Thread: Littlewoods Credit Card. Mercers.

I had a credit card from Littlewoods catalogue which I suspect was actually issued by Barclays because this morning I had a default notice from Mercers. The usual stereotype Mercers D.N.

Despite having written on 19 September 2008 to Littlewoods Customer Services, Northampton with a CCA request. I have heard nothing till now.

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Originally Posted by overdone

I had a credit card from Littlewoods catalogue which I suspect was actually issued by Barclays because this morning I had a default notice from Mercers. The usual stereotype Mercers D.N.

Despite having written on 19 September 2008 to Littlewoods Customer Services, Northampton with a CCA request. I have heard nothing till now.

You sent a valid CCA request, they failed to reply. Had it been closer to the expiry date of the request I would have suggested sending a copy of IdaInFife's wonderful 'go away' letter to point out their failings and advising them not to pass the account on. Too late.

This is when you need the 'bemused' letter, to state that you have already CCA'd the company previously dealing with this and they have not yet complied, therefore the account remains in dispute. See http://www.consumeractiongroup.co.uk...ml#post1900426

Despite Mercers aka Calder being part of Barclaycard, they act as though they are a seperate company. As far as I'm aware, they have access to the B/C systems, so should be able to go back to the previous correspondence.

See what that one does to them...?

ACCOUNT IN DISPUTE

Your Reference:
Client reference:


Dear Mercers Debt Collections,

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with Littlewoods Credit Card and has been since 4 October 2008, the deadline to provide me with a valid copy of the original C. C .A for this alleged debt. (Photocopy enclosed)
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

As Littlewoods is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to Littlewoods for resolution of these defaults and breaches, as Mercers cannot lawfully pursue any enforcement activities.

If Mercers chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

Yours faithfully

Overdone

There you go... ;-)

Another crappy template, one size fits, all letter.

22 January 2009

Dear Overdone,

Reference Section 78 of The Consumer Credit Act 1974.

Barclaycard Account No's xxxxxxxx & xxxxxxxxxx

I write further to the letter whereby you note dissatisfaction to the documents you received in relation to a request made under Section 77/78 of the Consumer Credit Act 1974.

Firstly, credit cards are regulated under Section 78. Section 78(1) of the Act states that the creditor shall give the debtor a copy of the executed agreement and a statement of account which is practicable to refer. Regarding a statement of account which is practicable to refer, the letters which we send in response to a Section 78 (1) request includes this information. To cover the issue of executed agreement.

How does the Act define an "executed agreement"?

"Executed agreement" is defined in section 189 of the Act as, "a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement...."

What do the rules say about providing a copy?

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 ("The Regulations") made under the Act deal with how we are to provide a "copy" of an agreement. These Regulations provide that any copy of the agreement supplied to a debtor should be a "True" copy. Regulation 3(2) provides that a copy may omit certain information, which allows you to be provided with a true copy, not a complete copy.

What happens if the original agreement has been varied since it was originally signed?

The regulations also set out what should happen where the agreement has been varied since it was signed. Regulation 7 provides creditors with a choice of including in the copy of the executed agreement either a copy of the latest notice of variation relating to each discrete term which has been varied, or an easily legible statement of the terms varied. Regulation 7 does not state that the copy of the agreement shall include a statement of the original terms as well as a statement of the varied terms. Regulation 7 allows us to provide you with a "True Copy" which sets out the terms and conditions current at the time of provision of the copy.

Conclusions in relation to the document we have to provide.

A "copy" of an agreement will satisfy the requirements even if the signature box and/or the signatures are not included as clarified by regulation 3(2) of the Consumer Credit (Cancellation Notices and copies of Documents) Regulations 1983.

The definition of "executed agreement" refers to a document embodying the terms of the regulated agreement. When this is read with Regulation 7 - for agreements that have been varied - a copy of the original agreement would not embody its terms. A copy of the agreement as varied would embody its terms.

The issue of what is an executed agreement has been interpreted in the High Court. It was held that an executed agreement begins as the credit agreement which is sent to the cardholder when they recieve their credit card: therefore, establishing what is the original executed agreement. When the agreement has been varied, Regulation 7 mentioned above applies.

