Marshall Ward And Naturally Close Catalogues

[conchy_joe]

sounds like an attempt to confuse and intimidate you,are they saying you should just keep paying without any type of documentry evidence as to the origin of the loan.i think we need one of our experts to come in on this as there are quite a few of us about to reach this stage,but my gut instinct is that they are bluffing.

[conchy_joe]

hi archer,i noticed that on your link #12 you said that "good 'ol reliable" said that they admitted the debt was unenforceable,that being the case how can they default you,once again experts needed.

[archer_66]

im not sure to be truthful but ive read on here that if they default while themselves being in default then its not valid but not sure how to remove it if it goes on? i think i shall write them a nice letter!

[archer_66]

lol just thought id share with you that i got a letter from the actual catalogue today and not reliable collections!!! it was a normal statement.ive just realised also that the 40 days were up for the SAR! so ive sent them a letter today asking where it is

[conchy_joe]

i got a statement today from "reliable",just a statement showing the outstanding amount and nothing about my letters or anything about not having received payment, also nothing about late charges.i'm ignoring it,if they have anything concrete they'll write.

[joesoap]

well what do you know ive had a peply off shop direct today about my marshall ward account......they cant find an agreement and have returned my cheque for £1.!!!!!! this debt is now unenforceable.what should i do know?

 

archer

 

Sorry to but in. Can you give me the address you used for Shop Direct please? I've written to them twice (@Liverpool & Manchester) but have had no replies.

 

Cheers

[yaffsimone1]

Marshall Ward didnt have my agreenment either, because i never signed one!

 

They have written to me advising that i am indeed indebted to thier company but they have taken a commercial descion and decided not to pursue the debt. I am now in the process of getting the information removed that they have placed with the credit reference agencies. Im finding this the hard bit

 

I got a great letter if you want to use it:)

[madh21]

What was in the letter that you sent if you dont mind me asking?

[archer_66]

joe i sent my letters to the debt collection agency that was acting on their behalf.the letter said

well the last letter i sent was this

I write in reply to your letter dated 24th April 2007.The fact that you have not produced a properly executed agreement signed by both myself and Naturally Close,means that is unenforceable .I would like you to refer to the letter sent out on the 11th April 2007 by Tracey Wagstaffe to myself stating, "We are familiar with the Consumer Credit Act and are therefore well aware that the debt is legally unenforceable if an executed agreement cannot be provided."

The 12 days allowed to produce such agreement has lapsed,as has the further 30 days after.I have now reported you to Trading Standards and am awaiting a reply from them.DCAs are not supposed to interfere in accounts that are in Default.It is not permitted to try to enforce such a "debt" either.

I have stated that I do not give permission for my data to be transmitted.Any Default applied to my account whilst you yourselves are in Default will be reported to the Information Commisioner and TS .All times of calls have been logged and letters kept for handing to Trading Standards should they so require.I would like to add that I know of another case where a company Defaulted a customer while they themselves were in Default and they were taken to court and had to pay a fine to the customer of around £500.

 

but i also sent them a letter before this (well loads of letters!)

but i asked them to refer the account back to the original debtors as a DCA was no longer allowed to get involved as the case was in dispute!

[yaffsimone1]

madh21,

 

They have failed to produce the agreement and written off the debt this is the letter i sent:-

 

Request for true copy of Credit Agreement under Sections 78 of the Consumer Credit Act 1974

 

I wrote to you on the ******* 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 being pursued by your dormant debt collection agencies GCC and 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, by ***** 2007

 

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 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 ***** 2007. This should include your proposed actions in relation to the lack of a credit agreement.

 

 

[archer_66]

had another letter yesterday from a debt collectors saying they will take me to court

[archer_66]

i had a letter off naturally close saying they are going to cease all chasing for the account.then a week later i get a letter saying theyre going to pass it on to a DCA!!! silly fools whats going on there??

theyll be getting a letter off me on monday...........

[archer_66]

checked yesterday and the credit report has been amended accordingly

[archer_66]

well still having letters about the marshall ward account.now being told the new debt collectors that have it are taking me to court.i have wrote telling them that if they do i shall be requesting the CCA and also i shall be bringing all letters ive sent regarding the matter and the recorded delivery slips.just have to wait and see.they dont have the CCA as ive been told a couple of times by different companies that they dont.

[archer_66]

had a letter off marshall ward well debt collectors.... saying confirmation of residence..... then saying i owe them money and they know i live here and theyve added £15 to my account for confirming my address and they know im choosing to ignore their letters and will take me to court! cant believe after 2 yrs theyve started again.. although they arent the only company thats done this, there isnt a clause somewhere that states the CCA request is only valid for 2 yrs is there?? just thought id ask! lol