catalogue says wont pursue money, leave credit rating

[collade]

hi im new in need of help

i wrote to catalogue asking for signed cca they wrote saying havnt got one so will not pursue me for monies but will mark unsatisfied with credit rating agencys and there own files can they do this ?

id appreciate your help thanks cj xx

[version302003]

I have replied to your PM but No they are not supposed to continue processing data without permission.

 

Maybe you could try a section 10 notice.

[collade]

hi im new so be gentle lol

in short a catalogue company didnt have a signed credit agreement with me so they said they are not pursuing money however they are going to leave unsatisfied on there internal and credit agency refrence files for 6 years , i dont think they can do that can you help me with next step

thanks collette

[cerberusalert]

Send them this;

 

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.

[collade]

i have sent them this they say they wont pursue monies but will put unsatisfied on credit rating agency ?

[cerberusalert]

Have you read through Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

[collade]

im going to try this will it be ok for shop direct? excuse my thickness im a newbie

[collade]

cerberusalert thankyou for time and patience

[cerberusalert]

im going to try this will it be ok for shop direct? excuse my thickness im a newbie

Yes

[debt free]

I have replied to your PM but No they are not supposed to continue processing data without permission.

 

Maybe you could try a section 10 notice.

 

whats a section 10 notice and where can i get a template letter for that as i also need this.

[dx100uk]

double post

[dx100uk]

don't forget the search on the blue bar above....

 

Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

 

 

dx

[collade]

thanks to everyone i have written letter fingers crossed. happy easter hols xx

[sea-sidelady]

Thread moved to the catalogue forum.

[collade]

hi all i am drowning slowly here and appreciate help

i didnt sign a cca with them they after several letters agreed they will not pursue funds but will leave unsatisfied on my credit agency score which im agruing they cant do , but today a letter arrived serving me a default notice and i have to pay in full ?im lost to what to do next can anyone help me ...thanks

[Windywoo]

Collade, it looks as if you have several threads going, about the same subject. If you stick to one thread you will get the help you need.

[collade]

how do i do that ? i thought i had to open new thread sorry newbie

[collade]

hiya sorry but i listed new thread didnt realise it just follows on can someone give me advice on new thread , also can i link new thread to this one

[Windywoo]

"hi all i am drowning slowly here and appreciate help

i didnt sign a cca with them they after several letters agreed they will not pursue funds but will leave unsatisfied on my credit agency score which im agruing they cant do , but today a letter arrived serving me a default notice and i have to pay in full ?im lost to what to do next can anyone help me ...thanks"

 

 

Collade, I've copied and pasted this from your other thread - keep to this one.

 

It might be an idea to post up the DN so we can have a look at it, keep the envelope it came in as well, as it could be deemed to be incorrectly served. Did you send them the section 10 letter?

 

 

[saintly_1]

Three threads merged and thread moved to the DCA forum

[collade]

hiya thanks windywoo

 

yes served them with section 10 and then sent a letter someone sent me from one of the links envelope is just plain white with shop direct address on back i will post dn in morning as i dont have copier i will have to type it up

[bones01]

subbing with interest in same place

x

[Toulose LeDebt]

I think it's high time to point out to them then that the terms and conditions under which a credit account with this company is regulated contains no provisions for the sharing of data with credit referencing agencies.

Strange admittedly but true. I noticed this last week when reading the Littlewoods direct small print for another Cagger.

 

Link

 

Obviously since they have no contractual right to share this data they are in breach of the DPA 1998 if they do it themselves and cannot assign something they do not have to a DCA.;-)

 

Terms & Conditions for a credit account

 

Credit Agreement regulated by the Consumer Credit Act 1974

This agreement is between us, Shop Direct Finance Company Limited, whose registered office is at Aintree Innovation Centre, Park Lane, Netherton, Bootle L30 1SL (the Creditor) and you.

