KRP VS Littlewoods - Default removal

[kennyparkroad]

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue-15.html

 

All info is in that thread, but a breif summary.

 

CCA'd them in Dec 2006!

 

Got a letter to say that they would not be chasing the debt as there was NO CCA!

 

Proceeded to put a default on my file anyway in April 2007,

 

They told me they could do that in accordance with Terms and Conditions, i pointed out, No CCA = No valid terms and conditions and that a default notice as per the CCA could only be placed in breach of a valid executed agreement of which there was none!

 

They will not budge on removing the default and have provided their final response, ive already complained to ICO in July of this year - still have not been assigned a case worker.

 

My question is simple.

 

Looks like im going to Court, as everyone seems positive that without the CCA, they cannot default me as it implies ive broken a written contract, when none exists!

 

what do i do next?

[kennyparkroad]

bump.

[jysmystry]

Hi Kenny,

 

Sounds similarish to my situation. We are at more of less the same stage too so i'll be interested to see how this works out. I take it you still have an outstanding balance?

 

When you CCA's them did you request a copy of the default notice? If not i'd go for that (that's what im going to do). Assuming this is not or hasn't been forthcoming i shall be attempting to use their various flaws (no CCA, didnt get a default notice, debt is partly unlawful bank charges, account was in dispute when they defaulted me etc) to try to negotiate a settlement which includes the removal of the default without having to go to court.

 

Looks liek your past that stage so its bullet biting time to my mind. If i was you (and bear in mind im not!) i'd probably be looking at an N1 claim form to "motivate" them.

[kennyparkroad]

i think its the N1 claim form im going to have to do.

 

was just looking for advice on the POC's.

[kennyparkroad]

Pausing this thread just now, as if you look at my other thread

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue-16.html

 

seems to be going in the right direction.