Kays, no CCA, defaults

[Enlightenment]

Kays have written to me and said they are not pursuing the debt as they failed to provide me with a CCA.

 

However, the day after this letter arrived I received 6 defaults.

 

This was quoted in another thread;

 

it is a criminal offence to carry out licensable activities without a CC Licence

 

The letter saying they are not pursuing the debt was one day before the date on the defaults, so basically they issued me with defaults after they said they were not pursuing it. (They were in dispute anyway as 12+2+30 days had passed)

 

Is this lawful for them to do this with no CCA, can they put anything on my credit file and if not is there a template letter anywhere?

[cerberusalert]

As there is no agreement you can send them a Section 10 notice telling them to remove the adverse information. Have a read through Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

 

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

 

 

Print DONT sign and send by recorded delivery minimum.

[Enlightenment]

Many thanks, I'll send the letter on Monday.

[cerberusalert]

If they refuse to remove them, have a look at; Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums