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Default Notice and CCA Non Compliance
inmypocketnottheirs
Posts: 4,745 Forumite
in Loans
Over the last couple of years we (myself and DW) have been battering down our debts and generally clearing up our credit files following some financial problems a few years ago.
Everything is now more or less perfect, except for one apparently impossible to solve problem.
Back in 1998 my DW took out a mail order catalogue from GUS. Mail order catalogues are not generally subject to CCA agreements unless one buys on interest bearing credit terms. The normal procedure then is to send out a CCA to be signed.
To cut a long story short, my wife never signed a CCA agreement. The account is now settled and shows as such on Experian and Equifax. However the account did default and get passed to collectors. It was subsequently paid in full and is marked as settled on my DW's credit file.
However a Default Notice remains (from 2005). A Default Notice is as detrimental to a credit file as a County Court Judgement.
My wife has written to Shop Direct (owners of GUS) to ask for a copy of a signed CCA, a copy of a notice of assignment, a copy of the Default Notice and a statement of account. Shop Direct can not provide any of this, and my wife has today received a blank CCA agreement that SD say she would have signed!
My understanding is, that without the above information SD would be unlikely to enforce the debt in court. However they are still not removing the Default and can not or will not prove that they have followed the correct procedures.
SD have not adhered to the 12+30 days stipulation. The original request was made on 10.6.08 and we we are 30.7.08 and still no movement from them.
I have raised a complaint with Trading Standards as well as the Information Commissioner.
Is there anything else I can do to force these cowboys to adhere to the rules?
Thanks!
Everything is now more or less perfect, except for one apparently impossible to solve problem.
Back in 1998 my DW took out a mail order catalogue from GUS. Mail order catalogues are not generally subject to CCA agreements unless one buys on interest bearing credit terms. The normal procedure then is to send out a CCA to be signed.
To cut a long story short, my wife never signed a CCA agreement. The account is now settled and shows as such on Experian and Equifax. However the account did default and get passed to collectors. It was subsequently paid in full and is marked as settled on my DW's credit file.
However a Default Notice remains (from 2005). A Default Notice is as detrimental to a credit file as a County Court Judgement.
My wife has written to Shop Direct (owners of GUS) to ask for a copy of a signed CCA, a copy of a notice of assignment, a copy of the Default Notice and a statement of account. Shop Direct can not provide any of this, and my wife has today received a blank CCA agreement that SD say she would have signed!
My understanding is, that without the above information SD would be unlikely to enforce the debt in court. However they are still not removing the Default and can not or will not prove that they have followed the correct procedures.
SD have not adhered to the 12+30 days stipulation. The original request was made on 10.6.08 and we we are 30.7.08 and still no movement from them.
I have raised a complaint with Trading Standards as well as the Information Commissioner.
Is there anything else I can do to force these cowboys to adhere to the rules?
Thanks!
Don't lie, thieve, cheat or steal. The Government do not like the competition.
The Lord Giveth and the Government Taketh Away.
I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
The Lord Giveth and the Government Taketh Away.
I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
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Comments
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What was the outcome of this? I see there are no replies but I am in a similar situation.0
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Have a look here https://www.nationaldebtline.co.uk and give them a ring as they will be able to tell you exactly what to do and help you with it.Wow, I got 3 *, when did that happen :j:T:p
It is not illegal to open another persons mail unless you intend to commit fraud - this is frequently incorrectly posted
I live in my head - I find it's safer there:p
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