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Marshall ward no CCA yet have default on my credit file

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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






Dear Sir/Madam


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



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)



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 collectionlink3.gifwhich 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.



I shall counter claim that any such action constitutes unlawful



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



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 Breakdownlink3.gifof 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



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 interestlink3.gif 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 :mad2: 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

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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.

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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.

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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.

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