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  1. Really appreciate anyones help here!! I ordered an iPad quite a while back now back in 2013 from Very. It never arrived and I only got an empty box. I complained to very.co.uk and they would not refund me. I contacted my bank and they suggested I raised a chargeback and I got my money back. I kept getting letters from Very stating I owe them the amount and if I do not pay I will be contacted by a debt company. I contacted my bank and was told not to pay the debt as I had not received the device. I now have a letter stating I have a default notice because of this amount from Very and NDR debt company. I contacted very again and the debt company, no one is helping me and my credit is still being affected by this. Whoever I speak to I keep getting turned away. I then contacted the head office of Very (Shop Direct) and explained the situation. They replied saying I didn't reply to letters or emails (I did) and that because of the length of time they will not re investigate and I still need to pay the debt and that it may effect my credit score. I emailed and called and tweeted them. They stated that the item was sent out. I then contacted the head office and they investigated and concluded that nothing could be done. I reported it to the FOS 2 weeks ago when i received a default notice letter. I did not do anything before that as i was advised by my bank to ignore letters and to not pay anything. What do i do?! I never got the item so why should I pay the debt?! My bank even says do not pay it. Any info would be great!
  2. Hi, I am posting this on a few of the Shop Direct posts as I have been working on 3 claims on behalf of a relative and want everybody who has been charged by them to reclaim their charges and all applicable interest as these are possibly the most arrogant of all the companies I have dealt with and will firstly refuse your requests and then as it goes on breach the court procedures and ignore the judges requests until they ultimately settle as of they have no defence and no desire to go in front of a judge. The final outcome on the claims is posted below as the e-mail sent to me for my relative. Shop Direct have still not paid the sums stated in the e-mails in full and have part paid so still looking to court. Please click the star if this is informative and feel free to contact or reply to this post for any assistance. I have just advised the defendant to make the following account credits, which I believe satisfy your *******'s claims: Claim No 1QT08206 re account ref ******** (Littlewoods) Credit to the account of £175.79 Claim No 1QT09646 re account ref ******** (Very) Credit to the account of £251.72 Claim No 1QT24916 re account ref ******** (Choice) Credit to the account of £137.12 - to include the charge of 30/4/11. I understand that the adjustments will take place on Monday. Regards
  3. Hi Guys, looking for some advise, I was terrible with my finances years ago but after a long battle Im back on track, my girlfriend however, isnt. She struggled with the 28 day statement cycle (ridiculous system in my opionion) and fell into debt with Very. In the past she received a claim form from the courts while I was away. She admitted the debt and offered to pay a sum each month. We've just got back the acceptance part but now I can see it I'm not 100% convinced. How can you tell these forms are real? The form is not stamped but a printed on stamp, there is a claim number and the address given if for Northampton county court bulk center. It might all be legit but I no the levels these DCA's stoop to and didn't want to be tricked into something. Any advise would be great.
  4. I have just had a county court claim from Lowells Portfolio Ltd regarding a catalogue debt of £144 (now £226 with court costs). I had an account with GUS Ltd dating back to the 1980s but this was taken over by KandCo a few years ago. I always paid my debts but was a bit lax about doing so on time, but it didn't used to matter with GUS as long as I paid it. When Kays took over it all changed I started getting charges amounting to £24 each time I was late, in the end I got fed up with it, in July 2011 I paid off my balance and emailed them telling them I was closing the account. I didn't get a response but another statement showing another £24 charges added (because I had paid it after the due date). They continued to add charges until it was £144 and a debt collector took over the harrassment. Apparently Lowell has bought the debt, which I wasn't aware of. Can anyone advise me where I stand with this, is there anything I can do?