 

Key Financial Information

1. Credit Limit – We will periodically fix the credit limit and notify you of it.

 

2. Repayments – You will be sent a statement every 28 days giving details of all transactions on your account during the period since your last statement or, if there has been no previous statement, the opening of your account. The first payment will become due 21 days after the date of your first statement, and all subsequent payments will be due 21 days after the date of the statement on which they appear. The due date will be shown on each statement. The cost of all goods purchased using the account may be repaid over 20 weeks. In addition, the option of repaying over 52 weeks may apply to selected goods as notified to you from time to time. You must make a minimum payment every 4 weeks. This minimum payment will be shown on each statement. It will be the total of the minimum payment applicable to all items purchased over 20 weeks and the individual minimum payments applicable to all items purchased over 52 weeks plus the total of any service charges (such as express delivery charges. Paypoint charges, insurance premiums and any other administration or default charges described below) charged to your account in that statement period.. We calculate the minimum payment applicable to items bought over 20 weeks differently to the minimum payment for items bought over 52 weeks. For the first item purchased over 20 weeks the minimum payment will be the price of that item charged to the account divided by 5. Whenever you purchase another item over 20 weeks the price of that item will be added to your outstanding balance for items purchased over 20 weeks and the minimum payment in respect of all items purchased over 20 weeks will then be that new balance divided by 5. For all items purchased over 52 weeks the minimum payment will be the cash price of that item divided by 13. If you wish you may pay weekly. If you do so the total payments made by you in each 4 week period, ending on the date on which the minimum payment shown on your statement is due, must at least equal that minimum payment.

 

If you use the account to purchase certain items we may ask you to make an additional payment in relation to that item. If this requirement applies we will determine and notify you of the amount and timing of the payment when you order the item

 

3. APR 0%

 

Other Financial Information

1. Total charge for credit £0.

 

2. Rate of interest– Purchases on this account are interest free i.e. the rate of interest is fixed at 0%.

 

3. Allocation of payments - Any payments made under this agreement will be applied in the following order. We may change this order for specific promotions, and if we do so we will tell you when we give you details of the promotion:

- Payment Protection Insurance premiums and then other insurance premiums (including, first, any arrears).

- Default charges and then any other charges (including, first, any arrears).

- Other arrears.

- Payment due on 20 week purchases.

- Payment due on 52 week purchases.

- Reducing the outstanding balance on 20 week purchases.

- Reducing the outstanding balance on 52 week purchases.

 

Key Information

Default Charges - Charges are payable by you in respect of the following matters:

• You fail to make at least the minimum payment by the payment due date - £12
  
• For any debt collection activity we undertake - £12
  
• Debtor Trace - £20
  
• Any cheque, direct debit or other item for payment into your account that is unpaid or dishonoured - £15
  
• Temporary payment arrangement letter fee - £10
  
• Transfer of your debt to a debt collection agency - £20
  
• Any court fees & costs incurred by us in pursuit of arrears
  

 

We reserve the right to vary these charges (or introduce new charges) at any time in accordance with clause 11. Details of up to date charges in relation to each of these matters are available from us.

 

Administration Charges

If you fall behind with your payments, we reserve the right to impose a charge to cover the cost of any action we may take. We will be entitled to debit your account with any costs incurred by us in respect of any missed or insufficient payment, including but not limited to dishonoured cheques, failed direct debits and recharged card payments. Payments received will be applied first in payment of insurance, interest and other charges as shown on the last statement and thereafter in the reduction of the current balance. Administration Charges:

• Copy statement - £5
  
• Immediate credit file update - £5
  
• Letter confirming clearance of your debt - £10
  
• Transfer of your balances - £12
  

Missing Payments

Missing payments could have severe consequences and make obtaining credit more difficult.

 

Important - Read This Carefully to Find Out About Your Rights

The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without getting a court order.

 

The Act also gives you a number of rights:

 

1) You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement.

 

2) If you received unsatisfactory goods or services paid for under this agreement you may have a right to sue the supplier, us or both.

 

3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us. If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.

 

Further Terms and Conditions

1. The credit under this agreement is to be used by you to purchase goods/services from retailers, outlets and brands agreed by us from time to time. We may debit your account on each occasion upon which you provide us with authority to do so, including verbal authority.

 

2. Purchases made on Buy Now Pay Later promotions will be charged to your account in full on the last statement before the first day of the month specified in the promotion. Once the Buy Now Pay Later transaction is charged to your account it will be shown as part of the current balance and will become liable for payment. Amounts owing under Buy Now Pay Later but not yet charged to your account will be deducted from your credit limit when we calculate the amount you have left to spend. The amount of credit available to you in relation to your account will be reduced accordingly.

 

3. We may, subject to any statutory notice period, demand from you immediate payment of the full outstanding balance if you fail to make any payment owing under this agreement by its due date, if you fail to pay any other sums due from you to us within any grace period to which you are entitled, if you fail to comply with any other terms or conditions of this agreement, if we suspect fraud or unlawful use of the account or if any information you provide to us in connection to the account is inaccurate. The outstanding balance for all purposes of this agreement will include all sums then due on the account together with all amounts due to be charged to your account at any time in the future. We may close your account immediately, and without notice, if you fail to comply with any terms or conditions of this agreement.

