Me vs Littlewoods Catalogue

[ODC]

What an intersting thread. Surely Credit reference agencies have a Legal Duty to ensure their information is accurate. If some scummy DCA or Crapalogue Company registers a default against you and are unable to substansiate this by producing documentary proof then the entry would breach the DPA. Credit reference agencies seem to take the DCAs word above the consumer. I would be tempted to take on the CRA for holding false information about you. If they refuse to remove it contact them and ask for details of their complaints procedure and complain to them. I think its scandalous that Experian et al will show a default on your file just because the DCA says so. What proof do they have that the DCA is correct. Its time someone briought these CRAs to book for storing inaccurate data

[ODC]

Well said ODC......

 

Any ideas on how to do this?

 

 

I suppose the simplest method would be to point out the defaults on your CRA file to the CRA. Ask them what documentary proof they have of these other than the word of a DCA (who lets face it are not renowned for honesty or record keeping)

 

Then remind the CRA of their legal responsibilities under Data Protection Legislation to ensure the data held on you is up to date and accurate.

 

If they cannot prove it then they should remove it.

 

I agree that this all sounds very simple in theory and indeed I wonder if any Caggers have tried it.

 

Its surely up to them to prove their information is accurate not up to us to prove it is inaccurate.

 

No doubt someone more learned than me will show me why its is not that simple

[ODC]

Heres what you could send them.

 

 

 

I refer to your letter of (DATE THEY SENT LETTER) the contents of which have been noted.

 

Now that your company has stated in writing no agreement can be produced for the alleged debt it is my position that no agreement could be produced because no agreement existed.

 

At this stage i would like to point out that a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974.

 

I now request to conclude this matter the following action be taken:

 

1 - Confirmation that the balance of the alleged debt is now nil.

 

2 - The immediate removal of all entries placed upon my credit files

 

3 - Any and all information held by your company on me be destroyed with immediate effect.

 

4 - your confirmation that the above has been effected within the next 14 days.

 

 

Failure to action the above will result in all information being passed to Trading Standards and the Office of Fair Trading without further warning to yourselves.

 

 

 

Yours sincerely

 

 

 

 

 

send this letter

 

give them their 14 days.

 

and then write to Experian and make a complaint under breach of the Data Protection Act to the Information Commissioners Office.

 

 

make sure you DO complain.

 

Very well put as usual Kenny

[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

[ODC]

No updates as of yet

 

complaint was posted to Information Commissioners Office and final letter to Littlewoods.

Kenny its hard to believe this is still ongoing. None of their threats seem to have got them anywhere

[ODC]

actually YES I DID! lol

 

thought that was funny.

You must still be on their Christmas card list then:p

[ODC]

I think KPR you have them by the goolies. Yet again a DCA gets away with recording illegal information on your Credit File. Yet if you contact a CRA they take the word of the DCA as gospel. I think its high time the CRAs were taken on by the ICO and the DPR about holding unproven and unlawful information. What happens when you ring up a DCA to argue your case. They immediatly stick a default on your file even though they have no CCA or any proof that a debt legally exists. How many of us have had some spotty kid in a DCA threaten to totally f*** up our life by placing DEFAULTS with all the CRAs. Yet if we try to have them removed its up to us to prove the CRA is wrong when in actual fact THEY should PROVE all their information is ACCURATE and not just placed there by some monkey in a DCA who's monthly bonus you have ruined because you didnt respond to their threats. The system is wrong

[ODC]

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.

 

 

 

The CCA must not apply to each DCA my alleged accounts bounce around with then:rolleyes:

 

As I said before its high time the CRAs were made to stand over the information they hold on us all on their computers. Surely they would need SOME PROOF from a DCA that the debt exists befor placing Data on a Credit Reference File or are they Above the law. They make good bedfellows with the DCAs.

[ODC]

"consent for data does not have to be written and was given when the account was opened" ive asked for proof i opened an account and they say the account was opened when i was 8 years old, i told them i was 8 years old and they say "you were transferred off another account"

!

8 yrs of age you are below the age of criminal responsibility yet you can order stuff from a catalogue. Funny rules they have.

