Apologies in advance as I am not sure if I am even posting this within the right forum but can anyone give any advice please? Here goes...
My wife has a Dorothy Perkins store card and a few weeks ago she got a letter passed on through family that had arrived at our previous address which we moved from 2 years ago.
The letter was from Viking Collection Services saying that a balance of £61.89 was owed. This was not from items purchased but from late payments which had accumulated in interest over time. My wife always assumed her account was up to date as we informed them of the change of address 2 years ago and never once received any late payment statements and my wife makes a purchase on the card then pays in full within a few days. My wife rang Viking and gave them all the current information such as address, telephone and married name change.
We sent a CCA request to Viking on 02/06/2009, however this was returned due to lack of my wife’s signature (she originally initialled it) which was then resent signed on 13/06/2009, this was received by Viking on the 15/06/2009 and we are yet to receive a reply.
We are still receiving telephone calls and letters from Viking requesting payment and also received for the first time a Dorothy Perkins Statement to our current address with the balance. I have wrote a letter which I will send to Vikings address and Dorothy Perkins address, would the letter below be satisfactory as I have compiled it from templates posted by various members:
I am writing in reference to the Dorothy Perkins account statement which I received dated 12 June 2009 showing a balance of £61.69. I have entered into correspondence with Viking Collection Services (GE Money) concerning this balance of £61.69 by requesting information under the Consumer Credit Act 1974. My first request was sent recorded delivery on 02/06/2009, however this was returned due to lack of my signature which I then resent signed on 13/06/2009, this was received on the 15/06/2009, again stating the information should be supplied to me within 12 days, and I have yet to receive a reply.
The first I was aware of this balance was from a letter sent to my previous address which I moved from two years prior and rather luckily the latest occupant passed the letter onto family members that still live within the area. Two years ago I enquired in store at Dorothy Perkins about a change of address and I informed Dorothy Perkins of the move by both letter and telephone. As you will see from my previous transactions I pay my balance promptly therefore I never assumed that my account was in arrears and obviously never ever received any letters to my current address informing me of arrears.
Upon receiving the debt enforcement letter from Viking sent to my previous address I promptly called Viking informing them of my up to date personal information consisting of my current address, telephone and my married name change. Not only was I surprised that my details at Dorothy Perkins had never been updated and hence me not being aware of any outstanding balance, I was also shocked to find that my details regarding my date of birth were incorrect which prompted me to request the information on the account under the Consumer Credit Act 1974.
After updating my details with Viking I have since been constantly harassed via letters and telephone calls which have become distressing. I have told Viking in both a letter and in numerous telephone conversations that after seeking legal advice I have entered into letter correspondence only, which I am still awaiting a personal reply and do not wish to receive harassing telephone calls until I have received a non automated letter reply and the details which I have requested from Viking Collection Services (GE Money).
My original request for the CCA remains outstanding and Viking Collection Services, GE Money & Dorothy Perkins are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, I ask that you not 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, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency, however, I am aware that to register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.
Furthermore, the requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office
To sum up, I will not be making any payments to you until you provide me with the documents I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.
Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.
I look forward to your reply.
Any advice will be greatly appreciated. Thanks