Me vs Littlewoods Catalogue

[Damselfish]

Hi,I just got a letter from Fashion World, after my request for a copy of my signed CCA. There letter said:'We thank you for your recent letter, the contents of which we note. In relation to your request for a copy of the executed agreement under section 78 of the Consumer Credit Act, I would refer you to regulation 3 (2)(b) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983. In it you will see that there is no requirement to provide a photocopy of the agreement bearing your signature; it is sufficient that we supply details of the Terms and Conditions to which you have agreed. We are therefore enclosing a copy of the type of Credit Agreement sent to you when you opened your account in April 2004.'What should I write back to them? Are they correct? Any help gratefully appreciated.ThanksDF

[kennyparkroad]

hi there

 

this could get drawn out so i suggest you start your own thread so that you may be better helped.

 

Thanks

 

Kenny

[Layla_ck]

Just subscribing, and hoping they remove their entries on your credit file as we are hoping to do the same with my partner's great universal account, sent off the CCA request on the 12th April

[kennyparkroad]

i will let you know the outcome

[joetay]

Hi Kenny, been reading your thread with interest;) Hope things are going well with your action. I'm interested in how things have worked out. C'mon we are on the edge of our seats here:D

[TheAnalyst]

Anything yet Kenny?

[120805]

Can someone please have a look at my thread, am getting really scared

 

 

CCA request Littlewoods HELP!!!

[kennyparkroad]

Hi Analyst

 

they havent gotten back to me yet with regards to taking stuff off my credit file.

 

they have until Friday to give me a letter or i write to experian, equifax and CallCredit.

[kennyparkroad]

ok ive heard nothing about getting my files amended, so im going to send a complaint to the Information Commissioners Office today to ensure all details are taken off every credit reference agency,

 

because the agencies themselves cannot take information off unless Littlewoods agree to it.

[kennyparkroad]

great universal have written back to say the following (im fuming!)

 

I refer to your correspondance of 18 April 2007 regarding the above acount, the contents of which are noted.

 

With regards to your comments concerning your credit file, the entry recorded is an indicator of how you conducted the account. The account is recorded as defaulted (IT WASNT A MONTH AGO

 

Please note that this company is a member of Credit Account Information Services (CAIS) which is a database administered to experian to which lenders including ourselves contribute account information whether the account has been conducted within accepted terms or not. We also advice all of our customers within hte information pages of our catalogue and other promotional literature that we register information about them and the conduct of their account with licensed credit reference agencies, of which experian is one. This rubic forms part of our terms of trading and by trading with us, you have deemed to agree to those terms.

 

I trust this comcludes your enquiry.

 

 

 

 

ok, they cannot substantiate the debt, so are they allowed to keep the info on my credit file?????

 

They mention a default, it was never defaulted before, therefore they must have done that while in dispute, which is illegal.

 

I now need ideas on a reply, im 100% certain this is a parting shot because they had to write off 2k of debt.

 

any and all advice appreciated.

 

I already have trading standards working on another case for me, and they are not hat helpful, i wrote to Experian today asking for the removal of the stuff so hopefully they are on top of that too.

 

do i now complain to the ICO (which i didnt post today thankfuly)?

 

any and all help appreciated.

 

Kenny

[surprise]

Kenny, Littlewoods have defaulted me after failing to provide a signed agreement. I have just done another letter today and I have stated that as they hadn't got a signed agreement and therefore they have not got my permission to process my data to the CRA's. I am about to report them to the ICO as well. I am not sure what else can be done, so I will be watching.

[kennyparkroad]

thanks suprise, im not sure if sending littlewoods another letter will do any good, so im thinking of just reporting them to the ICO and writing littlewoods back to notify them i have done so, and expect them to remove the data with 7 days or i may start legal proceedings against them! but will cool down and wait for someone to reply here with advice, and go from there.

 

thanks

[mnrbig]

I don't know what's Littlewoods problem. They just ignore letters. See my own thread on the matter http://www.consumeractiongroup.co.uk/forum/other-institutions/78798-littlewoods-non-cca-compliance.html

[120805]

Hi Kennyparkroad been reading your thread with interest. I too have an account with LX and their month expires on my cca request to them this Sat. They keep messing me about though by switching debt collecting companies. Obviously next week I will be posting them a letter telling them that they are now outwith the month.

 

Looking at your last thread I was wondering if you would post up the letter that you sent to the Information Commissioners Office as I am sure that LX will not remove their name or default off my credit file too easily either so would like an idea as to what I am supposed to write to the ICO. Sorry if am wittering on a bit :o

 

Any help or advice would be much appreciated

 

Thankyou

[120805]

Sorry should of refreshed the page before sending in that last post of mine as you are clearly very busy so I do apologise :o

 

LX are not alowed to default you whilst a debt is in dispute (as per OFT guidlines). Maybe a letter to them reminding them of the offence which they have commited and also stating that you are supposed to be given 28 days prior notice in writing of a default to give you the chance to rectify the situation has never been received and you are now requesting a copy of this notice. Try adding the following into a letter:-

 

 

Date: xxxxx

Dear Sir or Madam

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my name.

