Help with Credit Account Management

[xv255]

Hi,

 

Just credit checked myself and found a default notice from Credit Account Management.

 

Company name:

CREDIT ACCOUNT MANAGEMENT

Account type:

Mail order

Started:

02/06/2007

Default Balance:

£274

Current Balance:

£286

Defaulted On:

22/05/2008

 

After digging I found that they act on behalf of Additions Direct.

 

I made a purchase from additions in 2007 using a credit card (mastercard). I sent the goods back and the refunded me. They then say they refunded me again. I and my card company could never trace the second refund. After being bounced around different companies chasing the debt I have explained my position and thought it had been accepted.

 

I have never (to my knowledge) entered into a credit agreement with additions

 

I have also never received a default notice.

 

What (if anything) can I do to get the default removed?

[blueda]

Hi xv255 and welcome to CAG, I have not had dealings like this, i would suggest contacting the office of Fair Trading to get the ball rolling on this. Have you kept all correspondence from them ?. You should have recieved a default notice, so they are in the wrong, you can write to them and requesting a copy of the Consumer credit agreement ( CCA request ) Here is the link to the templates page, Letter N. If you do send the request then send a £1.00 postal order dont sign the letter and post it 1st class recorded delivery, they would by law have 12 +2 working days to give you a reply.

http://www.consumeractiongroup.co.uk/forum/generel-debt-issues/20758-creditors-dcas-letter-templates.html

[IdaInFife]

I would add to the cca in red so you can get what you need

 

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide including but not limited too:

1 True copy of credit agreement

2 Any default notice

3 Full statmenet of account

4 List of any charges,interest or fees added the account

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

Mr A N Other

Ida x

[donners21]

you could try digging out bank statements... ask them when they suposedly refunded you on what date and to which acc, then you can send copies of your bank statement, anything not of rellevance blank out, you only need to show it hasnt been refunded to your bank twice for the date and value they specify, this proves it all.

 

Just an idea?

 

Donners

[xv255]

Hi all,

 

I had tried going down the old statement route but was told that it was on the computer so must be right. On a better note, I have just recieved a letter from additions telling me they are unable to locate the original signed documents enclosing a copy of their latest terms.

 

Good news?

 

How do I get the default removed? A letter to additions? Or to c.a.m or the referance agencys or all of them?

 

Thanks for your help I feel that Iam finaly getting somewhere

 

Dv

[IdaInFife]

getting the default removed is a very frustrating

 

have a read of this:

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

 

Ida x

[xv255]

Ok, This is what I am sending them, Wish me luck!

 

Dear Sir or Madam

Account number - 0xxxxxxx

 

I wrote to your agents, Credit Account Management on the 16/04/2009 asking for some relevant information. I enclose a copy of the letter which sent via recorded delivery. They have obviously no record or ability provide the requested information as they have passed it back to you.

You wrote back to me on the 02/05/2009 without answering two of the questions put to you in the original letter.

“This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide including but not limited too:

 

1 True copy of credit agreement

2 Any default notice”

If you do not answer my original questions and reply within 7 days you would be in breach of your duties under Section 78 of the Consumer Credit Act as 28 days will now have passed from the date of the original letter. I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office.

I am not interested in your current agreement terms and as you are “unable to locate a copy of an executed agreement” I request that you immediately instruct all credit reference agencies that you use and any agents you have passed my details on to, to removed any reference to a default on this account as no credit agreement was in place. I further request that you forward me a reply to the effect that the above has been carried out.

Yours faithfully

[IdaInFife]

good luck x

[xv255]

Nothing back from Additions. B******S:mad: however i am not stopping there. I phoned Experian and got told basically tough, Additions owns the data but they would query Credit Account Management on my behalf.

 

More Letters

 

The first to Additions

 

Dear Sir or Madam

Account number - 0******

 

With reference to my letter dated 10th of May 2009. I have not received any further communication from your company and note that the default is still active on my credit reference account by your agents Credit Account Management Ltd.

I have had no choice but to raise this matter with the financial ombudsman under case reference 8*****. It is also my intention to raise this matter with Office of Fair Trading and the Information Commissioner's Office in due course

I have raised a case with the Financial Ombudsman, lets see where that goes...

The second letter to Credit Account Management

Further to my letter to you dated 16th of April 2009. I have since received notification from Additions Direct that they do not hold a true copy of any credit agreement signed by me under the Consumer Credit Act 1974. I enclose a copy of this letter for your records.

I have sent a copy of the enclosed letter to additions on the 10th of May 2009 requesting that they

“Instruct all credit reference agencies that you use and any agents you have passed my details on to, to remove any reference to a default on this account as no credit agreement was in place. I further request that you forward me a reply to the effect that the above has been carried out.”

In light of the documented evidence in this case and the fact that Credit Account Management made the entry with the credit reference agency’s I respectfully request that you also instruct all credit reference agencies that you use and any agents you have passed my details on to, to remove any reference to a default on this account as no credit agreement was in place.

I would appreciate written confirmation that this action has been carried out otherwise I will have no choice but to escalate the matter to the relevant authorities including the Financial Ombudsman, Office of Fair Trading and the Information Commissioner's Office.

 

Yours faithfully

 

So will have to wait ages to see if they generate anything positive. Any Law Lords on here know if I could take CAM to the Small Claims Court in in Inverness? i am up for it!!!

 

XV

[xv255]

Update...

 

I am delighted. Got the default removed from my account. I have a letter to back this up and have checked with experian etc andit has gone. Interestingly when I tried to pursue this through the credit reference agency the day before I got the letter I got a reply telling me that it was all correct that the default was there... I wonder if they even bothered to check.

 

Also additions wrote to me telling me that they would not be perusing the debt and they would keep the internal records / notes. I am tempted to write back and give them some grief regarding holding data under data protection rules. As they never had my consent for a CCA I suspect that could not prove they had my consent to hold any data. Just a thought...

 

I also complained to the OFT and got an apologie from Additions telling me that they are investigating how this could have happened.

 

Finally, Ida thank you for all your advice and to anybody reading this there is hope, use the letters above and recorded delivery!

[IdaInFife]

well done

 

one thing you may consider is ther any charges on the account? would this wipe the balance?

 

ida x