 

Personally I think they are talking fluent SH1T

[ODC]

im not dealing with a DCA here though, but the original creditor - Littlewoods.

But their in house collection monkeys registered a default did they not

[ODC]

FOS aren't taking any complaints against Littlewoods if it was before 6 April 07 as they weren't a member until then.

Well by the way they are behaving they have probably uses their two free complaints bt 7th April 07. Dont even dare to think how many some of the other DCAs have had so far and its bound to increase by the way they treat their customers. Still a few hundred £400s here and there will hit them where it hurts. IN THEIR WALLETS.

[ODC]

Hi there.

 

Well the situation is

 

My neighbour opened her Littlewoods account in 1990, but she cant and it appears littlewoods cant tell me when i was added therefore they have it on my credit file as 1990 for me meaning i was 8.

 

They also have my date of bith listed as 2002, clever huh?

 

They probably wont find out who the agent was because they gave me my own account number a few years ago when i moved house and they said i owed them money.

 

 

There is NO CCA and they have admitted this, i never recieved a default notice, and there is a default on my file as of April this year.

 

I made the point that there was no valid agreement, therefore no Default can be issued as i havent broken a valid agreement because there never was one.

 

Legal department advised me they could enter this information regardless of that fact.

 

i dont ave any papers with me today, but i might try phoning them one more time and asking them to explain in writing what gives them consent and ASK THEM to quote the part of the CCA that allows them to place a default on my account dispite no valid agreement.

 

failing that i think the only thing i can do is go to court, which i cant really afford to do to be honest, unless i can claim costs back and fees etc.

 

Thoughts Loui?

 

 

 

PS - ive searched the CCA and cant find any reference to defaults and conditions of applications for them.

 

any ideas?

Surely a complaint to the ICO as well as the Credir Reference Agency are next on your list. What 5hitlewoods are saying is they can put a default on anyones credit record and the CRA will accept their word. This is TOTALLY WRONG. All information held by the CRA is supposed to be accurate. Knowing you though Kenny you will not roll over.

[ODC]

There must be something that can be done. Surely the CRA must have proof before entering anything on their files about you. I think if you get an unsatisfactory response from them that you should report them (the CRA) to the Data Protection Registrar and make them explain how the DATA they hold is accurate. Thats just me of course. I think the CRAs and DCAs are in league together. The way the law is changing though they have to be ultra careful now that they dot the i's and cross the t's

[ODC]

to be honest i dont even know what i can do now, im not defeated im just at the moment out of ideas.

Never say that Kenny. Throw a spanner in the works with the CRA and ask them to prove the information they have on you is accurate. Ask them for documentary proof that you are in DEFAULT with Littlewoods. Fight Back. Complain to the CRA that the information is innacurate as there is no proof. If you are not happy with the response from the CRA then you can report them to the FOS. Its time CRAs were made to PROVE all the information they hold is accurate. Its ridiculous that they will accept the word of a scummy DCA and not the alleged debtor:-x

[ODC]

PS - i did complain that the information is wrong but the CRA say they dont remove anything without the say so of the person putting the information on your file.

 

So what in essence the CRA are saying is that anyone can tell them anything they want about YOU and they will beleive THEM, biut if you tell them the information is wrong then the wont beleive YOU:-x

 

cant go the FOS route, its before April although i was only aware of the default IN April, all i can do is phone and ask.

 

@vinegarva - yes thats what littlewoods are doing, but they have already admitted that the agreement is unenforceable and they cannot collect on the debt, however that didnt stop them putting a defaul on my file which is proving troublesome to get rid of!

 

it now means i have 2 defaults on my file.

 

the fact is, this default thats been placed illegally is hurting my chance of getting future credit which is a case i could use in court.

 

im just looking for as much advice as possible just now before i decide what to do

 

i still thikn the phone call saying "prove it with a quote from the CCA why your allowed to put a default on my file when there is no agreement"

 

i bet you 100% they couldnt! even though i cant find the section of CCA and Defaults in a document, just speculation!

 

I think you may be wrong about the FOS. Have you made an Offical Complaint to the CRA before 6th April. If NOT then you can go down the FOS route by first of all going through the CRAs Complaints Procedures. IF as will probably happen you are not satisfied with their resolution of the complaint then report them to the FOS.

