Mr_Jailer:

No, because I did not plan to buy on credit. When I registered with the site, I did it to make a purchase online - like pay for it. I couldn't make the transaction online, so I disregarded the emails. Since then a credit account supposedly exists.

Exactly m8 and precisely what all the catalogues used to do. Give you a credit account whether you asked for it or not in the temptation you buy something for Christmas or a Birthday to spread the load and then charge you 35% interest forever.

All with no agreement from the purchaser and the cheeky b*******ds threaten defaults and legal action when you don't pay them back.

braindeadave:

So, you knew at that time it was a credit account. But you then continued to make purchases? But because you couldn't be bothered to send back the credit agreement they sent you, you now feel as though you have a right to complain?

No, because I did not plan to buy on credit. When I registered with the site, I did it to make a purchase online - like pay for it. I couldn't make the transaction online, so I disregarded the emails. Since then a credit account supposedly exists.

Mr_Jailer:

Basa,

Assuming your case goes favorably, what precedent will this set for others in the same position - eg. no CCA, but default recorded on credit file.

It won't set a precendent as the case is in a County Court not a higher court.

I think the judge is waiting to see what precedents (if any) come out of the test cases which are in the High Court (Commercial Division) before re-convening my case.

braindeadave:

So, you knew at that time it was a credit account. But you then continued to make purchases? But because you couldn't be bothered to send back the credit agreement they sent you, you now feel as though you have a right to complain?

Not exactly accurate.

He registred with the vendor to make a purchase. At that time it would probably be like any other online purchase, you give a credit/debit card details, they take the money and send the goods. NOT a credit transaction.

The company in this case (similar to mine) ASSUMED he wanted credit, but even though the application was not completed let alone executed the company still provided credit. This would have been at their own risk in a situation where they could not expect payment.

Mr_Jailer:

When I registered with

You will shortly receive two copies of your credit agreement. Please sign and return one copy to us upon receipt.

So, you knew at that time it was a credit account. But you then continued to make purchases? But because you couldn't be bothered to send back the credit agreement they sent you, you now feel as though you have a right to complain?

Basa,

Assuming your case goes favorably, what precedent will this set for others in the same position - eg. no CCA, but default recorded on credit file.

Mr_Jailer:

Basa,

Hope it goes well for you.

What reasons did SDFC / ICO present supporting that they can share data with CRAs when they can't?

Keep us posted as to the outcome of this case.

In the meantime I may write a letter offering a reduced full and final payment in return for removing the default entry from my credit file.

Both SDFC and ICO argue that because I have traded through catalogues (which contain the data protection policy) and the deal was a credit arrangement (I receive the goods and pay later) I have implicitly accepted they have a right to share info with CRAs. Obviously I will be arguing strongly against this.

They also argue the data is necessary for the recording of information pursuant to 'the legitimate interests' of the creditor with regard to the 'performance' of the debtor. I will be arguing even more strongly about this.

I'm not sure a F&F settlement (should they even accept it) would be leverage enough for the removal of the default. Don't forget SDFC are on the ropes here they either accept a total loss and screw your credit score or take a reduced loss and let you off the credit hook. Like spoiled kids they spit their dummies and trash your credit history.

No doubt your indebtedness doesn't amount to much more than a few hundred quid. To SDFC that is hardly worth arguing about, or taking you to court for (they know they'd lose). They didn't even fight my court case until I wrote to their CEO complaining they hadn't paid my CCJ !!!

I think in my case, I reckon they are in a no win situation. They applied for a set aside. Win or lose they have to defend my case. ;-)

Basa,

Hope it goes well for you.

What reasons did SDFC / ICO present supporting that they can share data with CRAs when they can't?

Keep us posted as to the outcome of this case.

In the meantime I may write a letter offering a reduced full and final payment in return for removing the default entry from my credit file.

Mr_Jailer:

Shop Direct contradict their own data protection policy by writing that they will no longer pursue the outstanding balance, but will share the information with credit referencing agencies for 6 years after I requested a true copy of my CCA and they failed to supply one.

A prerequisite for sharing information with credit referencing agencies is that they enter into a credit agreement first and foremost. They can not prove that there is a credit agreement, and therefore should desist sharing information with CRAs in compliance with their own data protection policy.

Is there a template letter I can use to write to Shop Direct highlighting this fact?

Tell me about it !!!!!

I have been in battle with SDFC and the ICO for months over this. They won't either of them budge.

Hopefully a forthcoming court case of mine may resolve it once and for all. SDFC have applied to set aside my default judgement against them which included this very argument.

The case is currently adjourned awaiting the Manchester test cases, but I hope it might be heard again soon after Christmas.

Until this matter is resolved by the Commercial High Court there is no point wasting time and money writing to SDFC.

Shop Direct contradict their own data protection policy by writing that they will no longer pursue the outstanding balance, but will share the information with credit referencing agencies for 6 years after I requested a true copy of my CCA and they failed to supply one.

A prerequisite for sharing information with credit referencing agencies is that they enter into a credit agreement first and foremost. They can not prove that there is a credit agreement, and therefore should desist sharing information with CRAs in compliance with their own data protection policy.

