Shop direct no cca a blank agreement

[Tingy]

Ok, this is just my opinion but I think you need to think outside of the box, where does it state that an agreement must be in paper format or a specific document... evidence of an agreement existing could just be my monthly repayments couldnt it? I'm convinced the ICO will take the least bit of convincing tbh.

 

S.

 

I totally agree with you Shadow. BUT even if you are absolutely 100% correct the DCa still has to be able to produce those monthly statements. I wonder if they could.

[honeyb1234]

I would like to also mention two things:

 

1. I have NO problem with paying off the debt providing that the late charges are removed although this cannot be done without the SAR being granted in order to look at past statements

 

2. I would also like the default on my credit file removed upon doing so.

 

Thanks in advance xxx

[miss muppet]

Hi Honey, they have to comply with the SAR within the timescale or you put in a complaint to the ICO or raise court action to force them to do so.

With regard to the CRA's you may like to look at the epic thread below to see Pinky's battles in this respect:-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?196312-Invalid-Default-Notices

[honeyb1234]

Hey guys,

 

As some of you know I have been having problems with shop direct for some time, I have sent them a CCA which they replied with by telling my how many payments have been made on the account and a blank agreement. I then sent another request and they sent the same thing so I decided to sent another letter which looked like this

 

 

ACCOUNT IN DISPUTE

 

 

Dear Sir/Madam

 

Thankyou for your letter of ______, the contents of which have been

noted.

 

You have failed to respond to my legal request to

supply me a true copy of the original Consumer Credit Agreement for

the above account on two separate occasions.

 

On 02/09/10 Imade a second formal request for a true signed agreement for the

alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with my request, and as such the account entered

default on ______.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory

notices and was signed by both your company and myself as defined in

section 61(1) of CCA 74 and subsequent Statutory Instruments. If the

executed agreement contained any reference to any other document, you

are also obliged to send me a copy of that document. In addition a

full statement of this account should have been sent to me detailing

all debits and credits to the account.

 

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/your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(6)

states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to

enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full

statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collectionwhich state under the

title Deceptive and/or unfair methods - Examples of unfair practices are as follows – 2.8

 

(i) - 'Failing to investigate and/or

provide details as appropriate, when a debt is queried or disputed,

possibly resulting in debtors being wrongly pursued'

 

(k) -

'Not ceasing collection activity whilst investigating a reasonable

queried or disputed debt'

 

Consequentially any legal action you

pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore

I shall counter claim that any such action constitutes unlawful

harassment.

 

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 provide me with a

detailed Breakdownof your reasoning behind continuing to process my data.

 

 

It is not sufficient to simply state that you have a ‘legal right’; You

must outline your reasoning in this matter and state upon which

legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such

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 information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 21 days from receiving this letter to contact me with your intentions

to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

I later received a letter back stating:

 

We will not be pursuing the above account for the outstanding balance.

 

However, as the debt remains unsatisfied, this will be noted on our internal file for future reference.This information will also form part of your records at the Credit Reference Agencies where we share information.

This information will remain on your credit reference file for 6 yeards and may affect your future ability to obtain credit with other companies.

To avoid this detriment to you credit file, please contact us to make a payment

.

Now this has angered me as it is quite clear they dont have the agreement and in my last letter it was stated that they should not put any marks on my Credit report yet they insist on doing so. I am not sure what to do next as I dont want my credit file to be damaged please help me.

 

Please please pplease help me can i not stop them from marking my file even though they dont have a signed agreement I would like to add that I want to pay this bill but I refuse to do so with the all the late charges applied and the defualt on my credit file, yet I cannot come to any agreement with them if they will not send me my late charges.

 

Thanks in advance xxx

[kirwin]

the cca request no longer requires them to send you a true signed copy of the agreement, i am experiencing the same problem at the minute, yes that letter sounds about right, send that and see what other rubbish they try to feed you with.

 

however, to take you to court they would then need to provide the courts with the original copy of the agreement.