  5. In reference to Thread found here: http://www.consumeractiongroup.co.uk/forum/showthread.php?342500-Shop-Direct&p=3759254&viewfull=1#post3759254 This thread relates to the CapQuest Account with a Balance of £884. Attached are copies of the Notice Of Default Sums & Notice of Sum in Arrears [ATTACH=CONFIG]42184[/ATTACH] [ATTACH=CONFIG]42183[/ATTACH]
  6. Hi all, Couple of weeks ago I was helping the mother unit out with paying bills over the phone, when she passed me her K&co statement. On here it had "Account Cover Plus" (PPI) and asked did you ever ask for this, reply was Nope I thought it was to do with Item Warrenty's . (something which she takes out seperatly with K&Co). I went online and brought up the statements (only shows past 6mths) and low and behold theres the PPI on each. Now my mother has had this account since 1990 (rang and confirmed date of opening) so of course $$ flashed infront of my eyes especially with her APR showing on some of the statements of 36.9% (even rang and they confirmed lol) - her credit limit with K&co is £10k!!!!!! I've reqeusted the SAR, and it's come back with the past 6yrs of statement entries. and a message on there recorded actions "of SAR requested", "no agreement found". Theres no doubt in my mind that the PPI goes back way further than the 6yrs that they have provided me. From reading all the info on here they will try and say well its not just for employment cover its for this and that. well when my mom took out the account, she was not working & recieving incapacity benifit & my dad has always been her carer, they had there own Life insurace (up until 3yrs ago), have home contents insurance through the bank, and the best line my mother come out with is why would i need cover if i'm dead, what they going to do? Now on to the money involved, From the statements we have (first one is dated 27/08/2007): Attached is spreadsheet Total Charges: 754.40 Compound intrest @ 36.9% APR: 2156.51 Total: 2910.91 Again from reading on here, they will try and say she asked for it blah blah, s o I will state in my letter there is no proof, i will also fill out both the FSO questionnair and also there own claim questionnair (seen one on here will just blank everything out). I would like these couple of questions clarified: Are they only entitled to provide last 6yrs of details? Is there away of claiming an "Average" additional some based upon the details I have already ie 1990 to 2007 I keep seeing 8% being quoted as the rate - why is this? I may be wrong but my understanding is that you use the rate of what they have charged/account rate then the 8% is the daily rate from submission of claim? As always thanks for time in reading and replying.
  7. In reference to Thread found here: http://www.consumeractiongroup.co.uk/forum/showthread.php?342500-Shop-Direct&p=3759254&viewfull=1#post3759254 This thread relates to the Lowell Account with a Balance of £409. Attached are copies of the Notice Of Default Sums & Notice of Sum in Arrears [ATTACH=CONFIG]42186[/ATTACH][ATTACH=CONFIG]42187[/ATTACH]
  8. In reference to Thread found here: http://www.consumeractiongroup.co.uk/forum/showthread.php?342500-Shop-Direct&p=3759254&viewfull=1#post3759254 This thread relates to the Lowell Account with a Balance of £1080. Attached are copies of the Notice Of Default Sums & Notice of Sum in Arrears [ATTACH=CONFIG]42185[/ATTACH] [ATTACH=CONFIG]42182[/ATTACH]
  9. Hi everyone I have recently claimed back £300 pounds worth of charges from Shop Direct. My claim included interest at 39%. Howver, they state they won't be refunding interest back on these charges which nearly amounts to £280. This is my remaining balance. They defaulted me last year for £347- can I get this Default removed and claim the interest back? Thanks everyone
  10. Hi, New to the site, looking for some advice to hopefully put my mind at rest. Sorry if it seems like i'm rambling! Bit of background info first. Years ago, way more than 6, my parnert had a catalogue that she was paying off. I'm not sure of specifics, but it ran into a debt. This was all sorted at the time of the debt by the catalogue themselves, and the account closed off. Fast forward to last year, and she started to receive threatening debt collection letters from a company call McKenzie Hall. Not know who they were, or still thinking she had any debt, she ignored them, as she was fully aware of spoofings. She received more letters at random times from the same company. The interesting part is that the amounts were all different, some more, some less then the previous letter. She started to get a little distressed, so I started to look around the internet forums. We also looked at ther Experian report. There was nothing on there that was outstanding, It had all her credits (sofas, cooker etc) all paid in full. Her rating was just above average. I found lots of other people with similar circumstances, so sent the following email on her behalf: Sent 09/06/2011 Referenece: xxxxxxxxx Client reference: xxxxxxxx Principal Sum: £1409.47 Please give details of where this sum of money awaiting to be paid has come from, with a detailed break down if possible please. I beleive I have paid off all my creditors years ago, the last time I had credit was at least 10 years. I seem to recall the last one was 15 years ago. I do not appreciate the threatening letters and phone calls, without any form of proof of non-payment. Kind Regards Nxxxx We received nothing for 3 months, so considered the issue closed. Out of the blue, another letter asking for collection