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Illegal Default Notice?


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HI everyone,

 

I have had a default placed on my experian account by Credit Account Management for a Littlewoods account fraudulently set up in my name,i'm currently getting a letter together to ask them to remove the default before i start legal proceedings,my question is this is it illegal to place an account in default without notify the person of the default?if it is, does anyone know which part of the consumer credit act refers to this? if possible i'd like to include this in my letter.

 

Thanks for the help

 

Andy:-x

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Will move your thread Andy.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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silly question i know, but how do you know it was fraudulently set up?

is it simply the fact that you have never had a littlewoods a/c?

just remember, they now handle a good percentage of all past catalogue co's and an awful lot other shopping stuff.

have you never had one of these types of a/c? or do you know that someone set it up without your permission?

 

as for the 'no notification about placing the default'.

 

i think that matters not, even if you got one, you would still be in the same position.

 

tell us more

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If the account was setup by someone else in your name then I would simply report it as fraud to the police to get a crime number and then forward that to littlewoods.

 

Once the fraud has been sorted (and confirmed) littlewoods should willingly remove the default and all other info .

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Thanks for the reply,

 

I reported it to the police and told the DCA the crime number but they still sent it back to littlewoods who through Credit Account Management,sent it to Experian as a default,it can't hurt to remind littlewoods direct of the facts.

 

Cheers

 

Andy:-?

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Sorry Dx,

 

I didn't read your mail before ploughing on with the last message,and so the story goes,

 

I recently checked my Experian Credit file to find a default notice placed on the account by Credit Account Management,it started when I sold my house in March 2005 to a young couple,they set up an account in April 2006 with littlewoods (along with another account with Virgin Media which has now been cleared up) in my name and bought goods to the value of £185,they defaulted on the account in April 2007.

 

In March 2009 I received a call from SRJ Debt Recoveries threatening to send in the bailiffs if I didn't pay the money owed by the other people,I reported this to the police and got them to ring SRJ regarding their threatening phone calls,I provided SRJ with the information proving that I didn't live at the address when the fraud occurred and that the DOB on the CCA wasn't even mine along with proof that i had moved out of the area.

 

I didn't receive a reply back from SRJ and I assumed that the matter was closed until I read my credit report , I phoned SRJ this morning and was told that the file with them was closed and that it was littlewoods who had placed the default on my account via CAM, my question is what do i do now to have this default removed from my account:-?

 

Cheers

 

Andy

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It should tell you on the report who has registered the default.

If Littlewoods assigned the debt (sold it) then CAM should have re-registered the default.

Of course it could have been and was very likely to have been Littlewoods who entered the default back in 2007.

You need to determine who owns the debt now-which should be on your credit file where it gives details of people to contact about entries on there.

Next you should send them a section 10 notice under the DPA a template letter for this is available on the site.

Within the body of that temp you should state that you were not the person and they have been informed of this.

 

Send it recorded and keep a copy.

I would simultaneously send a complaint to the ICO.although they are likely to want to see any response from CAM following your complaint,this is why you should have everything in writing.

 

If CAM then fail to give an undertaking that they will not remove adverse data,then you are free to file an N244 application on notice for a court order forcing them to do so,together with costs and compensation at the courts discretion for their breach of the first principle of the DPA.

However you will need to show the court evidence of CAMS response to your s10 notice.

Dont forget to address the s10 to the data controller/data compliance manager.

Keep us posted.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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