Is there a template letter I can use to write to Shop Direct highlighting this fact?

ive been in the same situation, ive contacted the head office and they have been dealing with my account, after i have informed they that its there misstake not mine....... there number is 08442921000 as for the directors office and explain to them whats been happening

this has been happening to a few people that i know and they have been running there account for a number of year

good luck

Mr_Jailer:

When I registered with Littlewoods Direct online to buy an item (although I did not make any purchases at the time), I received the following emails:

(snip)

Email 2 was for a credit application that I did not make. I did not apply for credit, or a credit account. This was an automated email I received as part of registering on their site.

I did not sign any credit agreement or return any documentation. Is this evidence that I did not apply for credit?

I can't say lack of anything can be 'evidence'. However Littlewoods inability to provide a signed agreement would be proof that they have no contract to demand repayments.

When I registered with Littlewoods Direct online to buy an item (although I did not make any purchases at the time), I received the following emails:

*****

Email 1:

Subject: Registration Request

Date: Tuesday, 20 November, 2007 18:09

We are delighted to inform you that you have successfully completed your registration for www.littlewoodsdirect.com.

The next time you visit the site, your email can be used together with your password to log on for faster shopping.

Welcome to the easiest way to shop, on line with Littlewoods Direct.

Kind regards,

Email 2:

Subject: Credit Application

Date: Tuesday, 20 November, 2007 18:12

Dear MR,

Thank you for choosing to shop at www.littlewoodsdirect.com

Welcome to the easiest way to shop, on line with www.littlewoodsdirect.com.

We are delighted to tell you that your application for the littlewoodsdirect Account has now been approved

Your Customer Account Number is:

REFXXXXX. Remember to quote this every time you contact us.

You will shortly receive two copies of your credit agreement. Please sign and return one copy to us upon receipt.

As you have now opened an account with us, you may like to enjoy the benefits of our Shopping Insurance.

Shopping Insurance offers you peace of mind should the unexpected happen. Not only can it protect most of your purchases for 3 years, it could cover your Account payments too!

For full Shopping Insurance benefits and Terms & Conditions please refer to the Help & Services section of our website, $$BRANDHELPURL$$

Kind regards,

*****

Email 2 was for a credit application that I did not make. I did not apply for credit, or a credit account. This was an automated email I received as part of registering on their site.

You can try, but unfortunately until the courts (hopefully) decide defaulting an account subject to an unenforceable or non existent agreement is wrong, you will hit the same brick wall the ICO has put up.

Good luck though.

basa48:

My thoughts:

The following is quoted from Quick Link: Safety of your details:

“Shop Direct Finance Company Limited ("SDFC") provides credit, subject to status, and arranges other financial services products.

By giving information to Shop Direct and SDFC, you agree that it will be shared with Group Companies.

How we will use your information

Shop Direct and SDFC may use your personal information as follows:

- To process your payments.

- The information held about you, but not information held at credit reference agencies, may also be used to analyse your shopping preferences as part of Shop Direct's and SDFC' marketing programmes.

- Shop Direct and SDFC may also pass your information to other Group Companies, and to third parties, for debtor tracing and debt recovery purposes.

Credit Applications

If SDFC enters into a credit agreement with you they will also add details of your agreement as well as ongoing details of your account and how you manage it to credit reference agency records.”

- I know debt recovery is like NDR, but what / who is ‘debtor tracing’?

- Is a ‘credit based relationship’ the same as a ‘credit agreement’? Am I bound to the terms and conditions of a ‘credit account’ and its terms and conditions through a ‘credit agreement’ or ‘credit based relationship’

The ombudsman said:

“Shop Direct is not required to be able to demonstrate that a customer has provided explicit agreement to its data protection policy in relation to recording information with credit referencing agencies.”

What does this mean? I thought it was through the Data Protection Act 1998, that explicit permission is required to share data and not through SDFC’s own data protection policy? And that explicit permission comes in the form of an executed CCA?

Also, where on SDFC’s website does it say: “The data protection policy pages clarify that information regarding the performance of an account will be exchanged with the CRAs on a regular basis.”

“Shop Direct notes that when you applied for the account, you provided information to it for the purpose of opening a credit account, and purchasing goods via this account. In doing so, you signified your consent to Shop Direct processing your information. This is also explained in the data protection policy pages at the back of Shop Direct’s catalogue. The data protection policy pages clarify that information regarding the performance of an account will be exchanged with the CRAs on a regular basis.”

In terms of opening a credit account - I do not recall opening an account of any sort back in 2007. In fact I placed my first order over the phone. I didn’t sign anything. It was for a PS3 – 60GB. I think it was a buy now pay later basis.

I didn’t ask for a credit account, nor was I aware I had a limit of £900, until much later.

What documentation could the ombudsman be referring to in terms of me providing information for the purpose of opening a credit account?:

“Shop Direct notes that when you applied for the account, you provided information to it for the purpose of opening a credit account, and purchasing goods via this account. In doing so, you signified your consent to Shop Direct processing your information”.

I have a default on my account, but I didn't get a notice of default. Should I reply back to the Ombudsman?