I've CCA Littlewoods how long have they got to reply?

[ccjjl82]

I sent request for Subject Access Request and CCA to Littlewoods, and they signed for my letter 3rd April. I recieved a letter today confirming my Subject Access Request and they will contact me soon, but no mention of CCA even though it was in the same letter I sent and the cheques were in the same envelope
How long do they have for Subject Access Request?
And when do they go into default for the CCA. And what do I do then?
Many thanks.

[clemma]

They have until the 23rd April to respond to your CCA request (12 working days after receiving your letter). They have had slightly more time than normal due to bank holidays. If you have no response by then, you can put the account into dispute.

The dispute letter you send depends upon what they respond with. If you post back here on the 23rd then you will get the information and letter you need

As for the Subject Access Request - they have 40 days from date of receipt (including non-working days) so I would say they have until the 14th May.

[ccjjl82]

Thanks clemma, will post back tomorrow then. They sent me a letter today though saying thanks for my letter recieved 16th April (they signed for it on the 3rd) they are looking into my complaint. And they didnt spell my name right!
c

[ccjjl82]

I should have heard of them yesterday. 12+2 days are up so that means they have gone into default, doesnt it?
Should I send them a letter? Or just wait till it becomes an offense?
Thanks
c

[clemma]

You can send them the following letter. Remember PRINT do not sign and send recorded delivery.

Dear Sir/Madam

I DO NOT ACKNOWLEDGE ANY DEBT

ACCOUNT IN DISPUTE

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore;

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation. This limit has expired

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

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.Therefore this account has become unenforceable at law.

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.
The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.
I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.


Yours faithfully,

[ccjjl82]

Thanks clemma I appreciate your help.
Thats now printed and in its envelope ready to go off tomorrow (I'm a bit eager )
Also included in there a print off of their signature for delivery of my request letter
Lets sit back now and wait.
c

[basa48]

Originally Posted by ccjjl82

I sent request for Subject Access Request and CCA to Littlewoods, and they signed for my letter 3rd April. I recieved a letter today confirming my Subject Access Request and they will contact me soon, but no mention of CCA even though it was in the same letter I sent and the cheques were in the same envelope
How long do they have for Subject Access Request?
And when do they go into default for the CCA. And what do I do then?
Many thanks.

Did you make it clear in your letter that it was two separate and distinct requests, i.e. one for the CCA with a fee of £1.00 plus a second for Subject Access Request with a fee of £10.00??

The second request (Subject Access Request) should ideally have been addressed to the Data Controller.

If you did make it clear this was two requests in one then yes the deadline for the CCA has passed and you can put them to dispute.

But I really wouldn't have done it that way, I would have sent two letters.

They could claim they were confused.

PS: Is this for a catalogue agreement, if so when did you take out the account??

[ccjjl82]

Originally Posted by basa48

Did you make it clear in your letter that it was two separate and distinct requests, i.e. one for the CCA with a fee of £1.00 plus a second for Subject Access Request with a fee of £10.00??

The second request (Subject Access Request) should ideally have been addressed to the Data Controller.

If you did make it clear this was two requests in one then yes the deadline for the CCA has passed and you can put them to dispute.

But I really wouldn't have done it that way, I would have sent two letters.

They could claim they were confused.

PS: Is this for a catalogue agreement, if so when did you take out the account??

Hi basa, yes I did make it clear. Explained I would like copy of agreement therefore attached £1 fee to be used solely for this, the same for the Subject Access Request. I even stated at the bottom of the letter enclosed £10 cheque for Subject Access Request, £1 cheque for Credit Agreement.
Yes this is for a catalogue. I took it out back in 2002 I think, they have already told me they werent regulated by fsa back then. Have asked who they were regulated by if this would make any difference. Do you want me to post a copy of the original letter up (you have me thinking I have got it wrong now!)

[basa48]

Originally Posted by ccjjl82

Hi basa, yes I did make it clear. Explained I would like copy of agreement therefore attached £1 fee to be used solely for this, the same for the Subject Access Request. I even stated at the bottom of the letter enclosed £10 cheque for Subject Access Request, £1 cheque for Credit Agreement.
Yes this is for a catalogue. I took it out back in 2002 I think, they have already told me they werent regulated by fsa back then. Have asked who they were regulated by if this would make any difference. Do you want me to post a copy of the original letter up (you have me thinking I have got it wrong now!)

All credit agreements (and a catalogue is one) are regulated by the CCA 1974 and CCRegs 1983. The FSA is irrelevant.

It is fairly well accepted that catalogues didn't send out 'agreements' as such.

My OH has had (did have ) a Littlewoods account and admitted they didn't have an agreement. They have agreed to not pursue the debt and not default us.

Chances are you are in the same boat.

[ccjjl82]

After looking on here, basa, I have seen a lot of people who have had unenforceable 'agreements' with Littlewoods (or basically no agreement produced). I think I may be joining them! Really all I wanted was my insurance premiums back that was wrongfully added to my account, but they didnt want to play ball , so looks like we will have to go down this way instead.