of the debt. I sent the following email: Sent 14/09/2011 Further to your letter dated 5th May 2011, which was not received until 6th-13th September, which is infact before my below respondance, having not had any acknowledgement from yourselves in a period of 124 days, I considered the issue closed. As before mentioned, I have not had any credit for the past 10 years, and any I had have in the past 15 years, has been Paid In Full. I do not appreciate this kind of threatening behaviour, especially as I have nothing to owe. Limitations Act 1980 I beleive comes into force after 6 years, and as I have had nothing for at least 10 years, I have nothing to owe. I would like a response stating the issue closed within 14 days, as per my consumer rights. If i receive nothing, i will consider this issue closed. Kind Regards Nxxx This time we received a letter almost immediately, again, threatening bailiffs etc. I checked on the Money Saving Expert forum, and found the template letters. I used one of these and sent the following: Sent: 19/09/11 Reference your letter dated 16/09/2011 I have no record of this debt and you have not provided any proof regarding this matter or who the original creditors are. Please provide me with a copy of the original statement of the account showing exactly how the amount claimed has been calculated within 28 days of receipt of this letter. If I do not receive such a statement within the specified time and you continue to contact me about this debt, I will make a formal complaint and will ask you to investigate this through your complaints procedure, requesting a reply within 28 days. I will then contact the Financial Ombudsman Service for advice if I am still not satisfied. The conditions for Statute Barred have been met: No Creditor has taken court action against me No Credit or debt payments in the last 6 years (at least 10 years to be exact) Have no written communication to creditors in the last 6 years acknowledging I have debt. Yours faithfully Nxxxx We had not received anything since, so considered the issue closed. Now today, she has received a letter from Debt Managers LTD / Arrow. This for the same amount as mentioned above. As she has seen her report etc, she just wants to ignore this. I suppose i'm the worrier, should we leave ignore this, as we cannot get anyone to provide proof that his debt is actually hers? I have been with her for 6 years, a nd she hasnt had any catalogue or made any payments in this time. As far as i am aware, anything debt that has not had any payment or acknowledgement of the debt within 6 years, is Statute Barred and cannot be claimed? The catalogue is from at least 10 years ago, and was settled with the catalogue itself. Any advice would be greatly appreciated. regards Rich
  11. I have had an additions catalogue for years and years, last year due to my partner being made redundant I could no longer make the required repayments. I kept up the repayments for a couple of months (hoping that a new job would be found) but then contacted all my creditors and advised them of the situation. They were all pretty understanding and I asked for help from one of the debt management companies, unfortunately due to their huge workload it was going to be several months before I could get an appointment - I again told all my creditors of this, gave them my reference number and told them of the date of my appointment. Additions I have to say were the least pushy of all my creditors, very few letters, no phone calls etc. Meeting took place and after a few weeks, and only when I enquired, was told it would be at 6- 8 weeks before they would even look at my secondary debts, I contacted one of these companies and they advised they had not been written to by the debt management company. So I decided to deal with it myself. I contacted all my secondary debtors (x3 credit card and 2 x catalogues) Put together a top level financial statement (using the initial "gumf" of what a court would class as reasonable each month and to ensure all were treated equally figured out what money I had left to split between them all - this equated to an offer of payment of 0.5 %. All credit cards and the one other catalogue accepted the payment by me over the phone and agreed no charges or interest. On the 19th January when i rang Very / Shop Direct they said they would require an offer of payment and full financial statement in writing and this would be required by 3rd February (giving my 2 weeks and one day). I wrote the statement and letter and posted my next day delivery to ensure it got there for the 3rd, but today received a letter from Lowell's saying the debt had been sold to them on the 27th January. Wanting to know why Very had sold the debt BEFORE the date they told me. I rang up asking if they had received the letter of offer of payment, they said they had but not until the 6th February. I know they would have received it on the 3rd as I sent because I sent by next day delivery and have the proof of this. I was told they receive thousands of letters each day (as far as I am concerned this isn't actually my problem - they should allow for that and not me). When I asked when it was sold I was told the 28th January (so only one week after I phoned them and different to the date both they and Lowells have put in writing). When I asked why it had been sold in January when I was told I had to get the financial statement and letter in by the 3rd - prior to the date I had told it would be sold, I was told "Perhaps they got fed up of the non payment". I put the phone down in disgust at this point. I know it wont make any difference to me now... the debt is with Lowell's but I am absolutely fuming that they did not even give me the opportunity to get a financial statement and offer of payment to them and don't think they should be able to get away with blatantly lying to their customer. My question is: Is this a matter that I can complain about to the FSA for unfair treatment - I know I will have to make a formal complaint to Very about first - but there wont be any point in that unless I can take it further. Thanks for reading.
