Me vs Littlewoods Catalogue

[TheAnalyst]

Hi Kenny, following your thread with interest.

 

I just got a letter back from littlewoods stating that as they do not have an agreement they are no longer persuing the debt however it will be marked as unsatisfied on their own files for future reference. With regards to the default placed on my credit file they will not remove it blah blah blah

 

Can they really refuse to remove this default even with no credit agreement? I'm not sure what to do from here, the default was my main worry not the actual paying of the outstanding balance ...

 

Any suggestions?

[ODC]

Tell them they have failed to legally prove any debt exists. Therefore they have no reason or right to place the default on your credit file. Give them 14 days to remove it and tell them if they fail to do so inform them that you will be reporting them to TS. Contact the DRA and tell them its their duty to make sure their information is accurate. Consider a complaint to the ICO about them

[kennyparkroad]

im making a complaint to the ICO basically saying since they are unable to substantiate the alleged debt, they dont have any authorisation to process my personnal data - therefore i want information removed.

 

 

Experian have advised me they are writing to littlewoods to query the information.

 

if i have no joy with experian i WILL complain to ICO.

 

or i may complain to ICO NOW incase Experian cant help.

 

not sure which.

[trojanska]

hello Kenny, hope you`re fine,i sent a letter off to littlewoods with a few demands since they don`t have my credit agreement,which they have`nt replied to yet!! I`ll cut to the chase,can i be writing to experian to get my file removed while i`m waiting to hear from TS and Littlewoods:p thank you for our help xx

[kennyparkroad]

Major update on this.

 

Will post letter that then sent.

 

 

Heres is what they said.

 

I refer to your letter dated 18 May 2007 with regards to YOUR Great Universal Account.

 

With regards to entries upon the files of the credit reference agency, we clearly state in policy pages of our catalogue that as our contribution to the office for Fair Trading call for responsibility in lending, we register information about you and the conduct of your account with a licensed credit reference agency.

 

We believe that the information we have caused to be entered upon the files of the credit reference agencies that we use accurately reflects the conduct of your account with this company.

 

We shall be pleased to recieve any information which you may wish to sumbit evidences the contrary and shall off course, immediately amend any information which is proved to be incorrect.

 

Please Note: Our Clients have advised that statements of account were previously sent at regular intervals as prescribed by the Consumer Credit Act (for you to retain for reference)

 

I Trust this gives you the information you require.

 

 

 

 

And Experian say they cannot and will not amend anything as Littlewoods say no.

 

 

I am now at a loss.

 

Any advice or suggestions on a letter to send back would be appreciated.

 

I am now in need of help on this.

 

Thanks in advance.

 

Kenny

[kennyparkroad]

I think the only thing i can do now is make a complaint to the ICO

 

but am thinking about writing back to littlewoods one final letter sent by special delivery, something along the lines of.

 

 

"You have already stated that no CCA agreement exists therefore you are unable to provide any documentation that is signed by myself that authorises you to access or create any entries on my credit file, therefore as you have failed to comply with my requests for these to be removed,

i am now passing this matter onto the Office of Fair Trade and the Information Commissioners Office UNLESS you provide me written confirmation that you will delete all records off my credit file.

 

 

 

 

 

suggestions?

[powelll]

I think Information Commissioner's Office as well - by all means pop another letter off but you could still get a complaint going in the meantime anyway ( Info Commissioner not the quickest... ). Am sure you have the relevant info but just in case\;

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Tel: 01625 545745

Fax: 01625 524510

E-mail: [email protected]

Website: www.informationcommissioner.gov.uk

[bonnieday]

Hi Kenny,

 

I saw this on another thread http://www.ico.gov.uk/upload/documents/pressreleases/2007/orange_and_littlewoods_undertakings_110607_final.pdf

 

It appears that Littlewoods have already been in trouble with the ICO, might be to your advantage.

 

Good Luck with it.

 

Sorry, link doesnt appear to be working, i will try and find it again.

