Littlewoods, CCA and a Default

[europa16]

I am having a major headache with Littlewoods/LXDirect at the moment (well, actually the last two years or so).

 

Like most catalogue companies, when I got the catalogue, I never signed a credit agreement. So, when I got into difficulty over my debts in 2005, I was advised to ask for a copy of the credit agreement from them, and if possible, get the debt written off (it was around £1000). I did this, and they wrote back to say they'd no longer pursue me for the debt.

 

Fast forward 12 months, they come chasing after the debt hounding me by phone every few days, only it's now £1400. Apparently this extra was PPI (why were they still adding it? Who said I wanted it - not me... They never gave me an answer). So I asked for my credit agreement, and guess what...couldn't find it, so they said they'd stop pursuing me (where have I heard that before?).

 

So, tonight I check my credit file (hoping for a minor miracle with my other debts) and find that not only is the debt owed on there, it's going up by around £30 a month and there's a bl**dy default from Dec 2006 for £1501

 

My questions are these:

 

1. How can they put an extra £30 a month on an account thats not been "active" since 2005, when they said they weren't pursuing it?

 

2. Can they issue a default on this account without a CCA?

 

3. Is this a real default, because I've had no letter to say I've got one?

 

4. Can it be shifted from my credit report?

 

5. Why are they such a bunch of parasitic w@nkers?

 

Thanks

[Guest willowb]

Just stumbled on this thread. You need to issue a statutory notice which gives them 21 days to stop processing your data or give you reasons why they should still be processing it. From what you've posted it seems to me that they have no grounds to process your data....and in fact are committing a criminal offence in doing so as you issued a CCA request 2 years ago.

 

When you post back I'll copy and paste a template for you to send.

 

Wxxx

[payingonlyencouragesthem]

Just stumbled on this thread. You need to issue a statutory notice which gives them 21 days to stop processing your data or give you reasons why they should still be processing it. From what you've posted it seems to me that they have no grounds to process your data....and in fact are committing a criminal offence in doing so as you issued a CCA request 2 years ago.

 

When you post back I'll copy and paste a template for you to send.

 

Wxxx

 

This seems like a logical way to follow up on any CCA default. Can you paste that template to the forum Willow? TIA

[Guest willowb]

No problem....you are right though, if the account is defaulted that is....you can find this in the templates section......

 

 

 

Notice pursuant to s.10 of The Data Protection Act 1998.

 

 

 

 

 

Re: account no. XXXXXXXXX

Account holder. XXXXXXXXX

Address. XXXXXXXXXXXXXXXXXXXXXXXXX

 

 

Whereas I have been a customer of XXXXXXX Bank since XXXYEARXXX and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

signed

 

 

 

 

date

 

 

Wxxx

[M.Willows]

I have also requested (C.C A )they send me true copies of PPI agreements but they have not complied will be doing another S.A.R request to see if they have any proof of my insurance agreements as I cannot recall asking for any or signing anything and think they were automatically added.Any advice would be welcome.

[arcacia]

They must have issued thousands of defaults unlawfully in 2006 as that is the time I received one but did not know about it untill 2007. What has done my head it, is at the time in 2006 I paid the debt in full, but they did not make me aware of the consequences of a default.

 

I am about to challenge them!

 

PLEASE, someone must have a success story?????

 

How to attempt to remove a Default Notice | LearnMoney.co.uk