Default - Kays Catalogue Friend Customer - No Signed Agreement

[1pc1]

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

[1pc1]

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

[1pc1]

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

[blueda]

Give the above number a call and give them the information that you have starting with the above reference, then name and address, and take it from there.

[1pc1]

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

[cerberusalert]

As your wife is in fact the a/c holder with Kays, has she checked her own credit file?

[1pc1]

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

[cerberusalert]

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

[1pc1]

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

[cerberusalert]

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980 and have a read of Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

[1pc1]

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

[cerberusalert]

The link I gave explains what to do.

[1pc1]

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.

[IdaInFife]

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