  12. Hi Guys, I have been having trouble with littlewoods for quite some time I have sent numerous letter requesting my CCA and keep getting blank ones back, the whole reason I wanted my details was because I had late charges that I wanted to request were refunded although as I did not get the information that I requested I could not do so. To cut a long story short I sent them this letter: 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 remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’. I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until _______ to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains 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 intereston 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. 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. 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 further payments to you until you provide me with the document 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. If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc. 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. To which I received no reply I also checked my credit file today and the default is still marked on my file! Please help Thanks in advance xxx
  13. Hello, Recently I've been trying to obtain a copy of my signed credit agreement from Lowell on behalf of Shop Direct, just a little backstory; I recently became unemployed so no longer can afford to pay off some of accounts with Shop Direct all in one go, so have been going the CCA Route so that I can give myself some more time to pay back the debts. I have 2 other accounts that were opened at the same time and I've been successful in Lowell / Shop Direct not being able to provided me with a Signed CCA so they are now unenforceable and have to accept any re-payments of an amount I choose which I am planning to do after hopefully getting this 3rd account sorted which has got a different result from all the rest. I received the following letter on July 5th 2011; I sent off the following letter to Lowell, a bit late as was quite busy after becoming unemployed with sorting out everything else on the 25th July 2011; And got this reply on August 1st 2011; Then got the following on August 2nd 2011; After that, I received nothing until August 19th 2011, which is the following letter; After that letter, I received nothing until September 6th 2011, which a letter was telling me that they now they were in receipt of my request for the copy of my agreement, which consists of the following set of images; So after all that, sorry if this is quite long and time consuming to read everything that has been done in such a short time, but what happens now? Are they right in what they have sent to me, but also my other 2 accounts that were opened at the same time they couldn't find anything so they are now unenforceable? What can I do next, as there isn't a copy of an agreement that I've signed, but they've sent out copies of documents I could of signed, is there any letters I can send off to delay this or make it unenforceable like the rest so that I then arrange me make re-payments of my own choosing? - All images have had the names, addresses and account numbers removed only, so any boxes that are black is removed information just in case anyone think I've blocked out a signature. Regards, kingofkings
  14. I put in a request under CCA section 77/78 to pheonix collections I left it for 40+ days and still got no responce. I decided to log a complaint through my equifax account online and got a reply within days.. Response (Administrator)14/06/2011 03.10 PM Good Afternoon, We can confirm that we have received your request for a copy of the credit agreement in regards to this account. We can confirm that Shop Direct have been unable to provide us with a copy of the signed agreement for this account and have therefore requested that we close this account. Please be advised that you will no longer be pursued for this debt by either Credit Account Management on behalf of Phoenix Recoveries or our appointed agencies. We have arranged for our record on the files of the Credit Reference Agencies to be deleted. Please allow for up to twenty-eight days for your file to be updated. We trust this brings a satisfactory conclusion to this matter. Kind Regards, Credit Account Management I am totaly satisfied with this outcome and only sent 1 letter...lol The account was opened in 2002 then defaulted in 2008 as I was made redundant. £3653 + Defaults "PoooooF" gone just like that:-D cant believe how damn easy it was
  15. Hi, I requested a CCA on behalf of my mother from Very which they sent me this morning, I will post copies shortly, the CCA has no address info no signatures and no limits, also the accompanying letter states the account was opened May 2006, as far as I can find Very opened in 2009 - so unless my mother is a Soothsayer and predicted Very would start a business in 3 years times this must be extremely ropey.
