Unenforceability & Template Letters III

Greekous

Hi,

I've just sent out the reminder to my creditors for my CCA. If they can not provide this can they still issue a default on my credit file?

Thanks

Greekous

flo5

Hi

Have taken guidance from looking on this board in how to deal with NEXT/Capquest l am now unsure as what to do next. Apologies for this being so long

Brief resume:

Requested CCA from NEXT nothing happened after 20 days they sent terms and conditions they had deducted the £1.00 fee from the account, so l sent letter as per Template 3.2

Then nothing

Then heard from a DCA advised them that account was in dispute and refer back to NEXT as they should not have sold it. After many weeks they duly replied and confirmed that they had sent it back to NEXT. Heard no more

A few weeks ago get a letter from Capquest which l ignored then we started getting daily phone calls. Sent letter asking not to phone they replied treating it as a complaint account on hold. A week later received a letter stating that they can ring me between 8am - 9pm and will do so unless l make an arrangement to pay.

Sent following letter
[FONT=&quot]"AO: Data Controller of Capquest - Section 10 notice under the Data Protection Act 1998[/FONT]

I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to my personal or work telephone numbers registered with you or stored on your systems/records.

The processing and use of these numbers is causing significant distress.

Advice from The Consumer Credit Counselling Service and the Information Commissioner indicates that your retention of contact details in the form of a correspondence address is sufficient to fulfil contractual requirements.

This request supersedes any contractual provision that you may claim exists, and any attempt to claim otherwise will not be accepted or tolerated.

Under the DPA you have 21 days to respond to this request, and 28 days
to cease processing and/or remove the data from your systems.


Future use of my telephone number will be recorded and will indicate a breach of my request under the DPA. This will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by 6th April 2010, I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence."
However, l am not sure what l need to do now and would welcome some guidance/advise.



Many thanks

handyman123_2

Hi, flo5, Have you had a look on never-in-doubts unenforcability thread, I,m shure I've seen some info there that may help. From what I've read recently it looks as if you've done everything right. I'm still waiting for info from the same DCA hence the interest. I'll keep watching to see how you get on.

Best wishes Handyman123.

flo5

Thanks Handyman123

It is from there that l got a lot of the information that l used. I was just looking on that board and wondering if l had posted this in the wrong place?

Your comments were most welcome

never-in-doubt

Greekous wrote: »

Hi,

I've just sent out the reminder to my creditors for my CCA. If they can not provide this can they still issue a default on my credit file?

Thanks

Greekous

Yep - they will add a default, no matter what! It is all they can do....

PNPSUKNET

you will struggle with next, you dont normaly sign terms but are there everytime you order and in every book.

fermi

handyman123 wrote: »

Hi, flo5, Have you had a look on never-in-doubts unenforcability thread, I,m shure I've seen some info there that may help. From what I've read recently it looks as if you've done everything right. I'm still waiting for info from the same DCA hence the interest. I'll keep watching to see how you get on.

Best wishes Handyman123.

Thread merged.

never-in-doubt

fermi wrote: »

Thread merged.

Thanks Fermi.....

never-in-doubt

PNPSUKNET wrote: »

you will struggle with next, you dont normaly sign terms but are there everytime you order and in every book.

True, but still means without signed terms or tick in the box with prescribed terms, they cannot enforce anything!

flo5

Thanks Fermi and never-in-doubt.

Oops I did think l had posted on the wrong board - as you may gather l am not very sure of myself