Avon Default Notice on Credit File yet not received!

[loobyloo35]

I have just purchased a copy of my credit file and Avon have placed a Default Notice for June 2009.

 

Now firstly, this account is in dispute and secondly they have never sent me a Default notice!

 

Can someone point me in the direction of what letter to send them and how to get this Notice removed thanks

 

LL

[cerberusalert]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980

[loobyloo35]

That's the one I thought it was - thanks v much will get that sent off asap

 

LL

[loobyloo35]

I guess the chance of them removing it is pretty much NIL?

[cerberusalert]

You can but try.

[loobyloo35]

I have now sent the letter, so we shall see what happens......

[loobyloo35]

They have written back to me but have not removed the Default on my credit file.

 

Is there anything I can do about this as I have NEVER received the Default Notice??

[cerberusalert]

Have a read of; Knocked back by a DCA on a Sec 10 notice? - The Consumer Forums

[loobyloo35]

I have had to type up this letter as I cannot scan this at work, can anyone advise on how to proceed please, thanks

 

We refer to your letter of x and note you have issued formal notice under s10 of the DPA.

 

Whilst you demanded a response within 14 days we refer you to section 10(3) of the DPA which states that the Data Controller has 21 days from receipt of such notice to reply.

 

We should like to point out that Section 10(2) sets out conditions under which Section 10(1) does not apply and we would specifically draw your attention to schedule 2 which states:

 

1. The data subject has given his consent to the processing.

2. The processing is necessary for the performance of a contract.

 

You signed an Avon Rep Agreement on x and we refer you to the front of the Agreement which states:-

 

I understand that acceptance of this Agreement is subject to credit status. Details of how I/we conduct the account may be disclosed to the credit reference agency. This information may be used by other lenders in assessing applications from me/us and members of my/our household and for occasional debt tracing and fraud prevention. I agree to the terms of the Avon Sales Rep Agreement and any subsequent amendments. I agree for my details to be processed by Avon and its Agents for the duration of this Agreement and 2 years thereafter.

 

We would also refer you to para 10, page 13 of the yellow handbook that was provided to you on signing the Agreement. Avon has therefore processed your data in accordance with the consent given and the DPA.

 

You have an outstanding sum of £x and whilst you have intimated that there is a dispute regarding this sum we have no record of any dispute being raised in respect thereof.

 

Our records show that the balance o/s is for non returned recharges for Dec 08 and Jan 09, we have now passed this matter to a debt collection agency and the debt has been registered with a credit reference agency on or around 22nd June 09 in accordance with the terms of the agreement.

 

Should you require us to investigate the alleged disputed debt further you need to provide us with copies of your returns book duly stamped by the carrier. Once you have provided us with this we can readjust your account accordingly and that this point we will remove any adverse entries registered by us against you.

 

As you will note from the above we have reasonable grounds for registering the adverse entry against you but should you wish to make a county court application in respect of this matter we reserve the right to bring this letter to the attention of the court and seek an order for costs on an indemnity basis.

 

Ok - so now what do I do? Thanks LL

[loobyloo35]

This is my reply...... advice please before sending it to them.

 

Thank you for your letter dated 4th August 2009 regarding the alleged monies due on the above account.

 

You state in your letter that to enable a dispute to be looked into you require the copies of my returns book showing that these have been stamped by the courier. Unfortunately, I am no longer in possession of these as I destroyed them when I closed the account and decided not to pursue my Avon position. At the time, I was under the impression that all monies had been cleared off the account and that I would receive no further correspondence from you.

 

I am now in a position whereby you say that I owe in excess of £300 and a Default against my name on my credit file. At the time of writing, I would just like to point out that I have never received this Default Notice. Had I received this, I would have made contact with yourselves much sooner. You have also not given me sufficient time to respond to the Default Notice, given that I did not receive it.

 

With this in mind, I would like to request that the Default Notice is removed due to non-receipt. I would also like to state that if I cannot prove that I have returned the goods and I am liable for this debt I will pay this via standing order; please therefore provide me with your bank details to enable me to do this.

 

However, should I be able to prove that I do not owe this debt then I will advise further.

[Desperate Daniella]

Hi Loobyloo,

 

I've only just seen this thread. Just an outside chance but do you have any old email correspondence about the returns?

 

I find it astonishing that they did nothing for over six months, no letters, no calls, nothing, and now this.

 

Also have you tried contacting the carrier, and asking for their records? Maybe they could help? I'm sure they must keep an independent record of what they collect from where.

 

Good luck,

 

DD

[jjandbump]

Hi there, they have done EXACTLY the same thing to me, however i didnt get all the goods, and the sales manager kept ordering random stuff, i have had enough