The ICO 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 ICO the Data Protection Registrar or is this another 'body' i can add to my list?

Thats good you are getting further than me!. The other agencies are Equifax and Call Credit. I would write to them saying whatever it was you said to Experian. They may not have told you they have written off the debt but they know they cannot pursue it and getting your file cleared is great news. As far as your file in concerned the debt never existed. I'm going to be asking you for advice!

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

We know (hopefully) that they wont be stupid enough to try and enforce the balance...they cant and they know it. So i am going to pursue with getting the credit file cleared. My letters are becoming quite repetative highlighting what LW can and cant do.... they have currently ignored my request under S10 of the DPA but then it has taken them 6 weeks to write the letter above so its a case of sit and wait i think. i will still write to LW though emphasising that this is not over!

Well they have not said that in so many words....there is about £109 outstanding on the account after all refunds, they know they cannot pursue this but i am finding it very difficult to get them to write it off and put it in writing! Now they have refunded charges etc i assuming they will not be applying anymore. Not that i care will just sling in another claim. So all they have now is the outstanding figure this should never change, i dont admit to it, they cant enforce it, so they would be wise to get rid. With regards to the 'Without Prejudice'. I am aware thier letter cannot be used in court as evidence of them admitting they dont have an agreement, however, i feel somewhere in previous documentation they sent they do admit to not having one. So maybe for them the 'Without Prejudice' is too little too late!

