Default Advice Please - Same Default, Different DCA

[fuzzylittlethings]

Hi, I would appreciate any advice please on my situation.

 

I had a default registered with Shop Direct Finance (Littlewoods) couple of years ago. I plucked up the courage last year to try and get it removed and in October 2008 they finally removed full account from my credit report. I paid the outstanding balance in full through Moorcroft Debt Recovery though prior to this as they had bought the account. I had also complained to the ICO as they couldnt provide the default.

 

However after receiving my credit report from experian a few weeks I noticed there was a new default for £199 from a company called Pheonix. I questioned this with Experian who later gave me contact details for a DCA called Credit Account Management. I have since found out that this default is for the same account and debt owed I paid to Moorcroft/ Littlewoods. I have since written a few letters to Credit Account Management who have failed to reply to any of them. I sent them a letter requesting the default notice as well as providing the stat £1 cheque. I sent the letter recorded delivery and they recieved this on 12th February and cheque was cashed 17th February. Now I understand they have 14 days to provide me with this, is that 14 working days??

 

I have also contacted Moorcroft as I paid the outstandnig balance to them and they are in no particular rush to help me. They basically wrote me a letter requesting my bank statements as proof of the payments made to them as they found no evidence of this account. I sent these a few weeks ago and have heard nothing since.

 

Now I dont think this Credit Accont Management can provide me with the alleged default as Littlewoods couldnt, but I just want to follow the procedures so that I can get this removed.

 

Any advice please??

[fuzzylittlethings]

Anyone help at all??

[fuzzylittlethings]

Please?

[dx100uk]

so you have sent a cca request to whom placed to default marker?

does your file state the debt is now satified and when?

 

did you cca moorcroft before you paid them?

 

i would certainly not of paid anything to a dca without the correct paperwork

 

no cca = no pay or default or pass around

 

dx

[fuzzylittlethings]

Yes I got in contact with littlewoods who had placed the default marker. They could not produce the default or the CCA and so the whole existence of the account was removed from my credit report. Months before this though I paid off the outstanding balance to Moorcroft who Littlewoods were dealing with. Then like I said just last month the account re-appeard but under this Credit Account Management mobs name with a default and same outstandnig balance.

[dx100uk]

so you paid moorcroft without them actually having an agreement? now they are denying its existance too?

urm.... me thinks you need to claim the whole lot back, paid under false pretences or fraud springs to mind!

 

no-one can put a default on an ac they do not hold a cca for

 

dx

[fuzzylittlethings]

Aye? I didnt see the problem at the time. The debt oustanding was referred to Moorcroft but Littlewoods had placed the default. They removed it and everything disappeared. Then couple of weeks ago this new DCA placed a default for the same littlewoods account. They have until the 2nd March to supply me with default and a reply for that matter. Whats my next step if there is no reply etc cos littlwoods couldnt provide me with a CCA or default notice the 1st time round and they removed everythnig.

[fuzzylittlethings]

Well its the 2nd march 2009, 12 working days + 2 are up, and no response whatsoever from credit account management, moorcroft or littlewoods. Not a peep. What is my next course of action? I know that a further 30 days and Credit Account Management Ltd will have commited an offence. Is this 30 days or working days? Do I need to send them anything just now?

[dx100uk]

the 30 days no longer applies.

if they have failed to produce a current cca then they must surely remove the default as they were [are] not licenced to process your data

 

dx

[fuzzylittlethings]

So what is the next step for me then?

[dx100uk]

write demanding the default is removed

 

also write to the CRA's and tell them to check their info as it is wrong, a dca has put a default on your file when they had no agreement to do so.

 

dx

[fuzzylittlethings]

Is a letter like this ok - ive changed bits and bobs of the CCA non compliance letter. let me know wat u think?

 

ACCOUNT REF xxxx – DEFAULT £199

I refer to my letter dated 9th February 2009 which was delivered via Recorded Delivery to your offices on 12th February 2009.

 

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letter of the 9th February 2009 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Credit Account Management Ltd purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation.

 

Credit Account Management Ltd has also reported to the CRA’s an outstanding balance of £199.00 and default which 1. Had already been paid and 2. The default was never issued / received. You will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Credit Account Management Ltd or any other company within the group to comply with the removal of all defaults and compensation for damage and distress as a result of unlawful data processing.

I may also pass the matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

 

I look forward to your reply within 14 days to resolve the matter amicably.

Yours faithfully

[fuzzylittlethings]

any help? i would like to get this latter sent out 2day if possible.

 

cheers

[dx100uk]

nicely done

however i would make it plain that you want the default removed forthwith , because they did not have an agreement giving them prem to place it on your cra.

 

unless i have read it wrong?

 

dx

[fuzzylittlethings]

Hi, since the above letter was sent out ive still had no reply or response whatsoever from credit account mangement. and today officially the 30 further days are now up. what do i do now? do i need to send them another letter or do i complain etc?

[fuzzylittlethings]

any help please?

[fuzzylittlethings]

Can I refer my complaint to ICO now as i've still no reply?

[GerryPerry]

I think you will probably need to go back to the source. Your account was actually with Littlewoods? When you review your credit file, which company has actually placed the default against your account with them - its these people you'll need to go after, not necessarily the DCA.

 

You need to do a Subject Access Request with them. You also need to confirm that they passed their claim to Moorcrofts who were acting on their behalf, and get them to confirm that the debt is now closed. You could also ask what relationship they have with this other group in respect of your account.

 

What's in the SAR will determine what the best course of action is. A second letter will build the case that they are being very unreasonable.

[fuzzylittlethings]

The name of the company is Credit Account Management - not littlewoods as it was previously. I'll send off the SAR request over the weekend then and see what I get back - if anything. All my letters have been sent recorded delivery and havent heard a single peep from them!!

[fuzzylittlethings]

Just a wee update to say still havnt received the contents of the SAR request but they have now removed the full account from my credit report. Got it through the post yesterday and there was nothing on it.

[GerryPerry]

Many congratluations - sounds like Job Done!