To summarise, if the agreement has not been varied, we must send the original executed agreement: this would be the credit agreement which is currently regulated. If the credit agreement has been varied, we must send the current credit agreement as this will contain the terms of the regulated agreement. We have sent you this and the original executed agreement for reference.

I hope this letter has helped with your concerns about the documents you have been supplied with under section 78 of the Consumer Credit Act 1974. As our response fulfils the obligation under section 78 of the consumer Credit Act 1974, you should carry on paying the debt you have accrued on your account. We do not class the account as in dispute, you have been supplied with the relevant documentation under Section 78 of the consumer credit act 1974, and we will carry on with collection services.

Yours sincerely,

Colin Sefton

Littlewoods LPF

22 April 2009

Dear Overdone,
Request for payment.
Your Littlewoods account is now overdue and we need a payment from you. The details of the payment required are shown above. remember you'll be unable to use your card until you've made this payment. Also, you may have to pay other charges if you fail to make your payments.

If you have already spoken to us regarding this matter or you have made a payment for the required amount, please disregard this letter and continue to maintain your account in line with your statements.

Your credit rating
We share information about our customers with credit reference agencies, and if you don't make payments by the due date each month this could affect your credit rating. Please remember to make your payments by the due date shown on your monthly statement to avoid having a negative credit rating.

Need Help.

If you are having trouble making your payments, please call us. We want to help you through any financial difficulties you may be having.

Yours sincerely

Gill Rice
Collections Manager

Originally Posted by overdone

I had a credit card from Littlewoods catalogue which I suspect was actually issued by Barclays because this morning I had a default notice from Mercers. The usual stereotype Mercers D.N.

Despite having written on 19 September 2008 to Littlewoods Customer Services, Northampton with a CCA request. I have heard nothing till now.

Another point, failure to supply a c.c.a means the account was and is in dispute but surely they should not have sent a default notice via mercers, but they did.

Have littlewoods supplied you anything at all since your CCA request back in Oct?

Have you complained to TS, OFT? and have you sent a SAR?

Originally Posted by davey77

Have littlewoods supplied you anything at all since your CCA request back in Oct?

Have you complained to TS, OFT? and have you sent a SAR?

No to all four.

If they haven't even supplied you information you are entitled to under section 78 then it's time to start complaining.

Write to TS and complain.

Make a written complaint to the OFT informing them of the lack of information as well as any infringements the original creditor and DCAs have made in relation to OFT debt collection Guidance:
http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

Send a SAR to the OC (postal order/printed name) along the lines of the one i have sent to Cabot here (although go through it and amend to your own circumstances/history.)
http://www.consumeractiongroup.co.uk...ml#post2135486
They won't comply so after 40 days make a complaint to the ICO.

LPF

25 May 2009

Dear Overdone,

You are behind with the payments on your littlewoods account.

Request for payment.

Your outstanding balance and the amount you need to pay to bring your account up to date are shown above. We've withdrawn your abilty to use your credit card because you have not sent us any payments since our last letter to you. Once we receive your payment, we will review your account status with a view to allowing you to use your card once again.

debt collection.

You must make your payment or we'll instruct Mercers Debt Collections Ltd to send you a default notice in accordance with our rights under section 87 (i) of the consumer credit act. This action may affect your ability to obtain credit in future.

Need Help

If you are having trouble increasing your payments, please call us. We want to help you through any financial difficulties you may be having.

Yours sincerely
Gill Rice

LPF

27 May 2009

Dear Overdone,

Request for payment

Your littlewoods account is now overdue and we need a payment from you. The details of the payment required are shown above. Remember: you'll be unable to use your card until you have made this payment for the required amount, please disregard this letter and continue to maintain your account in line with your statements.

Your credit rating

We share information about our customers with credit reference agencies, and if you don't make payments by the due date each month this could affect your credit rating. Please remember to make your payments by the due date shown on your monthly statement to avoid having a negative credit rating.

Need help

If you are having trouble making payments, please call us. We want to help you through any financial difficulties you may be having.