[honeyb1234]

 

Hi Guys,

 

I have been having trouble with littlewoods for quite some time I have sent numerous letter requesting my CCA and keep getting blank ones back, the whole reason I wanted my details was because I had late charges that I wanted to request were refunded although as I did not get the information that I requested I could not do so. To cut a long story short I sent them this letter:

 

 

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until _______ to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any intereston the account, nor make any further charges to the account. Additionally, 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, so until you produce such an agreement, you may not do this.

 

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

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

To which I received no reply I also checked my credit file today and the default is still marked on my file!

Please help

Thanks in advance xxx

[kirwin]

maybe try and send this letter to prevent them putting anything on your credit file. untill you have further advise.

 

 

Dear Sir/Madam

 

Account Number: *************

 

We are writing to inform you that we are seeking advice and assistance regarding my current financial difficulties.

 

To this end, we would appreciate if you could hold any action on the above account for a period of at least 28 days.

 

Also, during this period, could you please freeze interest and any other charges accruing on the above account.

 

I look forward to hearing from you as soon as possible.

 

Yours faithfully

DO NOT SIGN ANY LETTERS SENT, as some DCA have been known to copy and paste signitures onto agreements.

[honeyb1234]

Thanks guys the thing is they have said that they will not be taking any action although it will stay on my credit file until paid.

[flowerchild]

Thanks guys the thing is they have said that they will not be taking any action although it will stay on my credit file until paid.

That's correct: unenforceable debts still appear on your credit file, sad but true. If the debt is unenforceable (as admitted by themselves due to lack of a CCA) and you already have a default then I'd say there's very little reasonto pay anything.

[ims21]

Hi

 

For a charges reclaim the agreement is not essential right at this point although would prove useful if you need to issue in court.

 

Have you got all of your account statements?

 

ims

[flowerchild]

If you want to determine the amount of charges, you need to send a SAR request. If they send blank CCAs it's probably because they don't have your agreement, in which case the debt is unenforceable. Are you still paying this?

[kirwin]

agree with fllower, if youve already defaulted what else an they do?

[dx100uk]

that what i thought

 

what is a cca going to tell you about charges

 

SAR time me thinks

 

dx

[honeyb1234]

Hi,

 

I really need some advice.

 

I am ashamed to say that I have 3 defaults on my credit profile due to taking out credit when I was younger

that I could not pay back for

 

2 0f the debts are over 6 years old and 1 5 years.

 

I am now in a position where I can start paying back some money.

 

I would like to know whether once I have paid back all of the money will I be able to get the defaults removed from profile

or will the default stay on my account 6 years after I have paid the outstanding balance.

 

I did try to appeal one of the outstanding amounts previously as I have a balance off 25 pounds

which Littlewoods added over 100 pounds of charges too but they would not take the charges off.

 

Also any advice on how to improve my credit rating would be much appreciated.

 

Thank you in advance

[Bandit127]

The debts should fall off of your credit file around the 6th anniversary of the default. Whether you pay them or not.

 

You will find it very difficult or impossible to get the defaults removed. (Whether you pay them or not). You would have to prove that they were wrongly applied to do so.

 

A settled account next to a default may improve you history somewhat.

 

You should Google "statute barred" and understand that before making (or offering) a payment.

[honeyb1234]

Thank you for your message, I have another outstanding debt that I am already repaying to a debt collection agency which is coming up to being 6 years old. Because I stated to repay does that mean the 6 years started again?

[renegadeimp]

Did you check if the debt was enforceable before paying?

 

Give some more info on your debts. As much as possible.

[honeyb1234]

I have one debt to which is with shop direct, this is 4 years old.

 

I have written for a SAR and the result ended in them saying they would not enforce it,

 

however it would stay on my file for 6 years.

 

Another debt is with 02 which I have been paying off in instalments which will be six years old next month and

 

another was originally with shop direct also sold to lowell which I have not been paying.

[dx100uk]

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

the WHOLE ACCOUNT WILL VANISH, never to return.

.

however, this does not mean the debt itself is not still owed

consider a CCA request.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

 

....

 

I take it you got spoofed by the threat-o-grams from the debt collectors

and started paying these debts?

 

dx