Trying to improve my credit file & get debt free ***SUCCESS***

[rory32]

Anyone have an idea what to do when the creditor hasn't replied at all after the twelve working days?

Withhold payment if you want. Other than that you don't need to do anything.

[col123]

subscribing

[championless]

Withhold payment if you want. Other than that you don't need to do anything.

 

Thanks for the advice. The final goal of this is to get them to stop putting information on my credit file. Is there anyway i can get them to reply, so i can at least get the ball rolling. If they can prove the debts fine, and i'll pay them. But if they can't, i want to get the info removed from my credit file so i can get on with my life...

[rory32]

You're a long way from that stage yet championless. You will find that most companies are unwilling to remove this sort of information and it will be a long fight to get them to do so.

[spiritgirl59]

Hi championless

 

I'm with rory on this one

 

I'm trying to get some of mine removed but its going to be a long drawn out process I can feel it in my water.

 

I'm not looking at that aspect as a priority at the moment, more importantly I don't have to pay the majority of them due to them not providing the CCA.

 

I guess its just a case of whittling away at them championless, in the hope they will remove the information at some stage... mind you my own credit file is shot to pieces so it doesn't really matter one way or the other for me personally.

 

Good luck!

Love Spiritgirl x

[championless]

You're a long way from that stage yet championless. You will find that most companies are unwilling to remove this sort of information and it will be a long fight to get them to do so.

 

How do i get them to remove it? Just keep going for the moment? Is there a letter once they've defaulted on the CCA request.

[kennyparkroad]

they need to have defaulted and committed a summary criminal offence, then report them to your local trading standards, the ICO too. then you have a case to get it removed

[championless]

they need to have defaulted and committed a summary criminal offence, then report them to your local trading standards, the Information Commissioners Office too. then you have a case to get it removed

 

Cheers Kenny. Sterling advice as usual!

[chris170985]

Hi, i've been reading the post by championless regarding sending out CCA's, etc. I am really just looking for some advice to my situation I have at the moment with Studio Cards. I CCA'd them and they sent me a blank CCA, I quieried this and there response was that they need to provide me with only a copy and not the exact one I signed. Is this correct?

[rory32]

CCA'd them and they sent me a blank CCA, I quieried this and there response was that they need to provide me with only a copy and not the exact one I signed. Is this correct?

Hi Chris,

After I reply to your question it's probably a good idea to start a thread of your own. They are correct in that they only need to provide a true copy of the agreement which can be unsigned to comply with their requirements under the CCA. However for the agreement to be enforceable they would need to provide a signed true copy of the agreement.

 

If you want me (and others) to have a look at your thread just post the link to it.

[kennyparkroad]

any updates champion?

[championless]

any updates champion?

 

Nothing. Out of the five CCAs i sent to Lowells, Meritforce, Ambrose Wilson, Wescot & Intrum Justitia, only Intrum Justitia have replied. They stated that the account was to be closed so i sent a letter to ask them to remove the information. This was sent recorded and has still not been delivered over a week later.

 

The rest have not even responded yet and on 5th August they will be in default, except Ambrose Wilson & Wescot, which were also sent recorded and now considered lost. Should i resend CCA requests or wait until they default? Should i send a CCA request again to Ambrose Wilson and Wescot, since they're considered lost by Royal Mail, or do you think they were actually delivered, just not signed for, which i know happens a lot with recorded delivery?

 

I've also since checked my credit file with the other CRAs and i've noticed some other creditors, so i'll be CCA-ing them shortly. Although, i noticed that the same debt is listed on callcredit by both Barclaycard AND Lowells. Any advice on how to proceed with that one?

 

It's going to be a long process from what i can gather, but it's worth it. I'll keep you updated, i just wish some of them would reply so the fun can start. Any suggestions on the above would be much appreciated.

 

Thanks

Championless

[kennyparkroad]

CCA the duplicate entries, it weeds out who can chase you.

 

in all likely hood your other CCA's were delivered but not signed for, what to do if you can is FAX them and print off the header sheets, but enclose a letter saying they failed to respond to your initial CCA a copy of which you enclose for ease of reference.

