the original creditor can take me to court) i re-sent my fax for their attention to a new fax number that was given to me, and made it clear i dont wish to be contacted by phone, only in writing. looks like this isnt over yet, why dont halifax get the fact that it is unenforceable unless the court say otherwise? and that no matter who they pass it onto, they will get the same answer! oh well this could go on for 6 years and it could become statue barred huh? lol PS - Halifax have yet to contact me over the fax i sent of the letter Peter gave me. watch this space!

that would do the trick i would add though in the bit 3 - Register any adverse information against my credit file (THIS INCLUDES A DEFAULT NOTICE) so they cant say you didnt make it simple

i would get another copy of your credit file, it may be they placed it in the last month, and if they have, they have done so whilst the debt was in dispute and therefore is illegal and against the OFT Guidelines, remember that default may stop you obtaining further credit, and is on there for 6 years. and what makes you think its statute barred?

im concerned about the Default Capquest cant put a default on your credit file, only the ORIGINAL CREDITOR or the OWNER of the debt can do that, and since they are writing back to Littlewoods for information, that would suggest that Littlewoods still own the account. I would write and ask for confirmation of who actually owns the account, and point out that if it is no Capquest, they have no legal right to place a default on your credit file. And no i wouldnt reply to their request.