car2403 -v- Grattan PLC - Catalogue account (Default Removal attempt)

[car2403]

With Grattan, I'm following the process here;

 

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html

 

They've had their 28 days without replying to Letter 1, so I've sent a nudge letter;

 

After writing to you on 9 June, I notice that you have failed to respond to my request to fully substantiate the Default entry you placed on to my Credit file with the Credit Reference Agencies on 31 May 2002. Please note that I originally gave 28 days from 9 June for this information to be provided – this deadline will expire on 7 July 2007.

For your information, I am enclosing a copy of my letter dated 9 June, to which I will require a response before 7 July 2007. You are legally obliged to provide this to me as this is my right under your obligation to supply the information under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). I am also concerned that you may be in breach of the Data Protection Act, as you seem to have processed this information without being able to fully substantiate this – hence my original request.

I look forward to receiving this information before 7 July, as requested – if you are unable to provide this, may I respectfully request that you instruct the Credit Reference Agencies to remove this Default from my Credit file and respond to me to advise me of this.

Please note that I may escalate this query to the relevant authorities if you continue to ignore my requests – including the Credit Reference Agencies, the Information Commissioner’s Office, the Financial Services Ombudsman and ultimately a Court of Law to seek legal remedies to rectify this situation, if required.

 

Still haven't received ANY response, but this was just sent 2 days ago.

 

Where do I go with this now? Is it just a case of banging away with Letter 3, from the link above?

[TheAnalyst]

ICO complaint is the way to go, mail order companies rarely have signed agreements, if you can get it in writing from them that they dont have one then thats all the ammo you need to get the ICO to intervene

[car2403]

I've sent the letter here, with a s.10 and s.12 Data Subject Notice;

 

http://www.consumeractiongroup.co.uk/forum/legalities/24013-defaults-proposed-method-removal.html#post187269

 

21 days and counting to ICO complaint if they still don't respond - still no Default Notice or Credit Agreement...

[car2403]

As a matter of course we notify credit reference bureaux details of all accounts held with us to serve as a record as to how the account has been conducted.

 

With reference to your request for a copy of the agreement in relation to the above account, I would point out that under the Consumer Credit Act 1974, Section 78(3), we are not requred to send you copy agreements when these relate to agreements (accounts) for which no money is payable.

 

The entry you are querying is due to for automatic deletion in 10 months, therefore, as a gesture of goodwill, as the account was fully settled, I can confirm that I have deleted the entry from the credit reference records.

 

I trust this clarifies the position and resolves your query.

 

Yours sincerely,

Etc, etc...

 

Well, that was easier than I thought it would be - wish I'd done that years ago!

 

Maybe I should go back to them with a claim for damages caused because of the Default anyway?

 

 

Nah - it's gone, that's the main thing!