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CCA and CRA

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I am really confused around the legalaties of a non signed CCA and your data passed onto a Credit Reference Agency.

 

If an account was opened in 2002, no CCA involved, can your data legally be passed onto a CRA?

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I am really confused around the legalaties of a non signed CCA and your data passed onto a Credit Reference Agency.

If an account was opened in 2002, no CCA involved, can your data legally be passed onto a CRA?

 

What type of account? A bank account, a credit card account? A mobile phone contract? More info needed please.

Edited by Bazooka Boo
A becks typo!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Its a catalogue account. Why would different laws apply?

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Its a catalogue account. Why would different laws apply?

 

Mainly because a mobile phone contract does not come under the CCA umbrella, and mortgages, well thats a whole other bag!!!;)

 

So a catalogue account, unfortunately I don't have any experience with these types of accounts, but you can bet your bottom dollar that someone else will come along and advise you accordingly:D


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks :)

 

Part of my issue is that I didnrt request a credit account with them, infact I requested not to have one and that I wanted to pay it off in one go.

 

I made that really clear to them and then it turned out there was £900 credit.

 

Stupidly I thought ok cool and went ahead and purchsed something using the credit option.

 

I don't owe them a penny now but they lodged a default from 2006.

 

Im just trying to establish if I have any rights not signing a CCA as I understood this gave them permission to pass on my info to 3rd parties.

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Hmm?

If you didn't sign an agreement with them then I fail to see how they are able to lodge a default marker on your file?

 

As a CCA request would be pretty pointless as there isn't one, have you thought about sending them a subject access request to them? In fact ignore that, thats not the issue here.

I am thinking that even though you expressly told them you didn't want credit, which they did in fact give you, then by spending on that credit I would have thought would have acknowledged to them that you agreed to be bound by their terms and conditions?

 

You could always send them the request to stop processing your data and see what they come back with, but it would be interesting to find out if when you request a CCA whether they fabricate on or do indeed acknowledge they don't have one, then you can inform the ICO and ask them to investigate data protection breaches, also HowToComplain and Consumer Direct

who in turn will forward your complaint onto Trading Standards:grin:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks BB.

 

I have a letter I received yesterday stating they don't have a CCA and then just outlined the history of the account and that was it.

 

I fully appreciate that I spent the money, if it had all been done properly I would do what I normally do and setup a direct debit. So I understand my part in it. Maybe I am a credit junkie - I just think outside of this there is something wrong with the system if you can get credit that easily when you specifically don't want it. But hey ho. Nobody forced me.

 

But its for such a small amount it really irks that a horrible sweatshirt that I was late paying for now means I can't get a mortgage for another 3 years. :D

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I'm suprised they didn't send you a blank CCA saying that's what it would look like. If they had, you could have sent this;

 

Dear Sir,

 

Thank you for your letter of xxxxxxx telling me what my agreement would have looked like, please see below what payment would have looked like if you had been able to provide an enforceable agreement;

4to5zd.jpg

 

Yours Truly,


Anthrax alert at debt collectors caused by box of doughnuts

 

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17 Port & Maritime Regiment RCT

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LOL thats great.

 

Sorry they did actually send me one of their latest CCA's as an example. But thats nothing to me, it was 6 years ago that the account was opened.

 

It amazes me that these catalogues can charge you £12.00 for a late payment. Even by one day. So the costs just add up and up.

 

Mine is all paid up but I wish there was some action group disputing this. Then I could also question the default based on unfair charges.

 

Btw i I did pay the £10.00 what kind of paperwork would I receive back?

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Btw i I did pay the £10.00 what kind of paperwork would I receive back?

 

I have no idea:cool: But you can be pretty sure that they would have to send you your cheque back when they can't pluck one out of thin air:D

 

Defaults will automatically drop off your file after six years, I know it's of no consolation to you now but the only other method I guess would be to speak to the CRA and see if you can put a note on your file to the extent that it was only one missed payment?

 

And ask the catalogue company for their complaints procedure, then spend the next three years running them ragged, and complaining to all and sundry about their shoddy tactics!;)


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I was reading through the data protection act Data Protection Act 1998 (c. 29)

 

I'm not really clear if this means they can process data without the CCA. I will write a letter today saying they can't :)

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Finally received a letter back saying the old chestnut that they would not remove the default as despite the fact they do not have a single piece of paperwork relating to my account I willingly took part in the purchase and therefore they have every right to process the data.

 

If I am unhappy with that decision to contact the Ombudsman. That seems pretty pointless.

 

Anyway I decided then to close down my other account with them and my sister did the same.

 

I will just have to see it as lessens learnt.

 

One thing though that annoys me, with the second account I have when I arranged it I made it perfectly clear I did not want a credit account. I actually said I just wanted to pay straight away. The woman agreed and just sent me a catalogue. I did not sign anything, hear a recording about credit agreements or anything.

 

It wasnt until over a year later I happened to look at my credit file and saw that they had opened a credit account with £900 spending limit.

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thanks. But are there actually any cases where people have got these removed based on the letter templates here.

 

I don't see one success. I need motivation :)

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I think the answer you are going to get is no...simply because its hard to fight these unless you can prove its an error...and would also prove expensive

 

There are people who claim to have done this and I will probably be shot down soon but I have accounts where the DCA has admitted no CCA so they can't collect and that technically the debt is written off..however they wont remove the credit file info I have written to the various bodies but in my case it easier to wait the 6 years 2011 and let it drop off...


Live Life-Debt Free

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