[ODC]

Go with number 2. Contact Experian and get a copy of their Official Complaints procedure. Tell them the information they have on you is factually incorrect.

[ODC]

I am having a fight with Littlewoods too, however, i refer to Marshall Ward here with regards to the CRAs. MW have confirmed they will not pursue this debt due to lack of credit agreement so i have contacted the CRA's to get the file cleared, this is what Experian said:-

 

"As it appears that your account with Shop Direct was paid on time for several months prior to it falling into arrears and then subsequent default, this implies that you agreed to their terms and conditions. Shop Direct would not open an account unless the individual concerned had agreed to their terms and conditions. By making payments after an account started acts as further evidence that an account holder did agree to terms and conditions of a particular agreement”

 

It seems to me they will accept whatever the creditors says as gospel, and when fronted with evidence that the CCA 1974 has been breached or not adhered to they still choose to ignore it!

 

This is why i not expecting a wonderfull response with regards to Littlewoods

 

Kenny if you want to have a look this is my thread. This has been going on for ages but i have only realised i have not posted a thread on it so it is quite short and only contains recent stuff.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/106324-yaff-littlewoods.html

I think its high time that the CRAs were taken to task over this attitude with regard to DCAs. Yaff did you consider asking the Data Protection Registrar for advice on the response from the CRA. It sounds like Experian et al are acting outside the law. You may well have paid something for a few months and then stopped paying for any one of a number of lawful reasons. The CRAs are messing up peoples lives. Its time they stopped or were stopped playing God.

[ODC]

The Information Commissioners Office is aware of the Marshall Ward issue as well as the Littlewoods one. I have yet to make them aware of the letter from the CRA, will be doing it in the next couple of days.

 

Is the Information Commissioners Office the Data Protection Registrar or is this another 'body' i can add to my list?

 

I think they are two seperate entities

[ODC]

I had a meeting with TS yesterday regarding Littlewoods and I quote "Don't believe what Littlewoods tell you and you can report them to the FOS". I quoted that one of the CAG members had reported the matter to the FOS and they had said that they only took complaints after 6.4.07. She felt that this was wrong information and they should be dealing with the complaint. So if I was you Kenny I would give it a go.

Thats what I said earlier. As long as your complaint started after 6/4/07 then the FOS can deal with it. It doesnt matter when the incident happened. As long as you made no official complaint before then

[ODC]

So basically - CRA's = useless.

In other words CRAs are the DCAs buddies and we the rogue debtors are the **** of the earth. I trust Kenny they will send you that decision out in writing. Go ahead and make an official complaint to Experian. Then pass their wriiten response along with your views on to the FOS, the Information Commisioner and the Data Protection Regoistrar. Its scandalous that you prove Littlewoods cannot prove any debt that they be allowed to wreck your Credit File with false information just because you beat them. As my mum would say DCAs and CRAs are all the one sows pigs

[ODC]

im going down that route, but after a phone call to the FOS - they say they cannot help as even though the default was placed on my file IN April - my initial complaint with the company (littlewoods) pre-dates that.

 

anyone have any other suggestions?

 

PS - asked about starting a new complaint, they said again they couldnt help as its in relation to an OLD complaint before April

Your NEW complaint will be with Experian holding false information about you. I think if you were to start the ball rolling with an official complaint to them about their record keeping. They are the ones who will have to justify holding innaccurate information on their database. Go for it Kenny. I have every confidence in your ability to take them on:)

[ODC]

You have a good TS there in Ayrshire although I expect they are extremely busy with the Kilmarnock Cowboys

[ODC]

Hi i am dealing with littlewoods too and they send me a blank cca what should i do now ?

Its not worth the paper its written on. Its no use for them to enforce any debt. Read kennyparkroads excellent Littlewoods thread and you will get the idea. Then start your own thread and we will help you take these folk on.

[ODC]

Ding Ding

 

Seconds away

 

Round Two:D

[ODC]

and pleaded with them to see sense but oh no we are defending .... get this ... but we will probably settle before the court date

 

 

It just shows how incredibly stupid these muppets are. Still its their money and they will be the ones to look foolish in court.