[championless]

CCA the duplicate entries, it weeds out who can chase you.

 

in all likely hood your other CCA's were delivered but not signed for, what to do if you can is FAX them and print off the header sheets, but enclose a letter saying they failed to respond to your initial CCA a copy of which you enclose for ease of reference.

 

Cheers Kenny!

 

Are Barclaycard and Lowell allowed to do this? Both put information on my credit file for the same debt?

 

As for faxing them, do you mean fax a copy of my original CCA and print out the fax pages that proves it was sent? Sorry i'm confused, just want to do everything correctly.

 

Do you know where that website is that can find the head offices of all of these companies? I remember using it to find the first batch. Also any idea how to get telephone/fax numbers?

 

Thanks

Championless

[championless]

Also, are they in default after thirty days or working days or the thirty days plus twelve working days? I'm confused.

[kennyparkroad]

i dont think they can both do this for the same debt

 

heres what i would do

 

 

photocopy your original CCA request that you sent

 

and fax it to both Lowell and Barclays with the following letter.

 

 

 

I wrote to you on the (DATE YOU SENT REQUESTS) 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.

Accordingly, it is my consideration that you have been unable to supply an agreement because no such agreement exists.

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’.

 

Notwithstanding the above I believe that your operatives have sought to contact me on a number of occasions, I would imagine regarding your Company’s viewpoint on the above now disputed agreement.

I now consider that considering your failures as mentioned above, any telephone calls from you constitute harassment and so from this date any further calls to me will be reported to the Police.

In addition you are in breach of the OFT’s July 2003 guidelines in that you are wrongly pursing [me] contrary to Section 2.8(i).

 

Another 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 (1988) 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 payments more than 6 months late on several occasions.

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 a debt collection agency 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.

 

[kennyparkroad]

PS - its 12 working days and then 1 calender month!

[championless]

Found the website where i can get addresses of companies. I knew i'd seen it on here somewhere...

 

Information Commissioners - Data Protection Public Register

[championless]

Kenny, why do i need to sent this letter to barclaycard as well? Since i only just found out that they were on my credit file for the same debt so i have not requested a CCA. Should i write barclaycard a separate letter querying why they are processing my details as well as Lowells?

[championless]

Bump

[championless]

Kenny?

[tomterm8]

 

photocopy your original CCA request that you sent

 

and fax it to both Lowell and Barclays with the following letter.

 

Personally, i wouldn't bother writing a new letter:)

[kennyparkroad]

sorry i was dealing with family stuff for a few days.

 

if you havent CCA'd someone CCA them.

 

the ones you have that have defaulted, use my letter to let them know.

 

it may be worth writing to the original creditor (in addition to sending them a CCA) explain in the letter that there are multiple entries on your credit file for the same debt with different organisations and ask for written confirmation of who exactly the debt was assigned or sold too.

 

 

Kenny

[championless]

I faxed the letter yesterday to all of those who haven't replied. I plan to send CCA requests at the weekend for those who i have yet to send a CCA request to. I will also send the faxed letter by post with proof of faxing and just wait and see.

[championless]

I've wrote this to send to Barclaycard. Any tips would be greatly appreciated.

 

 

Barclaycard

1234 Pavilion Drive

Northampton

NN4 7SG

 

 

Dear Sir/Madam

 

Account Number: xxxxxxxxxxxxxxxxxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

I am presently striving to organise my personal information and have recently checked my credit file with Experian, Equifax and Callcredit. I can find no reference to the alleged debt and/or agreement with you relating to the above account number.

 

I also notice that this alleged debt has also been sold to Lowell Financial. I understand that you can not both have issued defaults for the same account and therefore please provide me with written confirmation of who exactly, if at all, the debt was sold or assigned to.

 

Therefore, please supply me with a true copy of the original Consumer Credit Agreement.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

 

Please find enclosed a postal order for £1, this is to pay for the information requested and is NOT to be offset against any alleged debt.

 

 

I look forward to hearing from you within the statutory time limit of twelve working days.