[basa48]

I didn't have to wait very long before I got their letter of admission. You should look forward to yours soon

[john4janie]

Hi

sorry to hijack someone else's thread but can't find how to start a new one!

My query is similar to the main one in that I intend to dispute a Littlewoods account. The account was first opened in 2006 (ish) in my husbands name. A credit agreement was never signed.

Some time later my husband and I split up but I continued to use the account and make the requested payments. I emailed littlewoods to tell them that i would take over the payments and they replied saying they would need official contact from my husband to change the account into my name. This was never done as I have no contact with him. I have continued to use the account as well as make regular payments and no payment has ever been missed.

My question is whether the debt is enforceable - I have wondered whether the signing for goods constitutes acceptance of the debt.

Hope someone can give me some advice

Thank you
Janie

[basa48]

Originally Posted by john4janie

Hi

sorry to hijack someone else's thread but can't find how to start a new one!

My query is similar to the main one in that I intend to dispute a Littlewoods account. The account was first opened in 2006 (ish) in my husbands name. A credit agreement was never signed.

Some time later my husband and I split up but I continued to use the account and make the requested payments. I emailed littlewoods to tell them that i would take over the payments and they replied saying they would need official contact from my husband to change the account into my name. This was never done as I have no contact with him. I have continued to use the account as well as make regular payments and no payment has ever been missed.

My question is whether the debt is enforceable - I have wondered whether the signing for goods constitutes acceptance of the debt.

Hope someone can give me some advice

Thank you
Janie

If the account is in your (ex) husband's name, why are you continuing to service it?

In any case if no agreement was signed, again, why are you paying it?

Signing for receipt of goods only confirms receipt of goods, not that there is an agreement.

Stop paying, there is nothing Littlewoods can do. If you were really mean you could possibly order goods and not pay, saying you understood as it is your husbands account he would pay!!!

Incidentally only your husband could ask for the agreement anyway!

[ccjjl82]

john4janie, I agree with basa. Its not in your name, if there is an agreement, so you cant be responsible for the debt.

quick update, Littlewoods cashed in both cheques for CCA and Subject Access Request yesterday, which is 2 weeks after they should have had my cca sent to me. Oh well, just another 16 days before it becomes a criminal offence
tick tock.
c

[basa48]

Originally Posted by ccjjl82

Oh well, just another 16 days before it becomes a criminal offence
tick tock.
c

[basa48]

Originally Posted by ccjjl82

Oh well, just another 16 days before it becomes a criminal offence
tick tock.
c

Sorry the 'criminal offence' after 30 days was repealed a while ago.

[ccjjl82]

Originally Posted by basa48

Sorry the 'criminal offence' after 30 days was repealed a while ago.

Oh, I didnt know! Thanks for letting me know.
Time for an update anyway;
recieved my Subject Access Request, and I can only just make some sense of it. There was only statements going back 6 years but I guess that because they hold info for 6 yrs.
And there was no cca or any type of agreement in there.
I asked for a recording of me agreeing to their insurance and they said they only started recording calls March 2007 (I joined April 2001).
Looking at the charges page, there is an insurance sale on a certain date, followed by an insurance upgrade both made by telephone. However on the statements there was no order placed on these dates. Which further backs up my case, because that means they would have actually phoned me up just to sell this insurance on two occasions. And I am sure I would have remembered this!
I dont know what step to take next. I have sent the letter regarding no CCA recieved therefore I acknowledge no debt, which they have recieved. It was even in my Subject Access Request noted that they had recieved fee for CCA. Do I just leave them to it now?

[basa48]

Now you've written saying you dispute the debt because there is no signed credit agreement, you should just sit back and wait.

I anticipate they will write (eventually) to say they can't find an agreement (because there isn't one!! duh) and won't pursue it any more.

Edit: I should really learn to read!!!

You should send off a letter saying you dispute the account and do not acknowledge any debt because there is no properly executed credit agreement.

Say also you are not obliged to pay and they should not pursue or pass on the debt, or record defaults.

Ask them to either produce a valid agreement or write the debt off.

There are standard 'dispute' letters around.

Make it reasonably short, but include all the relevant points.

[ccjjl82]

Thanks Basa, yes I have sent them a letter stating that. But I have just checked online and it still hasnt been delivered! I sent it 2 weeks ago! Royal Mail for you. I will chase that up, and probally send it again. Either way I aint paying them a penny!

[ccjjl82]

Royal Mail have 'lost' my letter What do I pay the postage for? So I have printed another one to send off.
Meanwhile I recieved a letter off Shop Direct yesterday just saying that they have already told me I cant have my premiums back (we'll see) and enclosed a copy of the terms and conditions of the CURRENT insurance they have as they no longer have copies of the original one that I asked for that was wrongfully 'applied' to my account.
They have answered my question of who regulated them back in 2001 and its the Finance and Leasing Organisation. Does anyone know anything about them, and if this info can work to my advantage?
And again they have stated they recieved my request for a CCA, on a letter dated 13th may, 20 DAYS after they should have had it to me ah well!
Thought I would have had a bombardment of phone calls off them as I havent paid them a penny for 2 months!