PKea v Robinson Way / Next

[Paule]

Thsi is the response to my CCA request



P

[Paule]

For those with Bad eyesight this is the main part




And this is going to be my response

To Whom It May Concern:

I refer to my letter dated 22nd June 2007, which was delivered to your offices on 26th June 2007.

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the 22nd June 2007 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time you’ve had this account, along with any other documents mentioned in the credit agreement.

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. If the request is not satisfied after a further 30 calendar days, your company then commits an offence. These time limits will expire on 12th July 2007 and 11th August 2007 respectively.

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.

Therefore on 11th August this account will became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to your company
I require the following action from Robinson, Way & Compnay Limited :

1. All payments made to date to yourselves for this account should be refunded in full, including interest at the rate of 8% per annum.

2. Removal of all defaults entered by Robinson, Way & Company Limited . Note this is to be a complete deletion and not merely an amendment.

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

4. After a full refund of all payments, with interest and compensation, are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Robinson, Way & Company Limited or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

I look forward to your reply within 14 days to resolve the matter amicably.

PKea

Does this read ok?

[Delta]

Eeeek, wouldn't want to be on the wrong side of you hun, that letter scared me!

So I guess it gets a thumbs up from me!

[Sapphire]

Oh Pkea, that is such a brilliant letter. I hope it gets you results, I shall be watching this thread with baited breath.

sapphire

[diskmandave]

Morning Paul

[Paule]

Right Then recieved a response to my letter





What Do you all think??

[iancognito]

Hmmm think i've mentioned somewhere before PK that unless a charge is made for credit, catalogue accounts aren't covered by the CCA. SO anything made on a 20 or 40 weeks interest free arrangement wouldn't be covered, but if you bought a bigger item over say 100 weeks with interest added, an agreement would be in force.

[Paule]

Hmmm think i've mentioned somewhere before PK that unless a charge is made for credit, catalogue accounts aren't covered by the CCA. SO anything made on a 20 or 40 weeks interest free arrangement wouldn't be covered, but if you bought a bigger item over say 100 weeks with interest added, an agreement would be in force.

Next Direcory operates lke a credit card, ie rate of interst on all purchases, except you only buy goods from them, and it is covered by the CCA.

[iancognito]

OK, that'll teach me to read properly!

I can't afford to shop at Next, Littlewoods are about my limit

[Paule]

OK, that'll teach me to read properly!

I can't afford to shop at Next,

Neither can we apparantly...lol

[diskmandave]

Re: PKea v Robison Way / Next

Right Then recieved a response to my letter





What Do you all think??

They're contradicting themselves!

Section 189 CCA 1974;
“ creditor “ means the person providing credit under a consumer credit agreement or the person to
whom his rights and duties under the agreement have passed by assignment or operation of law.

Keep up the good fight! LOL!