NDR unsigned Credit agreement help

[Saintlvr]

Ok, this is what I am thinking of sending, does it make sence? dont want to look like an idiot now I have got this far LOL

 

 

Legal notice under the Data Protection Act 1980

 

 

To; The Data controller/compliance Manager Shop Direct Finance company Ltd

 

Your Ref: XXXXXX

Your Letter Ref: XXXXXX

 

Thank you for your letter dated 2nd March 2010 in reference to the above the contents of which are noted.

 

Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980.

 

I demand that you cease processing of my Data by any means whether written or electronically, with third party individuals and

organisations. In addition to processing, this also means passing, amending, sharing ,and management in any form of my Data in whatsoever filing, both manually or electronically.

 

In compliance with the Information Commissioners guidance, I give you 14 days to comply with this request.

 

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.

 

Specifically because;

 

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files, which relate to unfair charges currently in dispute. Whilst the dispute remains, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, & to date you have been unable to provide me with a TRUE COPY of this agreement as per my requests.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

(ii)That recorded defaults on my credit files by yourselves are in dispute.

 

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

 

(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.

 

(iiii) That the adverse data you continue to process, manage and pass on to third parties impedes my ability to apply for credit, mortgages or other financial services.

 

(iiiii)That as a data controller/compliance officer, you have a responsibility under the Data protection act to observe all principles set out therein, within the act.

 

I expect an acknowledgement of your intentions to comply, and if you do not agree, your reasons for being unable or unwilling to do so.

 

I will give you 14 days to forward this to me in writing.

 

Under the Data Protection Act, a County Court has the powers to order compliance of any breaches it sees fit, together with compensation, at the discretion of the court.

 

Should you fail to comply, or give just and reasonable reasons as to why you will not comply, I will consider making an application to my local Court on notice to force compliance, together with costs and compensation.

 

I look forward to your reply.

 

Yours faithfully

[cerberusalert]

They're not supposed to, but you'll have to fight tooth & nail to get them removed.

[cerberusalert]

Ok, this is what I am thinking of sending

That's fine.

[Saintlvr]

Great thanks Cerberusalert, you have been a great help

[Saintlvr]

Just a thought, can i claim back everything I have paid them over the last few years?

[cerberusalert]

No that's seen as 'unfair enrichment' by a court. You may however reclaim any unfair charges if they outweigh the remaining balance which is now due. But as it's still with the original creditor they'll only offset it against the debt.

 

The debt still exists it's just that it's legally unenforceable.

[Saintlvr]

Ah great, i wasnt bothered about it, im glad that its sorted, was just a thought

[Saintlvr]

Well these jokers really dont know what the other hand is doing!! I received a default notice this morning along with a demand for just over £1900 to be paid Immediately!!

 

Are they reeelllyyyyy that stupid??!!!

[cerberusalert]

Are they reeelllyyyyy that stupid??!!!

 

Can you post up the Default Notice after removing identifying details.

[annie2355]

Hi all, I am taking notes and doing this myself with NDR and have gotten to sending the second letter as, surprise surprise, they could not produce a signed CCA.

 

As far as the telephone calls go you have to send them a letter and put it in writing that you require them to remove all your telephone numbers from all their records in accordance with the Data Protection Act with immediate effect. That you will only deal with them by email or letter. It has to be your instruction in writing but it worked for me with all my creditors, as I was very nearly suicidal being bullied by hundreds of DCA phone calls for months and months on end after my husband left me with a mountain of debts.

 

I shall keep you up to date with how I get on with NDR. Is there any way that whatever they have posted to credit reference agencies about accounts they do not have a CCA for can be removed? Surely the credit reference agencies are not allowed to leave unlawful information on their systems?

 

Thank you so much for helping, it is such a relief. Cheers

[Ace of Spades]

(sorry to hijack)

 

They are not Default Notices they are Notices of Default, a subtle difference but until they provide you with a 'Default Notice' they are not supposed to register it on your credit file.

 

I thought they were the same thing! What is the difference between the two?

