Littlewoods Default Removal - Please please help

[Breeeze]

Below are the two letters I have sent Littlewoods regarding having a default removed (they have no CCA so I know that have no right processing my data)

 

This is the last piece of adverse data on my file and I'm looking to get a decent morgage and this is the only thing stopping me.

The default was placed in 2005 and would rather not have to wait until 2011

 

Letter 1:

 

 

 

Littlewoods Home Shopping Limited

Skyways House Estuary

Commerce Park, Speke Road

Speke, Liverpool

L70 1AB

Wednesday February 28 2007

Account Number: ********

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that you (Littlewoods) has placed a "Default" notice against an account in my name.

Further to this I don't have a 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 cheque for £1 in payment of the statutory fee.

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 credit files as unsubstantiated.

 

When the 28 days expired I wrote this letter...

 

 

 

 

Littlewoods Home Shopping Limited

Skyways House Estuary

Commerce Park, Speke Road

Speke, Liverpool

L70 1AB

Wednesday March 28 2007

 

Dear Sir or Madam

Account number - ********

I wrote to you on the 28/02/07 asking for some relevant information. I enclose a copy of the letter which was sent via recorded delivery.

As 28 days has now passed from the date of the letter you are now in breach of your duties under Section 78 of the Consumer Credit Act. If you do not answer my original questions and reply within 7 days I will have no choice but to escalate the matter to the relevant authorities including the Ombudsman, Office of Fair Trading and the Information Commissioner's Office.

 

Now I haven't heard a thing back since - I know they have commited a criminal offence but I am unsure as to what to do next.

Any help would be appreciated

 

 

+ the £1 cheque was giving to a DCA for a small debt of under £100 that they say I owe - Having spoken to the DCA they are refering the account back to Littlewoods as they have no CCA, and as I said, neither has Littlewoods as I didn't sign one.

[Breeeze]

Apologies for the any one that read this thread the first time, it was late at night and was unsure how to fix it then

 

BreeZe x

[Breeeze]

Bump as first post was a mess and I have sorted it out noiw.

 

Hope someone can help.

 

BreeZe x

[tomterm8]

Send the DCA a section 10 notice under the Data Protection Act 1998. Something like

 

"Dear X,

 

I note that you have failed to supply to me a copy of the credit agreement, as requested in my letters dated XX and YY.

 

As you are aware, without a Credit Agreement, and without my permission to process data, you have no legal right to process my data. I therefore serve upon you a notice under section 10 of the Data Protection Act 1998 to stop processing my data with effect from 7 days after the receipt of this letter.

 

If you continue to process my data without my consent after this period, I will consider complaining to the statutory authorities and further legal action for damages.

 

I look forward to your acknowledgement of this letter and your agreement to stop processing my data,

 

Yours Sincerly,

 

XXX"

[powelll]

Depending how good your local Trading Standards are they may also take this up for you ( it varies quite a lot locally but always worth a try )

[Breeeze]

Thanks very much for the relpies

 

A few questions I have..

 

I really need the default removed from my file as its the last bad thing on there (have paid all my credit commitments on time since 2005)

Its not so much that they are still processing my data, its just I want this entry to be removed but I dont know how to tell Littlewoods that.

I mean the two letters I have sent to them clearly points out what I would like them to do but they just won't

 

I got married in January this year and we want to get our foot in the property ladder and this is really efecting my ability to get a morgage.

Having said that a few lenders have offered me one but at a ridiculous APR.

 

The DCA is not a problem anymore as they have told me the account has been past back to Littlewoods.

They say I owe them under £100 which ?I dispute as far as I'm concerned the account was paid off in full in 2005.

 

I am 100% sure they don't have a CCA on me.

 

Also would Trading Standards get Littlewoods to remove the default?

 

Should I send copies of the Letters I have sent Littlewoods to the CRA's and state to them they have no CCA and have commited a criminal offence?

 

Thanks to anyone that replies

Much appreciated.

 

BreeZe x

[tomterm8]

Thanks very much for the relpies

Its not so much that they are still processing my data, its just I want this entry to be removed but I dont know how to tell Littlewoods that.BreeZe x

 

processing your data includes giving third parties information about how you run your account.

[Breeeze]

Thanks.

 

They havent updated my credit file since 2005 so its not like they are doing it monthy