[bonnieday]

The link is in the tread of

 

Littlewoods Catalogue - Advice Please

 

Hope it is of some help

[stadium_arcadium]

I think the only thing i can do now is make a complaint to the Information Commissioners Office

 

but am thinking about writing back to littlewoods one final letter sent by special delivery, something along the lines of.

 

 

"You have already stated that no CCA agreement exists therefore you are unable to provide any documentation that is signed by myself that authorises you to access or create any entries on my credit file, therefore as you have failed to comply with my requests for these to be removed,

i am now passing this matter onto the Office of Fair Trade and the Information Commissioners Office UNLESS you provide me written confirmation that you will delete all records off my credit file.

 

suggestions?

Definately get on to the ICO, and I would also suggest you ask Littlewoods for a copy of their default notice (if there ever was one) if they can't supply that it will be more ammunition in your case against them.

Keep at 'em Kenny, you are doing great!

[mnrbig]

There is a massive thread somewhere about Data Protection, I have a read somewhere that the ICO has ruled that if the company has legitimate reason to process your data, permission is not required. I may be wrong though.

[mnrbig]

copy of their default notice (if there ever was one) if they can't supply that it will be more ammunition in your case against them.

Keep at 'em Kenny, you are doing great!

 

Even if they do, it is there notice do not fufil the prescribed format as they are computer generated, so I suspect they could be invalid.

[kennyparkroad]

Ok after thought and consideration, i am making a complaint to the ICO.

 

I am also posting this letter to littlewoods today.

 

 

 

Thank you for your recent correspondence, the contents of which have been noted, however I feel I must point out the following.

As you have stated on more than one occasion that your company cannot supply me with a copy of the agreement because no such agreement exists then the debt is unenforceable and therefore:

 

1) There is no proof that I ever gave my consent for my data to be shared.

 

2) Failure to supply a copy of the Consumer Credit Agreement under s77/78 means that the consent is also unenforceable.

 

This is now my final letter to yourselves on this matter, and unless your company remove all entries with the Credit Reference Agencies and notify me within 14 days of this letter that it has been effected, I will consider commencing court action for an order that your company comply and also for compensation for the damage that the adverse information is causing me in obtaining further credit.

Yours sincerely

 

 

 

 

what do you think?

[stadium_arcadium]

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft020.pdf

 

It states here that "If a customer defaults on payment or is in breach of any other term of an agreement the trader must send to the customer a default notice giving the customer at least seven days notice..."

It also goes on to list the form and content of what should be in a default notice.

I am trying to find more info on this in the CCA....

 

There is also some info regarding the processing of information here:

Preventing processing of information - Information Commissioner's Office (ICO)

[kennyparkroad]

Thanks

 

ive no doubt they are in breach but are refusing to tell me if they put a default on my file, or simply meant i defaulted on my agreement, the end result is the same - i want the info off NOW!

 

any thoughs on the above letter i want to send?

 

Thanks again

 

Kenny

[stadium_arcadium]

The letter looks fine Kenny:)

 

Have you seen your credit file recently, do you know for sure that they have placed a default on it?

[rory32]

I would stick in something along the lines of:

 

Please note you may also consider this letter 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 14 days provide me with a detailed breakdown of 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 fail to respond within 14 days, I will 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 would apply:

• You may not demand any payment on the account, nor am I obliged to offer any payment to you.
  
• You may not add any further interest or charges to the account.
  
• You may not pass the account to any third party.
  
• You may not register any information in respect of the account with any of the credit reference agencies.
  
• You may not issue a default notice related to the account.

Please be aware, the CCA 1974 is very clear that a default can only be issued for breach of a valid, regulated agreement. As there is no agreement a default cannot be lawfully issued as no valid, regulated agreement has been breached.

 

[kennyparkroad]

thanks for that!

 

will add that to my letter and send off tomorrow.

[kennyparkroad]

here is the revised letter.

 

any thoughts welcome.

 

 

 

 

 

Thank you for your letter dated xxx June 2007, the contents of which have been noted, however I feel I must point out the following.

