catalogue says wont pursue money, leave credit rating

[collade]

remember they already sent me letter saying no signed agreement so they wont pursue money just leave unsatisfied on credit agency then the above arrived

[collade]

Toulose LeDebt

thanks for help i did send them a letter section 10 etc but still returned a default letter above but thanks for your help i think i might have to go to fos and complain

[Toulose LeDebt]

Toulose LeDebt

thanks for help i did send them a letter section 10 etc but still returned a default letter above but thanks for your help i think i might have to go to fos and complain

 

Write to them again with another Sec 10 stating specifically that they have no contractual right to be sharing this information as you have at no time agreed to this behaviour.

[collade]

shall it be the same section 10 i copied one you gave someone else in previous thread ?thanks it goes above my simple nogging how do you sleep at night with all this knowledge .lol;)

[Guest emma1979]

what is all this about?

[collade]

shop direct not having signed ca but trying to share my data etc ?

[Toulose LeDebt]

shall it be the same section 10 i copied one you gave someone else in previous thread ?thanks it goes above my simple nogging how do you sleep at night with all this knowledge .lol;)

 

If it's the littlewoods direct thread then that's basically what you need to send them (amended to suit yourself obviously).

 

Whether they provide a signed CCA or not this company do not have a clause in their T&C's in which you agree to them sharing your data with CRA's. Odd and very poorly drawn T&C's IMO but point this out to them and demand the information be withdrawn.

 

(Normally when they have no cca they claim they can share your data because you agreed to it on signup, with this company they cannot make this claim because there is no mention of credit referencing in the T&C's)

[collade]

it was Knocked back by a DCA on a Sec 10 notice i sent this one yes ammended it to suit me ok i resend it . what do i do about default notice date they have given me and should i hold off complaining to fos thanks again you becoming my saver

[collade]

me again update help needed

additions were served with my section 10 letter twice they have sent me a default letter and know passed it on to company called ndr can anyone help me with next move, this company have had so many letters of me its getting confusing they just ignore the fact i didnt sign a contract

[collade]

recieved this reply from ombudsman

If there are outstanding monies to a finance company it is entitled to register this information with credit referencing agencies. Although it has taken the commercial decision to not pursue you for the debt it has an obligation to register any outstanding payments with these agencies. Whereby there is no dispute that you have benefitted from the money, despite no credit agreement being able to be provided, it is not unreasonable for a company to register such information. Of course if you were pay to the money owed to the company it would have correct this information to settled.

 

i thought it couldnt be put on credit refrnce agency list now this im so confused please help

[Toulose LeDebt]

The ombudsman is taking the rather oversimplified view that contractual right exists (based on Information Commissioners Office decision).

In your case contractual right does not exist.

 

 

The answer lies in schedule 2 of the Data Protection Act 1998.

 

SCHEDULE 2Section 4(3).

Conditions relevant for purposes of the first principle: processing of any personal data

1. The data subject has given his consent to the processing.

2. The processing is necessary— (a)

for the performance of a contract to which the data subject is a party, or

 

(b)

for the taking of steps at the request of the data subject with a view to entering into a contract.

 

 

3. The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

4. The processing is necessary in order to protect the vital interests of the data subject.

5. The processing is necessary— (a)

for the administration of justice,

 

[F1 (aa)

for the exercise of any functions of either House of Parliament,]

 

(b)

for the exercise of any functions conferred on any person by or under any enactment,

 

©

for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or

 

(d)

for the exercise of any other functions of a public nature exercised in the public interest by any person.

 

 

Creditor does not gain contractual right under the T&C's of this account simple as.

[collade]

thanks for that , so how do i get them to remove data on credit refrence agency and do i list the above back to ombudsman for his reply

[collade]

can anyone help me on my next move as ombudsman says they can enter information on credit agency .id appreciate any help in what i should say to them next

[collade]

recieved letter from shop direct in reply to my letter asking them to remove data from credit agency files there reply

i can confirm that as we are unable to locate signed agreement i should explain that whilst a court has power under section 127 of the consumer crdit act 1974 to decide that we cannot enforce the agreement, it does not mean that the debt doesnt exist. there is clear evidence of a credit based relationsh between the shop direct group and you.the debt remains unsatisfied and this wil be noted on our internal file for future, this info will also form part of our records at credit refrence agency for 6 years. this is our final response

 

please can anyone help im confused now

[collade]

i need help please can ayone help me on my next move im siking fast

[The GodMother]

this is normal behaviour with Shop direct they have shares in one of the credit referance agencys so get away with this all the time.