  16. Hey guys, As some of you know I have been having problems with shop direct for some time, I have sent them a CCA which they replied with by telling my how many payments have been made on the account and a blank agreement. I then sent another request and they sent the same thing so I decided to sent another letter which looked like this ACCOUNT IN DISPUTE Date: 3/11/2010 Dear Sir/Madam Thankyou for your letter of 21/09/10, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account on two separate occasions. On 02/09/10 Imade a second formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. You have failed to comply with my request, and as such the account entered default on 16/10/2010. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation. This limit has expired. As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collectionwhich state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows – 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counter claim that any such action constitutes unlawful harassment. Please note you may also consider this letter as 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. Should you refuse to comply, you must within 21 days provide me with a detailed Breakdownof 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 not respond within 21 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. *You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully I later received a letter back stating: We will not be pursuing the above account for the outstanding balance. However, as the debt remains unsatisfied, this will be noted on our internal file for future reference.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 yeards and may affect your future ability to obtain credit with other companies. To avoid this detriment to you credit file, please contact us to make a payment. Now this has angered me as it is quite clear they dont have the agreement and in my last letter it was stated that they should not put any marks on my Credit report yet they insist on doing so. I am not sure what to do next as I dont want my credit file to be damaged please help me. I would like to also mention two things: 1. I have NO problem with paying off the debt providing that the late charges are removed although this cannot be done without the SAR being granted in order to look at past statements 2. I would also like the default on my credit file removed upon doing so. Thanks in advance xxx
  17. Hey guys, As some of you know I have been having problems with shop direct for some time, I have sent them a CCA which they replied with by telling my how many payments have been made on the account and a blank agreement. I then sent another request and they sent the same thing so I decided to sent another letter which looked like this ACCOUNT IN DISPUTE Date: 3/11/2010 Dear Sir/Madam Thankyou for your letter of 21/09/10, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account on two separate occasions. On 02/09/10 Imade a second formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. You have failed to comply with my request, and as such the account entered default on 16/10/2010. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation. This limit has expired. As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows – 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counter claim that any such action constitutes unlawful harassment. Please note you may also consider this letter as 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. 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 not respond within 21 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. *You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully I later received a letter back stating: We will not be pursuing the above account for the outstanding balance. However, as the debt remains unsatisfied, this will be noted on our internal file for future reference.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 yeards and may affect your future ability to obtain credit with other companies. To avoid this detriment to you credit file, please contact us to make a payment. Now this has angered me as it is quite clear they dont have the agreement and in my last letter it was stated that they should not put any marks on my Credit report yet they insist on doing so. I am not sure what to do next as I dont want my credit file to be damaged please help me. Please please pplease help me can i not stop them from marking my file even though they dont have a signed agreement Thanks in advance xxx