 

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number **** **** ****.

 

2. You must supply me with a signed true and certified copy of the original default notice

 

3. Any deed of assignment if the debt was sold on

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

 

 

Hope this helps

[kennyparkroad]

thanks but ive already CCA'd them and they have written abck to say they dont have an agreement, so it doesnt matter what they put on the credit file cause im 100% certain no debt = no right to process my data.

[kennyparkroad]

waiting on advice from a few people "in the know" will draft a letter when i get advice.

 

also ive not complained to the ICO yet, and couldnt post the letter either, its a form you have to fill in for them to look at.

 

so ive PM'ed someone for advice, will update you when they get back to me.

[kennyparkroad]

i think the only thing i could possible write is.

 

 

Thank you for your letter dated xxxxxx

 

As you have already stated there is no signed agreement, which means the debt is unsubstantiated and therefore unenforceable, you currently have and have had no authorisation by me to process my personal Data, therefore you are in breach of the Data Protection Act 1998 by firstly processing my data without authorisation, and secondly refusing to remove the entries on my credit file.

 

I therefore request once again all information held by yourselves relating to me is destroyed and taken off my credit files via any and all Credit Reference Agencies.

 

I notice you also say the account is "Defaulted" i never recieved any notice of this default or the legal chance to defend it, i will also point out you that you must of placed the default on my credit file while the debt was in dispute, this is in breach of the OFT guidlines.

 

Therefore i once again state my request that all information is removed within 7 days of this letter.

 

Failure to comply with this will result in my complaining to the Information Commissioners Office and the OFT without further notification to yourself.

 

I look forward to your reply.

 

 

 

 

 

would that do?

 

i will still report them to the Information Commissioners Office today anyway! cause i know they wont budge, its a parting shot because i got the better of them.

 

Thought, or advice appreciated.

[120805]

Sounds good to me.

Just a thought but could you phone the cra and offer to fax a copy of the letter that LX sent you confirming that you did not have an agrement. I hav never yet dealt with the cra so dont know how helpful they will be but surely proof in writing from lx would help in someway?

 

(I hope that am remebering your thread properly as ive read that many )

[kennyparkroad]

thanks

 

ive already sent a letter to experian prior to getting this letter off littlewoods,

 

i did it for a neighbour though and they wrote back to her saying they would contact them directly as they cant take information off without the persmission of the creditor, which is why im also going to involve the Information Commissioners Office because they have nothing from me thats signed so they are processing my data without permission which is illegal.

 

but again was waiting on advice, but i think the letter to littlewoods is the way to go, and copy the Information Commissioners Office on it when i do my complaint to them.

 

ill wait today, but if i get no objections or suggestions to change, ill send that letter to mr cunningham at littlewoods tomorrow recorded delivery.

[stadium_arcadium]

Hi Kenny, I can't open the OFT debt collection guide today, my pc says there is "no acrobat external window handler", whatever that means!! so I can't use it for reference...

Can you find out what date the default was put on? If they have put it on since you disputed the debt then you have good grounds to get it removed. You are right, they cannot share your info with CRA's whilst the debt is in dispute.

 

Try this letter and amend as needed...

 

Dear blah blah

I wrote to you on the xxxxxxx requesting a copy of the executed agreement under the Consumer Credit Act (1974).

I also asked for a statement of account.

A copy of that letter is attached for ease of reference.

I also requested an executed deed of assignment documenting your involvement; this too has not been supplied.

 

You have stated that you have been unable to supply such agreement.

 

Consequently I am unable to acknowledge any debt to your company

 

Your non-compliance with my request means that your company has committed an offence under Section 77 (4) of the Consumer Credit Act 1974, summarily punishable by a Level 4 fine on the standard scale.

 

A credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974 and is therefore a complete defence to any court claim that is issued.

Please take note that any legal action you may contemplate will be vigorously defended and contested.

Furthermore your actions arguably do not comply with the Office of Fair Trading (OFT) Debt Collection Guidelines of July 2003, in that you have ‘communicated with [me] in an inaccurate or misleading manner (section 2.1) by ‘presenting information in that it creates a false or misleading impression’ and ‘failing to provide [me] with information on the status of debts’.

 

A worrying facet of this whole case is the unlawful dissemination of my data by your company to a third party. Under the Data Protection Act (199:cool: I have principled rights in that:

 

(Schedule I)

1. Personal data shall be processed fairly and lawfully.

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

(Schedule II)

1. The subject has given his consent.

2. The processing is necessary “for the performance of a contract to which the data subject is a party.”

 

I have recently conducted an audit of my personal credit reports supplied by Experian and Equifax.

Within both files, an entry referenced to the alleged debt is lodged.