[cerberusalert]

They are required to send you a Notice of Default when your a/c gets into arrears. A Default Notice has to be sent to give you chance to remedy the arrears before they can mark your credit file.

[annie2355]

OK I have now received 2 letters. One from NDR dated 13.3.10 but not received until 25.3.10 with a summary, a statement and a Letter of Default Served under the Consumer Credit Act 1974. The other from Additions (this is the account NDR write to me about) of a Default Notice Served under section 87(1) of the Consumer Act 1974, same date. When I originally lost my job back in Jan last year, after my husband left, the account was approx £370. And also I wrote several times to both NDR and Additions with an offer of reduced payment due to severe financial difficulties, they ignored them and just kept adding charges and fees even though I sent a reduced payment every month until this month. The account is now at £1088.11. Help. Is this what is meant by a notice of default or a default notice and what do I do about it???? Your help pleeeeeeeeeeease. xxxx

Edited March 29, 2010 by annie2355

[cerberusalert]

Can you scan the notice, remove identifiers and post it up?

[annie2355]

Hi there, I think I have done it successfully - please find default notice sent. I hope you can help. Many thanks

Additions Default Notice 15.3.10 -.PDF

[cerberusalert]

The DN is rubbish as well, it's not laid out in the proper format.

[Saintlvr]

would you believe their cheek!! TODAY i received a notice of missed payment, along with a CHARGE of £12 to the account ... the same account they wrote to me about on 2nd March telling me they will not be pursuing me for the money!!

 

I telephoned them, got jumped up numpty on the phone, telling me if i have a letter telling me they wont be chasing the debt then to ignore everything they are sending, as I wont have anything to worry about!! What dont they get about the whole 'Harassment' thing .. ARGH!!!

 

They havent respnded to my Legal notice under the Data Protection Act 1980 which i sent to them on 5th March either!!

[Saintlvr]

would you believe their cheek!! TODAY i received a notice of missed payment, along with a CHARGE of £12 to the account ... the same account they wrote to me about on 2nd March telling me they will not be pursuing me for the money!!

 

I telephoned them, got jumped up numpty on the phone, telling me if i have a letter telling me they wont be chasing the debt then to ignore everything they are sending, as I wont have anything to worry about!! What dont they get about the whole 'Harassment' thing .. ARGH!!!

 

They havent respnded to my Legal notice under the Data Protection Act 1980 which i sent to them on 5th March either!!

[annie2355]

Hi Cerberusalert, thank you for that. If the DN is not in the proper format and they pass on a notification to CRAs, will the CRAs refuse to add the info as it is not in the correct format? Is there anything I can or need to do about it? Many thanks

Edited April 1, 2010 by annie2355

[cerberusalert]

A defective DN means that when they terminate the a/c they can only claim for the arrears not the full amount, it's just another weapon in your arsenal because as yet they haven't produced an enforceable CCA anyway. I'm afraid it won't stop them marking a default on your credit file tho'.

[annie2355]

How would I go about getting them to terminate the account? Is that possible? Many thanks

[cerberusalert]

They terminate when they sell the debt to a DCA.

[annie2355]

Oh OK. So I will just sit tight and wait for them to make the next move. Thank you very much for all your help. It is good to know about this site. I have passed on details of this website to friends and family.

[katscratchmeow]

Hi I am in the same situation as you are with NDR and followed the same procedure I am wondering wether you have been passed on to DCA yet, I would be very gratefull if you could keep your thread updated so I have an idea what to expect.

 

Thanks K

[annie2355]

Hi Katscratchmeouw, No I have not been passed to a DCA yet, but I have received a letter saying they are not going to pursue the debt but it will remain on file. And then, sure enough after that I received another Default Notice. So I am just doing as advised, and sitting tight. My credit rating is shot to hell anyway, so heaping more default notices on it cant make it any worse than it already is. Shame on them really, I am in such a financial bind at the moment, Next catalogue aren't doing this to me, so I know that it is their choice, NDR that is, to financially bully and intimidate the people without the means to fight back like me, until I found this website. It has saved my sanity. Hooray for CAG. Woo Woo Woo!