Catalogue Company - No signed CCA

[IdaInFife]

knicked for future use

 

Ida x

[Jean_B]

I wonder if this can help me.

 

I defaulted with Littlewoods for £80 due to serious illness 3 years ago. I really want the default removed and was about to send a grovelling letter. I am back with them under another catalogue (didnt realise at the time) and a good customer.

 

But I have never signed anything. They send the paperwork and I never sent anything back signed.

 

Would this help me request the default is removed?

[pu_mpk_in]

Thanks Rory and Ida,

 

sorry it's taken so long to get back onto this but i've not been too well with the stress of everything, it seems i've let it all get on top of me and found it harder than i ecpected to cope.

 

anyway i've picked myself up a bit and ready to battle on!

 

I receved another letter back from their Solicitors, after my initial response this is what they say,

 

"Thank you for your letter of XXXX, which has been passed for my attention. i have been asked to respond to your comments in relation to consent to process and share data with a credit reference agancy.

 

In your letter you appear to be making a connection between the existence of a credit agreement regulated by the Consumer Credit Act 1974 and the requirement for this company to obtain consent to process its customers data under the Data Protection Act 1998. There is no such connection and your allegation that no signed credit agreement exists, which is denied, is irrelevant in establishing whether consent to process data exists under the Data Protection Act 1998 as we obtain our consent process independantly and separately from any decision to offer credit.

 

I believe you are confusing us with other financial organisations, banks for example, who obtain consent to process data when loan/credit agreements are executed. We obtain our consent to process personal data at the time a customer applies for one of our catalogues or opens an account. There is no Data Protection rubric concerning processing of your data in our Consumer Credit Agreement. The applicaiton you completed at the time you requested one of our catalogues or opened your account would have contained a very comprehensive notification of the obvious and non obvious uses to which we would put your personal data. This notice, inter alia, will have notified you that, as part of our commitment to the responsible lending, we would record details of the manner which you conducted your account with a Licensed Credit Reference Agency.

 

You DID consent to the uses of personal data to which your data has been put. The lack of a Consumer Credit Agreement or your signature thereon, is not relevant to the issue of whether you have consented to the use of, or whether we have fairly obtained and lawfully processed, your personal data

 

As set out in our letter of XXXX, we are prepared to cease collections activity in respect of this account based on your assertion that you did not sign your credit agreement. However, your non payment will be reported to the relevant credit reference agency who record this fact for a period of 6 years.

 

i don't suppose anyone can offer any advice on where i go from here, can i get the entry removed from the credit reference agency???

[IdaInFife]

to get them to remove them is lie pulling teeth.

 

basically what they say is right that most applications you agree to the searching and stuff.

 

here is alink to a thread that may be some help but you may have to take it all the way to court

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/111211-defaults-background-removal-methods.html

 

ida x

[pu_mpk_in]

Thanks Ida

[IdaInFife]

your welcome

 

ida x

[coledt]

Hi I could really do with some help. I have wrote to a catalogue and asked for a True Copy - which they sent me. I then asked to have a copy of my signature as I have not signed anything as it was an online account. They did not supply this. I wrote to them saying that they should then agree my account is settled. I also stated that as we are in legal dispute they can not give my details to a collection agency - as they said they would, and that this would break the data protection act. I have now received a letter from a legal firm, which I have added. I did not sign anything, they do not have a signature. Please any advice on the next move and any help with what to write.

 

 

 

I have been asked to respond to your letters of the 3rd August 2009,.

 

We have complied with our obligations to supply you with a “True Copy” of your credit agreement. A “True Copy” is defined by Regulation 3 of the consumer Credit (Cancellation Noticies and Copies of Documents) Regulations 1983. The “True Copy” need not, by law, contain either the signature of the debtor or the date of the signature in our case.

The purpose of sections 77 and 78 of the Consumer Credit Act 1974 is to enable consumers to obtain a copy of the cureent terms applicable to their agreement. A “True Copy” for the purpose of section 78 Consumer Credit Act 1974 therefore, need not be an exact copy or photocopy of the original executed/ signed argreement so long as it contains every material provision of agreement tha was signed.

The copy agreements sent to you on 18th and 23rd June 2009 fulfil thi requirement. No default therefore arises.

Having been provided with you “True Copy” there is no basis for you to either allege that your are exonerated from payment under the agreement or that we remain in breach of our obligations under the Act. Having established the legal position regarding the status of the document provided to you previosly, I know wish to return to the substance foe your refusal to pay your account. So that I can be absolutelty cleatr, is it your case that you:-

a) deny receipt of the agreement?

b) deny signing the agreement?

c) admit or deny receipt of the goods and service?

d) admit or deny performing your account as if you had signed the credit agreement?

Please answer ALL of the above questions, whereupon the matter will receive our further attention.

In your letter you appear to be making a connection between the existence of a signed credit agreement regulated by the Consumer Credit Act 1974 and the need, under the Data Protection Act 1998, to obtain consent to process customer data. There is no such connection and your allegation that no signed credit agreement exists, which is denied, is irrelevent in estalishing whether consent to process data exists under the Data Protection Act 1998. We obtain our consent to process your data independently and seperatelt from any decision to offer credit and accordingly your consent to process is NOT contained in the regulated credit agreement. The fact that you deny having signed any credit agreement does NOT therefore mean we do not have consent to process your data.

We obtain our consent to process your personal data at the time that you applied for one of our catalouges or when you opened your mail account. At the time you requested one of our catalougies or opened your account/s you will have seen or been referred to a very comprehensive Data Protection notification of the obvious and non-obvious uses to which we would put your personal data. This notice, inter-alia, will have notified you that, as part of our commitment to the responsible lending, we would record details of the manner which you conducted your account with a Licensed Credit Agency.

In summary, the lack of Consumer Credit Agreement, or your signature thereon, is not relevant to the issue of whether you have consented to the use of, or whether we have fairly obtained and lawfully processed, your personal data.

Please confirm your intentions with regard to future payments to this account.

[24233513afw]

Subbing with great interest.

[IdaInFife]

Hiya,

 

the thing is they donot haveto produce an agreement with a signature on it if itwas opened online, a tick box is all they need.

 

saying that until they actually send you screen shots of the application doing so until then or realise what total muppets there are being there is not much you can do. as the said they have ceased collections on it .

 

there is no more advice can really give to add what you have already been given

 

ida x

[coledt]

Hi Ida,

 

Thank you. So do you think that I should just ignore? I was thinking is it worth writing to when writing to ts and oft? and also make a complaint to MOTA? Im not sure what they are but noticed it was advice that you gave someone else in a similar situation.

 

Thank you for your advice it really helps.

[IdaInFife]

in circumstances wth online agreements you have to be careful. itis easy for them to produce but they don't cause they forget.

 

Mota don't do much but always worthwhile as they keep records.

 

I would be happy with them ceasing it and it would be a non starter to start making a stink about them not sending a cca wthsig when you know they can't and don't have too. It wonlt be long before they realise was online application

 

idax

[coledt]

Im not sure what to write to Mota. So do you think it is worth just sitting back and see what else they send me?

 

They do already know that it is a online account as they previously mentioned it in another letter.

 

Thank you by the way for your help

[IdaInFife]

No probs,

 

I can't see where you can really go on this. Someone will twig that it's online and what they should have sent and will restart collecton but they cannot restart until they produce your online agreement.

 

As they have said they will cease colelction anyway.

 

ida x