 

I am sorry but they wont budge as this is the rules according to them. U may just need to put up with it. the rest of us that have had shop direct accounts have been trying for ages, 18 mths plus for me, to get the info off our Credit file without sucess.

[collade]

thats not fair is it , cant they be made to remove it why are they above the rules ? oooh thats made me angry lol thanks for reply

[The GodMother]

well its the way things are even the information commisioner office is in agreeance with them.

 

Save ur anger for somebody worth it.

[collade]

ok so i either pay up or shut up typical can i ask them to remove default charges and can i ask them if they are wiling to give me a settlement figure and if paid will remove data. what you reckon my luck on that one

[The GodMother]

now under the law u can offer them a full and final settlement of the account with conditions attached to the amount.

 

1 being that the information is marked as completly settled on your credit file or even removed from your file.

2 Littlewoods or no other company working on littlewoods behalf will ever contact you and ask you for the remaing balance.

[IdaInFife]

Account Number:

Dear Eejits

Thank you for your letter dated xx/xx/xx, in which you confirm that there is no executed credit agreement relating to the above referenced account and confirming that all collection activity will cease.

While admitting no liability for the account and the sum claimed as owing, I am willing to offer the sum of £xx as an ex-gratia payment in full and final settlement of the account.

This offer is made on the clear understanding that neither you nor any associate company will take any further action to attempt to enforce or pursue this debt in any way whatsoever and that any and all liability on our behalf will be fully discharged on receipt of the above stated monies.

This offer is made on the condition that of all adverse entries regarding this account are removed from our credit files with the credit reference agencies.

Payment can be made within 2 weeks of receiving your written confirmation of your agreement of this offer and the subsequent terms of the offer. Please also identify your prefered method of payment and the details of making said payment.

Please note this offer will expire on (date - give them a couple of weeks) if no letter of unconditional acceptance is forthcoming and may not be repeated. This offer is not open to negotiation.

We look forward to receiving your reply.

 

Ida x

[collade]

the The GodMother and IdaInFife thanks for your time and advice fingers crossed it will work .what do you think i should offer one is 350 and other is 200 owing.thanks again

[The GodMother]

Rite this is where i like to have fun.

 

Have you got all the statements?

 

if so i follow these simple rules.

 

1) add up all the goods ordered and note the total down.

2) add up all the goods return and note the total.

3) add up all the money paid on the account note the total.

4) add up all the chrges, late payment admin, pay point charges, non dd charges etc note the total.

 

5) add up the total of 2+3+4 then take it way from 1 and see what you have left.

 

If you have anything left then offer that with the conditions u want.

 

If you have nothing left then make a reasonable offer what you can afford on the account and stick to it.

[collade]

hi godmother

i got a reply back from one company shop direct today they have passed on to reliable collections and have stated this

the current oustanding is 199 the terms of repayment on which are 14.37 every 28 days the arrears of 57.48 and we ca confirm theres no ppplan. they refused my offer to clear account which was 40 pounds and oustandi stands the same .in relation to request for a copy of the excuted agreement true signed copy there is no requirement to provide a photocopy of the agreement it is suffient to supply you with a true copy of the agreement setting out the terms a true copy need not bear debtors signature in our cas the date of the agreement,were therfore enclosing a true copy, having ben provide this ther is no basis for you allege that your exonerated from payment you do not deny being in reciept therefor your assertion thta you have no legal liabilty for payment to be based soley on the fact that the relevant agreemet has not been signed, in this case we would like to make it absolutely clear that should you take the descision th not pay whilst all collections activity will cease the fact non payment will be registered with cra.please confirm your intentions ..

 

 

the debt is about 60 pounds in goods the rest are charges what shall i do now please advice thanks

[The GodMother]

Its up to u really. Do u have a letter from Shopdirect to say they wont be collecting on the account?