Freemans /ACTIO ALBIS - Default help

[jimjams]

Hi there,

 

I am in the process of trying to clear my credit file up, I have one CCJ (which I am stuck with for 18mths) and a default which seems a tad unfair to me.

 

I have a Freemans catalogue account from about 1997, no issues until 2008 when the account reached £2000 and I got made redundant, and was out of work for nearly 14 mths, well out of well paid employment anyway. I am now back on track, with good money.

 

Now anyway, I never really heard from Freemans about my account and I foolishly thought they forgot about me. Anyway, I recently checked my credit file and there she is, a Default, placed on by ACTIO ALBIS. Now weirdly, my Freemans account is also on there as 'settled', confused. So anyway, I sent off a CCA to EOS Solutions, as that's the address Experian gives me for this ACTIO company, I give them 14 days, and nothing, not even a murmur.

 

As the 14 days had gone I though I would write them a follow up, which is as follows:

 

 

Dear Sir/Madam,

 

FORMAL NOTICE - ACCOUNT IN DISPUTE.

 

On the 15th July I wrote to you requesting a copy of a credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). This letter was sent to you by ‘Recorded Delivery’ and has been confirmed by Royal Mail that you received it.

 

To date you have failed to comply with this request in any way.

 

These documents I requested should be readily available as proof of your legal right to default this account under the Consumer Credit Act 1974.

 

Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

These limits have expired.

 

As you are no doubt aware the Consumer Credit Act states:

 

If the creditor fails to comply with Subsection (1)

He is not entitled , while the default continues, to enforce the agreement.

 

What concerns me is I have a default on my credit file from your firm, of which I have never had any dealings with, and to add injury to insult never received a ‘default notice’. So not only have you placed a debt on my file, which is unknown to me, but you have failed to respond to me within a reasonable set time with the details outlined.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days of the initial request to stop processing my details, provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any further information in respect of the account with any credit reference agency.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioners Office, The Financial Ombudsman Service and my MP .

 

You have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, if I do not receive this then I am already prepared to contact all of the above and take court action in order to resolve this matter.

 

I have been very reasonable in this matter, and hope we can get to the bottom of it without a need for all of the above. To summarise, all I am requesting is a true copy of a CCA agreement that this alleged debt is linked to, along with any other documentation you may have, plus a copy of the default notice that was sent to me.

 

Looking forward to hearing from you.

 

Yours sincerely

 

Now ideally I would like to get the 'DEFAULT' removed, and I would also like a statement of the account, as I do accept I owe them the money and I of course, will pay, but I honestly can't say what I owe. But how do I go about getting the 'DEFAULT' removed? What annoys me is I was NEVER contacted about this debt, no notice or anything, so feel a little cheesed about that.

 

Any advice would be appreciated, as really, if they don't reply to this, I am not sure where to go from there?

 

Hope one of you FANTASTIC people can help!

 

Many thanks

 

Jim Jams

Edited August 5, 2010 by jimjams
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[jimjams]

bump

[maroondevo52]

Thread moved.

[Bazooka Boo]

Hm, catalogues again eh!

 

If they haven't responded to your CCA request, and they have'nt even contacted you at all, then Give the credit ref agencies (CRA's) a nudge and tell them that their is incorrect data on your file (CRF) and that you want it removed, they in turn will contact this ACTIO AlBIS and ask them why it is on there, this should then hopefully get them to contact you.

 

The freemans entry will show 'settled' as they have obviously flogged it to this lot who are quite happy to process your data without your knowledge.

 

Did you send the CCA recorded delivery?

[jimjams]

Thank you for taking the time to reply.

 

Yes, I sent both letters recorded delivery and have taken print screens of the Royal Mail website, which proves they were received and signed for.

 

Sounds like a good idea to contact the CRA. I will give EOS (Actio) the 30 days to respond to the second letter, and I think after that it is a 'summary criminal offence'? With my print screens to prove delivery, and copies of the letters I sent, it should be enough information for Experian to show I am trying to take action? Strangely this default does not appear on Equifax or CreditCall.

 

I am quite mythed by having two entrys, for what is in effect the same debt. Surely this is not right?? Fed up with CRA's throwing around peoples information like this. I am also disputing a 'linked address' (my neighbours house... go figure) and an 'Alias'. rarr!

