la redoute/droyds/redcats

[Dorabell]

hi could some one give me some more advise please

 

last week i sent a letter to droyds DCA requesting a copy of a cca

6th febuary posted it the 6th they did not receieve it till yesterday 13th

 

i have checked with royal mail no sig thou yet which takes about 5 days.

 

so this morning i have received a letter of the redcats uk dated the 11th febuary thanking for my letter so how do they make that out.

 

i will write whats in the letter

 

i attach a copy of the standard agreement which you would have signed in accordance with advice given to you at the time you established your home shopping account hith la redoute

you appear to have acted in a way which indicates that an agreement was signed as you have conducted the account for some time by placing orders receiving goods returning goods making payments copy statements showing all transactions are so also enclosed.

 

these enclosures satisfy the requirements of sections 77-78 of the consumer credit act 1974 in regard to supplying a copy of the agreements and accounts statements

i must how ever correct your statement that we are under no obligation to provide a facsimile copy of a signed agreement the regulation

only requires us to provide a copy of the agreement and it is not necessary to provide a siqnature box,

 

i refer you to regulation3 consumer credit act (cancellation notice and copies of documents) regulations 1983(s1.1557)

 

i look forward to receiving an offer of payment on the balance outstanding

yours sincerely miss j wall

 

i can not remember signing a agreement whith them

i haven,t orderd anything for years

and yes i have been paying on a monthly plan with droyds because i have been bulied in to it like a fool help please

 

Edited December 29, 2008 by Dorabell

[The GodMother]

hi Marjie06.

 

I notice this is identical to my droyds thread from the same company but l had empire and Vert baudet catalogues with them.

 

I will post a letter for you to send them in a minute.

 

Chrissi

[The GodMother]

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. An unsigned standard credit agreement, 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. A blank agreement 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 have until 26th February 2008 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 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.

 

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

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

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.

 

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.

 

Yours faithfully

 

BLAH Print dont sign.

Send this by recorded delivery at least

[The GodMother]

sorry ment to put anything in red you may need to change according to your personal circs.

[Dorabell]

thanks for that:smile: i wish i had discoverd this forum a few years ago i have been under so much stress whith these bullies thanks marjie

[The GodMother]

we all have those type of wishes marjie. I wish l had found this site ages ago aswell as i would have saved a fortune.

 

Chrissi

[Dorabell]

thanks i have copyed the letter who do i have to send it to droyds or redcat uk marjie

[The GodMother]

who ever wrote to u. i sent mine to droyds as it was droyds who wrote to me but if redcats wrote to u thn send to redcats

[Dorabell]

thanks for your help chrissi

Edited December 29, 2008 by Dorabell

[The GodMother]

your welcome

[Dorabell]

hi all received letter today from la redoute/droyds/redcats it goes on to say thanking me for my letter in LOL, veiw of what you say we a agree the debt is unenforceable and futher action as been withdrawn and as a responsible lender LOL, we agree to keep the credit refrence angencies up to date on how our customers manage their accounts with us if we did not record this information the information on the their records would be factually incorrect therefore the registration of the debt at the credit reference agency will remain CAN THEY DO THAT IF IT IS UNENFORCEABLE ANY ADVICE PLEASE

[harrythehawk]

This is the old story marje, the same happened to me, you can try and fight this, check out diskmandave's threads, it is very difficult. I have left it as is at the moment and will go back at some stage and pay it off once everything else is sorted and ship shape and my credit score needs repairing which will be a long time off given I have had mortgage arrears and was summoned for repossession so another smaller black mark on there is very insignificant to me, one thing it has done is stopped DCAs and interest

[The GodMother]

or you can send them a section 10 notice. I will post it in a minute.

[The GodMother]

Dear Moron

 

SECTION 10 NOTICE UNDER THE DATA PROTECTION ACT.

 

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

BLAH

 

As normal type your name and send by recorded/special delivery.

 

can you scan and post up the letter that these ANdroyds sent you?

[Dorabell]

[The GodMother]

Section 10 them.

 

They say the debt is enforcable with CRAs when it is not if they refuse to remove we can take other steps. Like i am currently getting round to doing.

[Dorabell]

thanks for that im going to be busy the next few days LOL:lol: x

[The GodMother]

YW.

 

If they come back to you saying the same as they did me let us know as we will be in the same position.

[Dorabell]

ok thanks chrissi i think we going to be very busy LOL:lol: wen is baby due x

[The GodMother]

June 9th ish.

 

I am currently starting to fight a few CRA with some invalid accounts.

 

Chrissi

[Dorabell]

thats going to keep you busey till the babys born all the best keep me posted xx:)

[The GodMother]

well the results will crop up on my threads as and when necessary.

 

This site will even keep me busy after baby is born.

 

Chrissi

[Dipply75]

Hi Marjie06, found your thread while looking for redcats stuff and just wondering how you got on?

 

I will starting the same process as you as I know I never signed a thing (didn't even order some of the stuff they charged me for but thats for another day!)

[Dorabell]

Hi found your thread while looking for redcats stuff and just wondering how you got on?

 

I will starting the same process as you as I know I never signed a thing (didn't even order some of the stuff they charged me for but thats for another day!)

 

 

Hi further action was withdrawn because they said that the cca was enforceable

Edited December 29, 2008 by Dorabell

[The GodMother]

Hi all still here.

 

just follow what marjie and i did and they would soon fold.