default issued

[buster1979]

appologies first as this is quite long winded,i was wondering if someone could give me some advice please,i sent a cca to littlewoods regarding a debt with them and they returned me a letter admitting that they did not have a credit agreement and therefore would not be enforcing there debt.(this was three months ago) they then two weeks later issued a default against me with regard to the same debt.i wrote to them asking them to remove the default and as they could not provide an agreement but they ignored my letter.then last month i recieved a letter from a debt collection agency asking me to make payment on the same debt (i was under the impression they could not sell on the debt as the account was in default) so i emailed the debt collectors and explained this however they ignored the email and sent me another letter demanding payment,which i ignored as i have kept the letter from littlewoods which states they have no credit agreement,however today i have checked my credit report and the debt collection agency have also filed a default against me.i now have two defaults for the same debt yet i have a letter stating there is no debt,please can somebody help me.

[Pinky69]

It isn't that the debt goes away - it is just that they cannot enforce it. They certainly should not be issuing Default Notices or passing it on to DCAs whilst the debt is in dispute - that needs to be reported to the OFT. Put a note on the on your credit reports that these defaults were entered whilst the account is in dispute and the entry is a breach of the the CCA 1974 and the Data Protection Act 1998 and you wish to have them removed. If they don't do it, complain to the Information Commissioner. Send this to the DCA they passed it to:

 

 

Dear Sir or Madam,

 

Your Reference:

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with XXXXX and has been since XXXX 2008.

 

Not only is this in breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

As XXXXX are now in default of my Consumer Credit Act request, OFT Collection Guidelines have been breached, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to XXXXXX for resolution of these defaults and breaches, as XXXXXXXX cannot lawfully pursue any enforcement activities.

 

If XXXXXXXXXX chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully,

[BankFodder]

Complain under the CPUT regs about anyone who threatens you or takes any action over this debt