Yours sincerely
Gill Rice
Collections manager.

Tell them to get knotted in the usual fashion

22 July 2009

Dear Overdone,

Request for payment

Your littlewoods account is now overdue and we need a payment from you. The details of the payment required are shown above. Remember: you will be inable to use your card until you have made this payment. Also, you may have to pay other charges if you fail to make your payments.

If you have already spoken to us regarding this matter or you have made a payment for the required amount, please disregard this letter and continue to maintain your account in line with your statements.

Your credit rating

We share information about our customers with credit reference agencies, if you do not make payments by the due date each month this could affect your credit rating. Please remember to make your payments by the due date shown on your monthly statement to avoid having a negative credit rating.

How to Pay

There are several ways to pay
- Call into any branch of Barclays
- Call us on xxxxxxx to make a debit card payment or to set up a direct debit

Need Help

If you are having trouble making your payments, please call us. We want to help you through any financial difficulties you may be having.

Yours sincerely
Gill Rice

28 July 2009

Littlewoods
PO Box 5592
Northampton
NN4 1ZY

Dear Gill Rice,

Littlewoods *******************

Account in Dispute. Do not ignore this Letter.

In acknowledgement of your letters of 5 January,7 January, 22 January, 22April, 25 May, 27 May, 22 July 2009 and your apparent disregard of the consumer credit act.

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 19 September 2008, I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. Which has since been acknowledged by yourselves in the text of a subsequent letter.You have failed to comply with my request, formerley and in the prescribed manner, and as such the account entered default on 4 October 2008. Over nine months ago.

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 you enter into a default situation.

This limit has well 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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

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.

I notice, unlawfully, Mercers sent a default notice on 7 January 2009 whilst the account was well into dispute and demand this default be removed 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 should not have issued 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 still a formal dispute.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

Well they are now tring to stitch something together.

5 August 2009

Littlewoods services.

Ref Section 78 of the consumer credit act.1974

I write further to your letter requesting a copy of your executed agreement for the above account.

The information we must provide to you under the terms of section 78 is prescribed by the consumer credit act 1974. Under section 78, we must supply you with a copy of your executed agreement and a statement of account which is practicable to refer.

The current credit limit on your account is £
The current balance on your account today is £
The next minimum payment of £10.00 is due on£
Please note, a copy of your current Barclaycard Credit Agreement will be sent under separate cover.

You will be receiving your next statement shortly which will be sent under seperate cover.

You will be receiving your next statement shortly which will provide you with full details of your account.

This completes our obligations to you under section 78 of the consumer credit act 1974.

Yours sincerely
J Berry
Littlewoods Personal Finance

No CCA but some terms and conditions not in force at the time of the alleged debt. i.e £12.00 penalty fees.

5 August 2009

Dear Overdone,

Thank you for contacting us. Enclosed is a copy of your LPF Visa terms and conditions. If you need any extra information or if you've any questions then give us a call on 0845 300 0542

Thank you for choosing our card. We appreciate your custom.
Yours sincerely

Elaine Mockler.

Over nine months now and still no Valid CCA. How do I get through to these people?

you have to give them 10 out of 10 for being idiots

Still no CCA just another letter. Is this De Ja Vue? Post 14.

22 September 2009

Request for payment

Your littlewoods account is now overdue and we need a payment from you. The details of the payment required are shown above. Remember: you will be inable to use your card until you have made this payment. Also, you may have to pay other charges if you fail to make your payments.

If you have already spoken to us regarding this matter or you have made a payment for the required amount, please disregard this letter and continue to maintain your account in line with your statements.

Your credit rating

We share information about our customers with credit reference agencies, if you do not make payments by the due date each month this could affect your credit rating. Please remember to make your payments by the due date shown on your monthly statement to avoid having a negative credit rating.

How to Pay

There are several ways to pay
- Call into any branch of Barclays
- Call us on xxxxxxx to make a debit card payment or to set up a direct debit

Need Help

If you are having trouble making your payments, please call us. We want to help you through any financial difficulties you may be having.

Yours sincerely
Gill Rice