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    • 1. who knows... 2. not the whole A/C vanishes from your file on the DN's 6th b'day ...already carefully explain this. 3.yes 4.already carefully explain this.
    • if i remember rightly, long ago in one of the first drafts of the old proposed gov't overhauls, there was a listing of recommended 'charges' that inc wrong reg = £20. some PPC's implemented such changes in advance. then later as it looked increasing likely the new code was never going to be implemented after it's 1st review and another set of codes was to be debated they all quietly revert back .......... dx
    • Potentially it may not even get sold on? Just the default left for 6 years then gone? but if it is sold on ill get a letter from the DCA which is the notice of assignment? Sorry what is the different between a default notice and a default cal marker? yes, i may try and work arrangements out with the OCs after the breathing space but I'll see my circumstances then thank you again for all your help and patience, I really appreciate it and apologies If i am too fast or repeating myself.
    • receiving a default NOTICE (forget simple default cal markers) does not mean it will get sold on... OC's very very rarely do court themselves.  if it does you would receive a Notice of Assignment from the debt buyer/DCA.  as for reduced payment if it remains with the OC and they issue a DN, no harm in trying but lets get all your ducks inline first. dx  
    • okay thanks do you know how long it will take for it to get to the DCA or could the OC try and issue a CCJ? even though it's unlikely also for example would the OC agree to a reduction and a small payment over a super lengthy period of time if agreed? Rather than go through chasing apologies again for all the questions, just trying to understand all the possible scenarios.  
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Default - Kays Catalogue Friend Customer - No Signed Agreement


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Hi All

 

This is from a previous thread here in light of new information and advice so I have started this thread.

 

My wife was a customer of her friends catalogue for years but had payment difficulties and fell behind. Eventually she managed to pay it all back but the DCA International Collections Group Limited / XXXXXXXXXXONAL or Kays put a default on her Credit File in 2005.

 

She signed no agreement which may be normal for catalogues when your not the account holder. It was only her address and name for parcels that was supplied to her friend. How have they been able to put a default on the account without a signed agreement.

 

The default also states an incorrect DOB, where they got this is anybodies guess so I thought this default would have to be removed anyway as it is incorrect.

 

My wife tells me she was not the account holder of the Kays Catalogue, she was only a customer to one of her friends so there was no agreement signed by my wife with them and no personal details given other than name and address for delivery of parcels.

 

Problem is we now have no details of account numbers or the like to contact either Kays or the DCA to send a SAR, is this something Equifax will supply. We have also moved address.

 

Any help appreciated.

 

Thanks

Les

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Contacted equifax yesterday, very long time to speak to a human, 35 minutes yesterday and 25 minutes the day before. They say they are very busy just now but I would say its taking the biscuit.

 

Anyway they said I had to do an online dispute which I did and I also requested the details of account numbers of Kays and the DCA. Equifax say the allow 28 days so I will keep this thread posted with replies.

 

Ta

Les

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  • 2 weeks later...

Equifax replied with contact details for Kays catalogue but they have not supplied any account number.

 

Credit Agreement - SHOP DIRECT FINANCIAL SVCS LTD(I)

 

The company has investigated your query and have requested that you contact them directly using the details below. This information will remain unchanged on your credit report. .

 

The note previously added, stating that your information was in dispute has now been removed.

 

Contact Details

Phone: 0844 8224698.Address: Credit Reference Enquiry Department, Aintree Innovation Centre, Park Lane, Netherton, Bootle, Liverpool L30 1SL

Will I not need an account number to request SAR.

 

Thanks

Les

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I called the catalogue and got the account details and the woman on the phone was trying to say that it didn't matter if there was a credit agreement or not they could still default my wife. Don't think this can be correct can it.

 

Away to SAR them now so will see what they reply with.

 

Ta

Les

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My wife was not a direct customer of Kays, she was a customer through a friend and just paid her friend until she got into difficulty. After this Kays sent bank Giro slips out and my wife paid direct to them.

 

My wifes Credit Report has a Settled Default for £1200 to Kays, its here report I have been tlaking about not mine.

 

THanks

Les

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This is weird they way they're carrying on because in fact the a/c is the agents, the woman your wife ordered goods through. When it comes down to it any contract your wife had would be with her not Kays.

 

The only route I can think of is to send Kays http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980

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  • 1 month later...

Sent the letter you suggested cerberusalert, amended to suit but had no reply from them and I sent the letter 29/06/09.

 

I am just going to take them to court to get the default removed and claim compensation, how do I go about this and how much will it cost me to take them to court.

 

I am writing to them tomorrow with a copy of the original letter I sent in June attached and will give them until 25th of August to Reply.

 

All help appreciated.

 

Ta

Les

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The letter you say to send is the one I sent already amended to suit and got no reply.

 

Will be resending tomorrow with a final letter before I take them to court if this is possible.

 

Regards

Les

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  • 1 month later...

Got a reply from Kays here page 1 and here page 2 which doesn't really help us in any way.

 

My wife has no recollection of any changed account number. Its so long ago now its difficult to say for certain.

 

Surely she would have had to sign any new agreement.

 

What should we do now.

 

Thanks.

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something else for you to read

 

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

 

 

if you have followed the link in cerbs post about sending the cpr 31.16 then the next step would be to follow it through via court

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

 

gives you step by step

 

ida x

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