PT2537's CCA request against Littlewoods

[gh2008]

Animallover24, can I suggest you start a new thread and repost in there.

 

In short, the response to the 'CCA request' is prob ok, BUT this bit

' if it subsequently transpires that you did not sign a CCA we realise it will be unenforcable but it is not void or unlawful debt. we are satisfied upon discussion with the Information Commissioners Office and on legal advice that it can still be registered as a default with credit reference agencies.

is not!! The issuing of credit like this comes under the CCA and under that there Must be an agreement. They say you agreed to make payments WHERE?? if you didn't sign an agreement you didn't agree

 

IMHO you will have to make a choice as to whether you are going to take the fight to them (and if you do your homework - beat them) or wait for them to keep hassling you for the next 6yrs.

[coolchris]

Thought I just said that. Maybe I'm going nuts and my post is somehow only visible to myself.

[waders]

Jesus , Thanks Cool Chris Ive Been Looking For Just A Simple Answer .

 

Excuse The Language Your A F**king Ledgend!!

 

Thanks

 

Waders

[The GodMother]

Animal i have not read any of your posts but i can tell u exaclty what company has issued the letter that ghd has quoted.

 

I personally am fighting this company. No payment has been made to them since nov 2007.

[Andyorch]

Years ago May 2009

 

 

 

 

 

ok then, been way toooooo long here

 

so, first thing tuesday, this is in the post

 

Quote:

Aintree Innovation

Fortune House

Park Lane

Netherton

Bootle

Merseyside

L30 1SL

 

 

Letter of Claim.

 

 

 

Dear Sir or Madam

 

 

I note that from checking my credit file that you have recorded 4 entries on there in relation to previous accounts that were held with your company.

 

I must ask that these entries are removed forthwith, as firstly I have never held 4 accounts with your company and therefore the data is materially incorrect and contrary to the Data Protection Act 1998 as I am sure you will be aware that data must be accurate. You will be aware as to the data you have uploaded onto my file and you will be aware that the data is incorrect as your records will show only 3 accounts were ever held yet 4 are recorded. This is damaging my credit reputation on its own without considering the other matters.

 

Secondly, the records on held on www.annualcreditreport.co .uk it states that a default notice has been served; this is incorrect on all 3 accounts and further more, the records do not state any financial details of the accounts other than defaulted. This is clearly not the case, a default implies that I have breached an obligation to pay you, this is incorrect as there is no obligation to pay where there is an unenforceable credit agreement and I direct you to section 173(3) Consumer Credit Act 1974 which allows for consent to payments to be withdrawn without admission of liability, this is also established in case law, most notably the House of Lords in Wilson and First County Trust 2003 UKHL 40 and furthermore the Lords said that where the lender gives funds out under an unenforceable credit agreement, the debtor cannot be considered to have been unjustly enriched (see Para 46-50 of the judgment of Lord Nichols of Birkenhead)

 

As you will be aware, your organisation breached the Consumer Credit Act 1974 by failing to ensure that a credit agreement which contained all the financial particulars required by the Consumer Credit Agreement Regulations 1983 schedules 1,2 and 6 was provided to me and that such agreement signed and was returned to your organisation before you extended goods on credit terms. This is a direct contravention of your consumer credit licence, which is issued by the Office of Fair Trading.

 

As you will be aware, I did not default on the repayments, in fact far from it, I raised the issue that the failure to provide a credit agreement to me on entry into credit caused severe prejudice as the true cost of borrowing was not clear to me nor were the terms of account on entry into credit, thus breaching s61 (1) Consumer Credit Act 1974.accordingly the account was at a dispute as the agreement was clearly improperly executed as defined within s65 (1) CCA 1974 and accordingly unenforceable pursuant to s127(3) CCA 1974. It seems entirely inconsistent with the Consumer Credit Act 1974 for a lender to take retaliatory action and damage a credit file when the lender has failed to observe the requirements of the 1974 Act. The Act was introduced to protect consumers and to ensure transparency in lending, not to allow lenders to defame a consumers credit files when they have asserted their legal rights to challenge the agreement when the creditor was negligent in ensuring the requirements of the 1974 Act were complied with.

 

The defaults, which you have registered, are in accurate, and unfair as the 3 defaults you have recorded is damaging my career, as I am unable to secure the employment in the legal profession that I wish to seek due to the recorded defaults. I consider the defaults unjustified and on counsel’s advice, it is considered that by recording a default you are conducting a form of enforcement of the agreement. In any event I contend that to damage my credit file in the circumstances where you have failed to follow the legislation that has been in place for long enough for a company such as yours to get it right, is infact an unfair relationship as defined within s140a Consumer Credit Act 1974. In view of the fact that I hold a written admission from your legal department that there never was a signed credit agreement recorded on your systems for my 3 not 4 accounts, I require you to remove these records from my file.

 

If you refuse, then I will be left no option but to seek to instigate proceedings against you, firstly to seek declaratory relief pursuant to s142 (1) CCA 1974. Secondly for an order that you remove the damaging data from my credit file, primarily pursuant to s14 Data Protection Act 1998 and I shall also seek damages to be assessed by the court on the principles established in Kpohraror v Woolwich Building Society - [1996] 4 All ER 119 and reaffirmed in Durkin v DSG Retail and HFC Bank for damage to my credit reputation which has clearly been impugned by the malicious and incorrect recording of data on my file.

 

I require the inaccurate data to be removed from my credit file forthwith, I require that you confirm by no later than 4pm on the 8th June 2009 that these records have been removed or that you provide reasons as to why you are refusing to remove the data.

 

If no such response is received, then legal action will commence without further notice after the 8th June 2009, as I have no option as my career is at stake.

 

Please also confirm the correct address for service of court papers in the event that you refuse to remove the data

 

I look forward to your reply,

 

Regards,

Time to start the fight