As you have stated on more than one occasion that your company cannot supply me with a copy of the agreement because no such agreement exists then the debt is unenforceable and therefore:

 

1) There is no proof that I ever gave my consent for my data to be shared.

 

2) Failure to supply a copy of the Consumer Credit Agreement under s77/78 means that the consent is also unenforceable.

 

This is now my final letter to yourselves on this matter, and unless your company remove all entries with the Credit Reference Agencies and notify me within 14 days of this letter that it has been effected, I will begin commencing court action for an order that your company comply and also for compensation for the damage that the adverse information is causing me in obtaining further credit.

Please note you may also consider this letter 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 14 days provide me with a detailed breakdown of 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 fail to respond within 14 days, I will 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 would apply:

• You may not pass the account to any third party.
  
• You may not register any information in respect of the account with any of the credit reference agencies.
  
• You may not issue a default notice related to the account.

Please be aware, the CCA 1974 is very clear that a default can only be issued for breach of a valid, regulated agreement. As there is no agreement a default cannot be lawfully issued as no valid, regulated agreement has been breached.

I look forward to your response.

Yours sincerely

[kennyparkroad]

do you think the letter is too conflicted?

 

e.g - you have 14 days to remove the info

 

BUT if you dont want to you need to tell me why in 14 days?

 

 

any suggestions on alterations? or should i simply put "consider this a S10 notice"

[PriorityOne]

Hi Kenny,

 

Sorry for the late reply....

 

I have made a few changes to your letter, as it seemed to be repeating itself in places.... see what you think.

 

Dear xxxxxx

Account Ref: xxxxxxx

Thank you for your letter dated xxx June 2007, the contents of which have been noted.

As you have already confirmed your inability to comply with my legal request for a Consumer Credit Agreement (Consumer Credit Act, 1974) however, because no such agreement exists, the above account remains entirely uneforceable.

Furthermore, as you remain unable to provide such evidence of my signed consent to pass/share my data to third parties, I hereby request the immediate removal of all default entries with Credit Reference Agencies. I also require written notification when this has been achieved, within a period not exceeding 14 days from receipt of this letter.

Failure to provide me with such notification will leave me with no alternative but to commence court proceedings against your company, including a claim for compensation in relation to the unlawful registration of adverse information against my name.

Please be aware, that the Consumer Credit Act, 1974 is very clear; stating that a default can only be issued for breach of a valid, regulated Credit Agreement. As you have already confirmed that no such Agreement exists, a default cannot therefore be issued against a non-existant Agreement.

 

Please note, that this letter represents a Statutory Notice under Section 10 of the Data Protection Act, 1998 to cease and desist from processing any data in relation to this account with immediate effect.

Finally, please be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute and the lack of a propery executed Credit Agreement represents a complete defence in any court action that you may take.

Without ambiguity, I trust that I make myself perfectly clear and look forward to your positive response in removing all default entries against my name, in order to finally bring this matter to a close.

Yours sincerely,

 

[kennyparkroad]

Thanks for that PO, its perfect and will send that off. Ill send it Special Delivery today, do you think i should still start my complaint with the ICO? or wait for another repsonse (which usually takes about 3 weeks)

 

i think i should make my complaint with ICO as they are not the fastest either, also including this letter.

 

i am going to change this part

 

I hereby request the immediate removal of all default entries with Credit Reference Agencies.

to this

I hereby request for the final time the immediate removal of all default entries with Credit Reference Agencies.

[stadium_arcadium]

I agree Kenny, you should complain to the ICO as soon as. Littlewoods will know then that you mean what you say.

 

Nice letter PO, you should post it into here:

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/79147-consumer-credit-act-resources.html

[kennyparkroad]

ok both the above letter and an ICO complaint have been compiled and are ready for posting today.

 

Good stuff!

[kennyparkroad]

sorry guys, can you move this to another thread.

 

this is still ongoing for me and while i dont mind helping people i need to keep this thread my own.

 

Thanks