Simplybe Catalogue- NO Credit Agreement PLS HELP

[charitynjw]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

For completeness, tessy1, could you please let us know what arrangement was in place re payment of this account/debt?

& is there any chance of posting up any T&C's re your contract (at inception, & any 'modifiers').

[labman]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

If the notice of intention was not given, the default should not be there - simple as, as far as I understand this. You should write to the Data Controller of the company and ask them to remove it stating that as your reason. If they refuse, you should go to the ICO.

[tessy1]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

yes there were 1,2,4,5,6 payments missed with 3rd month missing. It got defaulted at after the 6th.

I have a break down of statement compiled on one page they sent to me upon request. CHECK BELOW

[FlamingParrot]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

http://www.bbc.co.uk/news/business-17670803

I don't think this case (Santander v Mayhew) would be relevant here, after the OFT intervened in 2003/2004, there were no more storecards transformed into general purpose credit cards, certainly not as late as 2008. This seems to be a straightforward catalog account.

[charitynjw]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

I don't think this case (Santander v Mayhew) would be relevant here, after the OFT intervened in 2003/2004, there were no more storecards transformed into general purpose credit cards, certainly not as late as 2008. This seems to be a straightforward catalog account.

That's typical, that is!

Comes in after I've done all the hard work................msl:

[FlamingParrot]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

That's typical, that is!

Comes in after I've done all the hard work................msl:

I'm sorry I had to take a week off, that's what we parrots are like! :lol: :lol: :lol:

[charitynjw]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

I'm sorry I had to take a week off, that's what we parrots are like! :lol: :lol: :lol:

That's no way to suck seed in life!

:hat: I've found me hat, who's nicked me coat?!

[tessy1]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

so what do you suggest about the attachment and as regards the default

[labman]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

See post 17.

[tessy1]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

seen thanks. What am suppose to quote in this letter ?

[FlamingParrot]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

seen thanks. What am suppose to quote in this letter ?

Something along these lines, including any correspondence you may have had, as per post 11 above.

Dear Sirs,

Account ref.:

I write with reference to an unlawful default recorded against me. As you can see from the attached correspondence, the default registered is a clear breach of s.87 & s.88 of the Consumer Credit Act 1974. As such I'd like you to consider immediate removal of the default whilst this matter is being investigated by the relevant governing bodies, bearing in mind you are classified as the data processor and can be held liable.

Section(s) 87 & 88 of the CCA 1974 are quite clear:

s.87 - Need for default notice
(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,

(a) to terminate the agreement, or
(b) to demand earlier payment of any sum, or
(c) to recover possession of any goods or land, or
(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e) to enforce any security.

(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

s.88 - Contents and effect of default notice
(1) The default notice must be in the prescribed form and specify

(a) the nature of the alleged breach;
(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;
(c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2) A date specified under subsection (1) must not be less than fourteen days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the fourteen days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

Subsequently, s.87(1) of the CCA1974 clearly states that a default notice must be served before the creditor or owner can become entitled, by reason of any breach by the debtor. As no default notice was sent to me, you are in breach.

Please ensure immediate removal of this default, I look forward to your response within the next 21 days stating the default has been removed.

Yours faithfully

[tessy1]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

Thx, Flaming Parrot. Much Appreciated

[tessy1]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

I decided to post the replies i got back from them regarding the default. I am actually thinking if i still need to write to them again or lodge a complaint with the ICO ?

[tessy1]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

Do you think i should write to them again as i had written to them about 4 times now without luck. Should I lodge a compliant with the ICO or write to them again. How true are their responses from the above attachments regarding the Default ?

[labman]

Re: Simplybe Catalogue- NO Credit Agreement PLS HELP

The link below is very good and very simple and clear:

http://www.ico.org.uk/for_organisati...%20%20doc.ashx

Hopefully a read of that will help you to make a decision. Personally I cannot see much wrong with what they have said in the attachments. While you don't have to have a Default Notice as such for CRA purposes, they should have issued you with a 'Notice of Intention' to register a default against you. If you didn't get this, I think this would be your primary argument.

You'll see the ICO's definition of a 'breakdown of relationship - only you will know whether or not your account(s) fit their definition. If they don't, obviously this becomes another major source of concern.