Thread: cca request from littlewoods - unable to locate

Hi,

Can anyone point me in the direction of a cca template letter. I approached Littlewoods for a copy of my cca which they are unable to locate. The account has been passed to Link Financial. As I understand it if they cannot locate my cca then the debt is unenforceable - am I right? And if so is there a letter I can send to make this plain to them?

Thanks

Tink

Send the following letter to Link. As Littlewoods are in default of your request for a CCA they CANNOT pass the account on. If they have stated they have no agreement, then this is unenforceable in court.

ACCOUNT IN DISPUTE

Your Reference:
Client reference:


Dear Sir or Madam,

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***OC*** and has been since ***Date***

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 ***OC*** 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 ***OC*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

If ***DCA***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
Print do not sign your name

Cheers for that info Clemma - just what I needed to hear - will get that letter off in tomorrows post and I would just love to have a phone call chasing me for this debt in the meantime!

Tink