  18. Hey guys, As some of you know I have been having problems with shop direct for some time, I have sent them a CCA which they replied with by telling my how many payments have been made on the account and a blank agreement. I then sent another request and they sent the same thing so I decided to sent another letter which looked like this ACCOUNT IN DISPUTE Date: 3/11/2010 Dear Sir/Madam Thankyou for your letter of 21/09/10, the contents of which have been noted. You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account on two separate occasions. On 02/09/10 Imade a second formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. You have failed to comply with my request, and as such the account entered default on 16/10/2010. The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation. This limit has expired. As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows – 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counter claim that any such action constitutes unlawful harassment. Please note you may also consider this letter as 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. 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 not respond within 21 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. *You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully I later received a letter back stating: We will not be pursuing the above account for the outstanding balance. However, as the debt remains unsatisfied, this will be noted on our internal file for future reference.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 yeards and may affect your future ability to obtain credit with other companies. To avoid this detriment to you credit file, please contact us to make a payment. Now this has angered me as it is quite clear they dont have the agreement and in my last letter it was stated that they should not put any marks on my Credit report yet they insist on doing so. I am not sure what to do next as I dont want my credit file to be damaged please help me. Thanks in advance xxx
  19. Hiya Everyone, I haven't posted here before, So i will introduce myself briefly, My name is Linzi Iddles, I am 26 years old with 1 little boy and a girl due on boxing day. I have been married since July 10th this year, and my questions are in relation to my husbands debts. When myself and my husband got together, it was clear to me that he had some debts with catalogues opened by an ex girlfriend, But i wasn't aware how much they came to. We have now come to nearly 10k and i am slowly and surely getting more and more stressed by the daily letters coming in demanding money and threatening doorstep action. There seem to be about 5/6 different companies asking for the money, and as my husband didn't know that these accounts were opened in his name untill after him and his ex split up, someone suggested to me that i send a prove it letter, requesting a copy of the signed credit agreement that they would supposedly have if it was indeed opened by my husband. I done this, and have recieved letters back from 2 companies both with a 're-constituted copy of your credit agreement' and a 'copy of the current credit agreement which includes all applicable contractual variations and amendments that have taken place.' Nowhere on these agreements does my husbands signature appear. And one of the companies even failed to send me a full statement of account, including all interest and charges, as i asked for. So i am really confused now.........There doesnt seem to be any proof that my husband opened these accounts (as i know he didnt, so didnt expect there to be) But i am really unsure of what to do next. Do i just leave it? Or do i send them another letter asking once again for the signed (by my husband) proof that the accounts were opened by him? I would soooooo appreciate any help offered on this one, I just can't seem to find the light at the end of the tunnel, and we could do without the threat of doorstep action this close to christmas, and so close to baby being born. Thanks again. Linzi xx
  20. 8):!:Hi Guys, I am in the middle of trying to remove charges put on my account by marshall ward, after firstly sending them a letter requesting CCA they replied with a unsigned agreement, after sending a second letter stating that this is not what I asked for and that they should sort it out or consider the account being non existant, they then replied with exactly the same letter as the first a unsigned agreement. I am not sure as to what I should do next so could you please make some suggestions??? Also I would like to know if I could email them in order to speed up the process??? Thanks
  21. Hi Guys! This is my first post so please excuse me if I have posted in the wrong location! Basically I really need as much help as I can get I am currently having problems with littlewoods who have placed various charges on my account. I sent a cca request with the fee on the 16/07/2010 which they sent back to me on the 6th August, minus the fee with a note attached saying "Please provide correct account reference/ previous address details" Now silly me I missed a digit of my account number on the cca request, but I am wondering why they would need my previous address as surely they already have it on file as that is where the account was originally started, plus they have my name and current address on the letter which is on my account with them. I am not sure what to do next should i send them the information requested and what would happen in regards to the timescale for them to respond. i.e would the 30 calender days and 14 working days timescale start over again???? Any information on the subject or templates would be grately appreciated. Thanks guys
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