catalogue debt

tote_alley_stressed

Hi, catalogue have acknowledged that they cannot fulfil their sending of credit agreement and it is now up to me whether I continue to settle the account. They are prepared to accept £1 a month .If I don't send payment the debt remains on my credit file until I do. Where do I go from here?

rog2

Surely, if the creditor can not send you a copy of the signed credit agreement, and have actually acknowledged that you have no legal requirement to continue making any payments, then they should remove the default from your credit file.
In my opinion, if you make the suggested £1 pcm payment, then you are acknowledging the debt.

Arwen

Just seen this post.If they do not have a copy of the signed CCA, then they cannot enforce the agreement. S 61 and 127 of the CCA are the terms I have used as a lay person in court helping clients.

I used to worked for a major bank and we ignored Mail Order accounts when assessing lending as Mail Order information was notoriously wrong. I cannot guarantee that all companies are the same though.

fermi

See this thread:

http://forums.moneysavingexpert.com/showthread.html?t=446798

In which I posted:

OK. This is the position legally.

The original creditor is is legally responsible for maintaining the information held by the CRA's. The CRA's only report what they are told, so if you complain to them they will simply refer you back to the creditor.

Therefore, to get an entry corrected, you must write to the creditor including something along the lines of:

Dear Sirs

Re: Account Number xxxxxxxxxxx

After consultation with both the Information Commissioner and the Credit Reference Agencies, I am writing directly to you to request that you formally update my credit files in accordance with the Data Protection Act.

Currently the information that you have recorded against my name with the Credit Reference Agencies is factually incorrect, and despite several written requests to your customer services , as yet your company has failed to correct the entries as required.

The Information Commissioner has indicated that I should allow you 28 calendar days from the date you receive this letter to comply, during this time you are requested either to update the Credit Reference Files correctly (of all three Credit Reference Agencies) or notify me in writing the reasons that you refuse to.

After the 28 days have elapsed the Information Commissioner has requested that I inform them if your company fails to update the records so that they may take any necessary enforcement action against your company.

Yours faithfully......

Add your own personal details to this letter.

If the creditor refuses, then you should complain to the Information Commissioner, since the creditor is breaching the Data Protection Act.

See: http://www.ico.gov.uk/

Due to the introduction of recent legislation, it is the Information Commisioner who has sole jurisdiction over matters covered by the DPA.

Please look at their website and phone their helpline before proceeding, so that you have the correct advice

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