 

This is recorded as “In Default”.

 

However, I note that files have been updated continually since then and I can only deduce that it is your firm updating my credit file without my consent or that your company is disseminating my information to a third party without my consent.

 

The fact that you have not provided me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974.

 

Incidentally, if the documentation were to be produced, you will be aware the default notice serves to cancel any original terms and conditions and as such cancels any right you or my creditor might have, implied or otherwise, to share my information without my consent.

 

I would then be looking to receive substantial compensation from your firm for this breach of my rights.

 

 

What I require

 

I require you with immediate effect to ensure that all data held by you regarding the alleged agreement/debt is removed from any and all Credit Reference Agency database.

 

Ensure that all data held by you regarding me is fully destroyed.

 

Ensure that no further telephone calls are made to me, or my place of work.

 

Ensure that all correspondence is made in writing.

 

I require written confirmation of the above together with a quarterly statement that no data has been processed by you regarding me.

 

Failure to comply

• Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.
  
• Failure to comply with the requirements of the Consumer Credit Act 1974 will cause me to refer the matter to the Office of Fair Trading, and Trading Standards.
  
• Failure to comply with the requirements Office of Fair Trading guidelines will lead to a report being submitted.
  
• Continued telephone contact will generate a complaint for harassment to the police.
  
• If you fail to comply with any or all of the above I reserve the right to take action against you without further contact.

I expect to hear from you within 12 working days from the date of this letter.

 

Failure to do so will be taken that you failed to comply with my request and I will consider the matter closed.

 

Any further action on your part or that of my alleged original creditor pursuant to your and/or their breaches of my statutory rights will be taken as a wilful act of harassment and each instance will be reported to the police.

 

 

 

Yours faithfully,

 

HTH

 

PS, Daughter is on the mend, thanks for asking:)

[kennyparkroad]

thanks for getting back to me

incedentally, ive sent them that letter before, and done nothing, im just not sure where to go from here. ill certainly trim bits out of that and send again, i think my only course of action is to send them a letter and report them to the ICO today to get things moving, ive lost faith in my local trading standards so i guess thats my only options.

 

will draft a letter and post here later for comments

 

thanks for getting back to me.

[kennyparkroad]

ok ive butchered the letters

 

please read as ive added my own bits.

 

let me know if its ok to run with this, if so ill get it posted off ASAP!

 

 

 

I wrote to you on the 18th December 2006 requesting a copy of the executed agreement under the Consumer Credit Act (1974).

 

I also asked for a statement of account.

 

You have stated twice that you have been unable to supply such agreement because no agreement exists, you have also stated your company has taken a commercial decision not to pursue the matter.

 

A credit agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act 1974.

 

A worrying facet of this whole case is the unlawful dissemination of my data by your company to a third party. Under the Data Protection Act (1998) I have principled rights in that:

 

(Schedule I)

1. Personal data shall be processed fairly and lawfully.

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

(Schedule II)

1. The subject has given his consent.

2. The processing is necessary “for the performance of a contract to which the data subject is a party.”

 

I now refer you back to your letter stating the account is now “Defaulted”, therefore you have placed the Default on my account while the account was in Dispute, this is in breach of the OFT Guidelines.

 

The fact that you have not provided me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974.

 

Furthermore, I come to the conclusion that your firm is updating my credit file without my consent or that your company is disseminating my information to a third party without my consent which as I have already stated is in breach of the Data Protection Act 1998.

 

 

What I require

 

I require you with immediate effect to ensure that all data held by you regarding the alleged agreement/debt is removed from any and all Credit Reference Agency database, this is now the second time I have made this request.

 

Ensure that all data held by you regarding me is fully destroyed.

 

Ensure that no further telephone calls are made to me.

 

Ensure that all correspondence is made in writing.

 

I require written confirmation of the above together with a quarterly statement that no data has been processed by you regarding me.

 

Failure to comply

• Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.
  
• Failure to comply with the requirements of the Consumer Credit Act 1974 will cause me to refer the matter to the Office of Fair Trading, and Trading Standards.
  
• Failure to comply with the requirements Office of Fair Trading guidelines will lead to a report being submitted.
  
• Continued telephone contact will generate a complaint for harassment to the police.
  
• If you fail to comply with any or all of the above I reserve the right to take action against you without further contact.

I expect to hear from you within 12 working days from the date of this letter.

 

Failure to do so will be taken that you failed to comply with my request and I make a complaint to any and all relevant authorities without further warning to yourself.

 

Yours sincerely

[kennyparkroad]

again suggestions and pointers welcome, the fact they cant prove the debt means they have no legal right to process my Data but are refusing to delete it.

[stadium_arcadium]

Hi Kenny, sorry I couldn't be more help, recon a letter to the ICO would be the way to go by the sounds of it, especially if you have already sent a letter similar to that to Littlewoods. They seem to be famous for ignoring letters!!

Will check back in with you later:)