Note: they have settled out of court for everything on the claim

I'm sure i had a Littlewoods thread but it seems to have dissapeared! Ok keeping it short:- CCA's Littlewoods Filed county court claim for Charges, Extra Care Advantage (which they are now calling Insurance) and interest Now trying to get erroneous data removed from credit file. LW cannot supply agreement and after various letters to and throw i get this response from my letter dated 6/6/07:- My letter 6/6/07:- Request for true copy of Credit Agreement under Sections 78 of the Consumer Credit Act 1974 I wrote to you on the 11 April 2007 requesting a true, signed copy of any credit agreement that exists in relation to the above account (see enclosed).This is my right under Sections 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request. Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence. Both of these deadlines have now passed and I have received nothing in relation to my request apart from a blank unsigned agreement and being pursued by your dormant debt collection agency Nationwide Debt Recovery. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account. As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking. On the advice of the Financial Ombudsman, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, then I will pursue the matter through the Ombudsman. The maximum timescale for you to give a final response to any complaint is 8 weeks. This time runs from the date of my original complaint, in this case that is the request for a true copy of the credit agreement. Therefore, you must provide me with a final response in this matter, including your proposed actions for this account immediately Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Under the Data Protection Act 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 – a. For the performance of a contract to which the data subject is a party The fact that you cannot provide 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, I cannot recollect receipt of the said documentation. If the documentation were to be produced as you are aware the default notice cancels any original terms and conditions and as such cancels any right to share my information without my consent. There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this. Should you fail to respond immediately, I will expect that this means you agree to remove all such data. Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies: You may not demand any payment on this account, nor am I obliged to offer any payment to you. You may not add any further interest or charges to this account. You may not pass this account to any third party. You may not register any further information in respect of this account with any of the credit reference agencies. You must remove the default notice you have placed on my credit file. I look forward to your final decision on this complaint this should include your proposed actions in relation to the lack of a credit agreement. Furthermore it must be noted that a summons will be issued to you on 7 June as stated in my letter dated 29 May in which I gave you 7 days to refund the charges, this you have failed to do. I have enclosed a copy of the summons which will be issued to the court on Thursday 7 June 2007 Their reposnse:- WITHOUT PREJUDICE Further to your letter 6/6/07 concerning your complaint on relation to the management of your account please accept our apologies that you have found it necessary to complain. In the interests of improving the service we offer to our customers, all complaints received are taken very seriously and a full investigation is always carried out. Our understanding of your complaint is as follows:- · You have requested a copy of your signed credit agreement from when your account was opened on 30/11/04 · You advised you never requested Extra Care Insurance · You have had numerous charges applied to your account. We have made a full investigation, assessed your concerns and can confirm our findings as follows:- For ease of reading, I have addressed each of your points separately: In regards to your credit agreement we are unable to supply a signed credit agreement for this account. There is however, clear evidence of an existing credit based relationship between ourselves. There has been no suggestion of any dispute in relation to the goods or that you did not order them. A blank credit agreement would have been sent to you to provide you with the terms and conditions of your account. (a blank agreement was sent but did not have T&C's, not that it makes a blind bit of difference) In relation to Extra Care Insurance (ECI) our records show that ECI was charged to your account on the 28/1/06 when you placed an order. (i did not ask for this and the order was actually for a pair of jeans.....would i requir ECI for a 20 quid pair of jeans.....i dont think so) A certificate of insurance would have been sent to you outlining all the terms and conditions and benefits of the cover. On the front of this document it advised you to read the certificate and if you decided you did not want to go ahead with the insurance, send the certificate back to Littlewoods within 30 days and we would cancel the cover. ( no certificate ever recevied) However our records show that ECI was cancelled on the 18/4/07 and we credited your account with £27.06 with respect to the premiums charged. (yes because i sent them a snotty letter but they didnt refund the whole amount!) It is made clear in the ‘Your Account’ section at the back of your book of your catalogue that a charge is applied to your account should you fail to make payment, and as such I am satisfied the charges applied to your account are fair and reasonable. We are aware of the statement of the OFT’s position regarding fair charges. We are satisfied that the charges applied for are fair and justifiable in accordance with the views of the OFT and are fair within the Unfair Terms in the Consumer Contracts Regulations. (i seem to be seeing this quote with all creditors not just Littlewoods, exact same wording, they must have a book of excuses flying around or maybe OFT have advised them to say this!!!!!) However due to your representation in the matter and for commercial reasons we have credited your account with £ in respect of charges, £ ECI and £ in interest. The balance of your account is £ (hurrah settled out of court) As your complaint is in relation to a credit agreement that was sold before 6/4/07. You are unable to refer your complaint to the FOS as we were not a member of a Dispute Resolution Service until this date. I should advise you that if you decide to refer to FOS it is unlikely that they will consider your complaint. (thats bull i will submit a new complaint) I confirm that this letter concludes our investigation into your complaint. I trust our explanation meets with your satisfaction. I would like you to note the 'Without Predudice' bit and give me your thoughts on how to reply. I must add that my last letter sent has not been replied to yet, this was sent before i got the above, this is it:- Thank you for your letter dated 25 June 2007 the contents of which have been noted. As you will be aware from my letter dated 3rd April I have not at anytime requested Extra Care Advantage and to date you have failed to prove otherwise, therefore please accept letter as confirmation I DO NOT accept your offer of £10.00. You have also failed to supply me with a true, signed copy of the alleged credit agreement as requested, what you sent is NOT a credit agreement signed by me furthermore the address is incorrect. This is not the address I lived at when the account was opened which proves the alleged credit agreement you sent is in fact a conjectured reconstruction. Consequently Littlewoods have tried to illegally enforce this disputed debt using your dormant debt collection agency Nationwide Debt Recovery. You have also chosen to ignore the statutory notice issued to you on the 6 June 2007, this notice was issued under section 10 of the Data Protection Act 1998. You are now in breach of this act in which the Information Commissioner has been informed. I have been made aware of the Information Commissioners Press Release with regards to Littlewoods’ breach of the Data Protection Act 1998:- In a separate investigation the Information Commissioners Office ruled that Littlewoods had failed to process customers’ data in line with the Data Protection Act. This follows a customer’s attempt to stop the company using her personal data for direct marketing purposes. Despite her requests Littlewoods continued to send her marketing materials. The Information Commissioners Office has now required Littlewoods to sign a formal undertaking to comply with the Principles of the Data Protection Act. Failure to meet the conditions of the undertaking is likely to lead to further enforcement action by the Information Commissioners Office and could result in prosecution by the Office. Mick Gorrill, Head of Regulatory Action at the Information Commissioners Office, said: that process individuals’ personal information must do so in compliance with the Data Protection Act. If they do not, they not only risk further action from the Information Commissioner but also risk losing the trust of their customers. Individuals must feel confident thatorganisations are safeguarding their personal information.” I’m sure the Information Commissioner will be interested to find that even after Littlewoods were asked to sign a formal undertaking to comply with the principles of the act they still choose to breach the Data Protection Act 1998. I make no guarantee that I will not put this case forward to have your credit license revoked. This will be subject to investigations by the Office of Fair Trading Thoughts on what to write now most appreciated.

So Egg have to supply you with a copy of the true original signed agreement. I am assuming Egg will have to produce the original in court, is there any chance this original can be subject to document testing for age etc? How wonderfull would that be....they produce an 'original' that is possibly only a few weeks old!

Extra Care is not a penalty charge it is a PPI, it has never been requested lack of credit agreement confirms this. So therefore in my view it can be reclaimed. For me Littlewoods have just settled out of court all the charges, Extra Care advantage and interest under the county court act. I recevied confirmation yesterday. So guys it can be done.....you just gotta keep on at them!

Yaff

Yes Viking are a subsidery company of GE Money. I have dealt with them through GE

Creepy...i was just looking at my Equifax file and compiling a 200 worded notice of correction to send when i got your post. This is what the files says:- If our reply says that we have done nothing, or if we fail to reply within 28 days, or if we correct the information but you are not happy with the correction, you can write your own note of correction and ask for it to be included in our file. To do this, you will need to write to us within 28 days of receving our reply. If you did not get a reply from us and you want the information we sent you to be corrected, you will need to write to us within 8 weeks of the letter you wrote to us in which you asked us to correct the information or remove it from our file. Your letter will need to:- Include the note of correction you have written. It must not be more than 200 words long and should give a clear and accurate explanation of why you think the information is wrong. If the information is factually correct but you think it creates a misleading impression, your note of correction can explain why Ask us to add your note of correction to our file and to include a copy of it whenever we give anyone any of the information you think is wrong or any information based on it. Im doing mine now and i am sending a notice of correction for all creditors that have put misleading info on my file due to non-compliance of CCA 1974. Trojanska....i think i have found that letter will PM you.