 

4. Either you or us may terminate this agreement by giving at least seven days written notice of such to the other. If you terminate the agreement, you must immediately pay the full outstanding balance to us. If we terminate the agreement you will not be able to obtain further credit under this agreement and must repay the full outstanding balance to us on demand.

 

5. If you are not satisfied with any aspect of this agreement then write to: Shop Direct Finance Company Limited, Credit Support Team, Aintree Innovation Centre, Park Lane, Netherton, Liverpool, L72 1LE.

 

6. You have the right to cancel this agreement under the Financial Services (Distance Marketing) Regulations 2004. This right to cancel ends on the expiry of fourteen calendar days beginning with the day after the agreement is concluded. You can cancel by sending or taking a WRITTEN notice of cancellation to Shop Direct Finance Company Limited, Credit Support Team, Aintree Innovation Centre, Park Lane, Netherton, Liverpool, L72 1LE. Fax Number 0870 263 5087. E- Mail [email protected]. If you intend to cancel, you should not use any goods you have under the agreement and you should keep them safe (legal action may be taken against you if you do not take proper care of them).

 

7. You must notify us in writing of any change of your address within seven days of such change.

 

8. If we temporarily relax any terms of this agreement e.g. allowing you more time to pay, we may strictly enforce those terms again at any time.

 

9. We may transfer any or all of our rights, duties and obligations under this agreement to any other person, or arrange for any other person to carry them out on our behalf, without giving notice to you. Any such transfer will not affect your rights under this agreement, or any other legal rights you may have, such as under the Consumer Credit Act 1974. You may not transfer your rights, duties or obligations under this agreement.

 

10. We reserve the right to vary the terms of this agreement at any time to reflect:

• changes in relevant laws
  
• changes in our system capabilities
  
• changes in market conditions affecting our business
  
• new developments in the market place
  

We will give you twenty-eight days written notice of the variation. Where any such change is not to your benefit, you may end this agreement by giving us written notice and paying us the full outstanding balance before that change takes effect.

 

11. This agreement is governed by the laws of England and Wales, which we also take as applying prior to the making of this agreement.

 

12. All communications in relation to this agreement will be in English.

 

13. If any term of this agreement is unenforceable for any reason, it shall not affect the enforceability of any other term of this agreement.

 

14. Unless you notify us to the contrary, we may appropriate any payments received from you to sums due under your account or under any other agreement you have with us as we decide.

 

15. References in this agreement to "you" and "your" are to the Customer named above. References to "us" and "we" are to the Creditor named above, and include any other party to whom our rights and/or liabilities under this agreement may be transferred.

 

16. We are a financial services company authorised and regulated to carry on insurance mediation business by the Financial Services Authority, under reference number 312190, and licensed by the Office of Fair Trading under consumer credit licence number 535857.

 

17. We are required to inform you that there is a possibility that other taxes or costs may exist during the currency of this agreement that are not paid via us or charged by us under this agreement.

[Toulose LeDebt]

subbing with interest in same place

x

Same applies bones. They cannot claim contractual right to share your data under Schedule 2 (2)(a) (I think it is) DPA 1998 if you have not agreed to this in the T&C's of the agreement.

 

Major cockup in the Legal Dept, looks like the T&C's were drawn up by an Accountant to me.

[collade]

default letter

dear ......

important you should read this carefully

default notice

served under section 87(1) of the consumer act 1974

running credit account

 

we refer to the above agreement which you have entered into with us. the payment clause of the agreement provides that you must make required periodic payment in full by its due date.you are in breach of that clause because you have failed to make all your payment in full when due,and arrears amounting £..... are oustanding.

to remedy the breach you must pay us total arrears before 7/5/09

IF ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FUTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF BREACH

 

IF YOU DONT TAKE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW WILL BE TAKEN AGAINST YOU

 

further action

on the date shown we shall require payment of the outstanding balance on account less any rebate allowable as set out below

if you have diffuculty in paying any sum owing under the agreement or taking any other action required by this notice you can apply to the courts which may make an order allowing you or any surety more time

if youre not sure what to do you should get help as soon as possible.

 

any tips on my next move

thanks cj x