[Bazooka Boo]

CRA's are in the pockets of DCA's so they have no interest is changing their working practices, after all, CRA's get paid by the DCA's for adding adverse data to your file, it's a long and winding road getting them to clean up their act, the more people complain about this unregualted missuse of peoples data the better, Local MP's/councillors/Parliament/ICO/OFT the more the merrier, open the flood gates I say.

[jimjams]

Well, I got a reply from EOS which goes as follows:

 

"Dear Mr JIMJAMS

 

Thank you for your recent correspondence regarding your request for a copy of the original agreement with our Client, ATLANTIK F.GMBH(FREEMANS). Unfortunately our Client is unable to provide you with this; therefore, Please be advised that the account has been closed and no further action will be taken by EOS Solutions UK.

 

Yours sincerely

EOS"

 

So I am now a little confused, as was really not expecting that. No explanation about the debt at all, and nothing about removing the 'default' on my credit file.

 

Where should I go from here do you think? I really would like to get the 'default' removed as it has about 4 years left on it, went on in 2008.

 

Really really hope someone can guide me down the right road.

 

Many thanks in advance

 

Jimjams

[jimjams]

I thought I should also add, the gits have not returned my £1 postal order... harsh.

[jimjams]

Hi all,

 

Here is the letter I was thinking of sending, please could you provide me some feedback? Would be much appreciated!

 

"Dear Sir/Madam,

 

I refer to your recent letter, dated XX/XX/XXXX, reference number XXXXX.

 

You have stated that you cannot provide a true certified copy of the default notice or Consumer Credit Agreement (CCA) that you are required by law to issue (Section 87 of the Consumer Credit Act 1974, with content as dictated in the form of Section 8).

In addition, I am not aware of ever signing such an agreement / contract that allows either Freemans, Actio Albis, Atlantick FMBH or yourselves (EOS) permission to enter data onto my credit file, especially data that I feel is incorrect and shows a negative mark against my person.

 

Accordingly, I require you to immediately contact all external and internal agencies (including, but not limited to credit reference agencies) that you have processed my default to and arrange for the item to be removed from my credit history.

 

Please note - a simple amendment or note will NOT suffice, I require full removal.

 

I look forward to your reply confirming that you have taken the above action.

 

Should the above not be confirmed by you as actioned within 14 days, I shall seek legal recourse.

 

Yours faithfully,

 

 

Mr JIMJAMS"

[Bazooka Boo]

Simply send them a letter telling them to return your postal order, along with a S10 notice.

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/583-letter-to-request-the-halt-on-the-processing-of-your-data

Then get in touch with the CRA's and tell them to remove the adverse data on your CRF as no agreement has ever existed between you and the company adding that data, inform them that you have been advised that if this data is not removed you are entitled to sue for damages, the Min currently stands at £1000

[jimjams]

Great stuff, thanks once again Bazooka, you have been most helpful throughout. You appear to be the only one helping!

 

I will send the S.10 notice along with a letter to EOS tomorrow, and will try put something together for the CRA - Experian.

 

Again, thank you.

 

I will keep you posted on progress.

[jimjams]

Letter posted to EOS today as advised by Bazooka, and letter sent to Experian too, both recorded.

 

Will keep you all posted on progress.

[jimjams]

Still not heard anything, although I am eagerly waiting.

[jimjams]

Still no reply guys, where do I go from here?

 

On the 10th August I sent off the following:

• S10 Notice to EOS, also demanding my £1 back.
  
• Notification to Experian to remove the default
  

 

Experian responded saying they could not remove it without EOS's permission, but said they have contacted them.

I have not heard a thing from EOS, so what's my next step?

 

I am not sure where i stand legally with this, as I really don't feel this default notice should be with me.

[Bazooka Boo]

A little chasing up needs to be dine I feel, contact Experian again and ask them what is going on? Do this daily until they give you a valid response or remove the default, as for EOS, you could send them a Letter Before Action (LBA) telling them to return you £1 PO and remove the incorrect data from your credit file, give them 7 or 14 days in which to comply, after which you will seek legal action against them to have this adverse data removed and claim damages from them in the process.

 

Make a complaint to the ICO as well.

[jimjams]

OK, no problem. Thanks very much!

 

I will keep you posted with progress.