Right....they dont get rid of me that easily!

I sent something along those lines to Howard Cohen & Co with regards to NEXT account. They responded saying they dont need to supply the info as they are only acting on behalf of NEXT as litigators.

It does not make any reference to cancellation rights. Where did you sign this agreement, at home or on the creditors premises? It could be unenforcable on these grounds.

Is it for broadband charges? If it is i dont think it is covered by the CCA 1974 unless you have hired equipment from them

It seems that may be standard practice for Nationwide, that is exactly what they did to me. I filled out the form, specifically said basic account, she went away came back and informed me i had been refused. How, i asked. Because of your credit score she said. Had a few words turns out she did in fact apply for a current account with a view to downgrade me, thats why i got refused. I was not happy to say the least especially as i spent 30 minutes telling her why i needed a basic account!

Rob S....Abbey will not credit check you for a basic cash account and it can be opened there and then. Halifax, Co-op and Nationwide will check you but that is not to say they will turn you down. Nationwide and Co-op were made aware that it was a credit free basic account that i wanted yet they credit checked me anyway!

I wrote to you on the XXX requesting a true, signed copy of any credit agreement that exists in relation to the above account. This is my right under Sections 77-79 of the Consumer (put section 77 if its a loan, section 78 if its a credit card, section 79 is for hire purchase) Credit Act 1974. This statutory fee of £1.00 payment was included with my original request. This letter was sent recorded delivery, and received and signed for at your address on XXX. Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence. Both of these deadlines have now passed and I have received nothing in relation to my request. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account. As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends. Under the Data Protection Act 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 a. For the performance of a contract to which the data subject is a party. The fact that you cannot provide 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. If the documentation were to be produced as you are aware the default notice cancels any original terms and conditions and as such cancels any right to share my information without my consent.There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this. Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data. Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies: You may not demand any payment on this account, nor am I obliged to offer any payment to you. You may not add any further interest or charges to this account. You may not pass this account to any third party. You may not register any further information in respect of this account with any of the credit reference agencies. You must remove the default notice you have placed on my credit file. I look forward to your final decision on this complaint by XXX. This should include your proposed actions in relation to the lack of a credit agreement

My god that is awfull, find out who this instructer is affiliated by, he will belong to a Karate Governing Body and report him. I would also put in a serious complaint to the school and ask them to contact the 'yobs' parents highlighting that you may wish to contact the police. This is Actual Bodily Harm. At no stage during a sesson should an opponent actually deliberately attack the other especially a junior white belt against a junior brown belt. And no i would not pay them a penny.

I dont know if you Littlewooders are aware but they have been asked by the Information Commissioners Office to sign a formal undertaking that they intend on complying with the Data Protection Act 1998, this was in June and in my case and many others they have failed to adhere to it. I'm writing a stern letter to the Information Commissioners Office highlighting this and i feel it would make more of an impact if i could enclose some names of others experiencing the same problem of erroneous data being processed. I am finding that dealing with these regulatory bodies on an individual basis is not having the desired effect, by compiling a mass complain as you have seen on CAG with the credit cards and banks can only benefit us at the end of the day. If anyone would like thier name enclosed please PM or email if you have my email address. Once the letter is drafted anyone who has opted in will be able to view and comment before i send it. Yaff. Any details you give me will be dealt with in the strictest of confidence.

You need to take a breath and calm down. Littlewoods cannot do anything they dont have an agreement. What you need to do is write a letter to NDR and bascially telling them that a dormant company cannot have any accounting transactions therefore you are not going to deal with them and only deal with Littlewoods (you should bear in mind they are the same company!!). Have Littlewoods finally admitted in writing that they dont have a credit agreement? If they have and they still pursue the debt the only other course of action i can see if all else fails is take them to court to obtain an injunction. Dont tell them you are willing to pay for the goods....no credit agreement....no debt.

I am sick to the back teeth with all of them. I wrote to ICO highlighting no credit agreement but creditor still processing information, they replied saying we dont deal with credit agreements write to OFT Yes i know that but what about the processing data bit!!!! Wrote to OFT regarding another creditor and lack of agreement, they reply 'sorry we cannot deal with individual complaints' Trading Standards just flippin useless FOS say they cannot deal until the creditor has issued final response or 8 weeks is up Yes final reposnse has been issued and 8 weeks was up about 16 weeks ago. Tell them this FOS reply sorry please wait untill they issue final response.....Head against a brick wall....... I am seriously beginning to feel like there is no help.

Aren't the prescribed terms supposed to be on the same page as the creditors signature? It also does not state the late payment charges etc....is this a prescribed term?

Just fired my question off to Ms Lord and Mr Munroe about why they still persist in allowing creditors to enter erroneous data onto the credit files where no signed credit agreement exists.