Thread: Littlewoods PPI

Originally Posted by AppleX0

Hi again,

Ok - so here is where I am currently at...

Sent off a Full SAR on the 16/10/2009 along with a £10.00 postal order. I also sent off a CCA with a £1.00 postal order. Both of these were delivered on the 19/10/2009. I still have the receipts and have checked the Royal Mail Tracker to confirm.

Since then I have heard NOTHING. I believe they have now exceeded their time limit? What is my next port of call?

Any help would be much appreciated.

Thanks!

Littlewoods will have 40 calendar days to provide the data requested under the SAR. So the clock is still ticking on that. However if you sent a valid CCA request under the Consumer Credit Act 1974 sections 77 and 78 see the following links for the full legal statute.

Results within Legislation - Statute Law Database

Section 77.

77. Duty to give information to debtor under fixed-sum credit agreement.
— (1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a)
the total sum paid under the agreement by the debtor;

(b)
the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(c)
the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.


(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.
(3) Subsection (1) does not apply to— (a)
an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)
a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.


(4) If the creditor under an agreement fails to comply with subsection (1)— (a)
he is not entitled, while the default continues, to enforce the agreement; and

(b)
if the default continues for one month he commits an offence.


(5) This section does not apply to a non-commercial agreement.

Section 77a

77A Statements to be provided in relation to fixed-sum credit agreements
(1) The creditor under a regulated agreement for fixed-sum credit— (a)
shall, within the period of one year beginning with the day after the day on which the agreement is made, give the debtor a statement under this section; and

(b)
after the giving of that statement, shall give the debtor further statements under this section at intervals of not more than one year.


(2) Regulations may make provision about the form and content of statements under this section.
(3) The debtor shall have no liability to pay any sum in connection with the preparation or the giving to him of a statement under this section.
(4) The creditor is not required to give the debtor any statement under this section once the following conditions are satisfied— (a)
that there is no sum payable under the agreement by the debtor; and

(b)
that there is no sum which will or may become so payable.


(5) Subsection (6) applies if at a time before the conditions mentioned in subsection (4) are satisfied the creditor fails to give the debtor— (a)
a statement under this section within the period mentioned in subsection (1)(a); or

(b)
such a statement within the period of one year beginning with the day after the day on which such a statement was last given to him.


(6) Where this subsection applies in relation to a failure to give a statement under this section to the debtor— (a)
the creditor shall not be entitled to enforce the agreement during the period of non-compliance;

(b)
the debtor shall have no liability to pay any sum of interest to the extent calculated by reference to the period of non-compliance or to any part of it; and

(c)
the debtor shall have no liability to pay any default sum which (apart from this paragraph)—
(i) would have become payable during the period of non-compliance; or
(ii) would have become payable after the end of that period in connection with a breach of the agreement which occurs during that period (whether or not the breach continues after the end of that period).


(7) In this section ‘the period of non-compliance’ means, in relation to a failure to give a statement under this section to the debtor, the period which— (a)
begins immediately after the end of the period mentioned in paragraph (a) or (as the case may be) paragraph (b) of subsection (5); and

(b)
ends at the end of the day on which the statement is given to the debtor or on which the conditions mentioned in subsection (4) are satisfied, whichever is earlier.


(8) This section does not apply in relation to a non-commercial agreement or to a small agreement.]

Section 78

78. Duty to give information to debtor under running-account credit agreement.
— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a)
the state of the account, and

(b)
the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)
the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.


(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.
(3) Subsection (1) does not apply to— (a)
an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)
a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.


(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents— (a)
showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b)
where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.


[F2 (4A) Regulations may require a statement under subsection (4) to contain also information in the prescribed terms about the consequences of the debtor— (a)
failing to make payments as required by the agreement; or

(b)
only making payments of a prescribed description in prescribed circumstances.]


(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.
(6) If the creditor under an agreement fails to comply with subsection (1)— (a)
he is not entitled, while the default continues, to enforce the agreement; and

(b)
if the default continues for one month he commits an offence.


(7) This section does not apply to a non-commercial agreement, and subsections [F3 (4) to (5)] do not apply to a small agreement.

The timescale for production of the CCA under the requests of sections 77/78 is 14 days if they do not produce the CCA then you can complain to the Information Commissioners Office for their failure to comply with the Act and you can I believe put the account into dispute for them failing to provide a valid CCA as requested. (Better to check this in the legal forums before you take any action)


Read through the CCA 1974 y6u should find a lot more information to help you.

aa

Hello again,

Thanks for all your help so far.

Here is where we are at. The SAR documents all turned up the other day. Quite a lot of reading there, but still no CCA.

The account has been passed on to a debt recovery company called Mercers. They have been sending out letters saying that they are going to persue their legal options etc etc.. I spoke to a person from Mercers asking for the signed CCA and she basically said that because of the way credit cards work that they didn't actually have to provide me one and that by me using the credit card that was me agreeing to their terms and conditions as people can sign up over the phone / internet and don't have a chance to sign things. Is this correct? The woman on the phone said that they only had documents on my account going back to 2003 as this was when Littlewoods was apparently bought out by Barclaycard and that there was no CCA with the account.

What is my next step? Should I deal with Mercers at all? Or should I get on to Littlewoods (Barclays) about the lack of CCA. Can they still affect my credit score? Mercers have said that they will be sending 'Door Collection Officers' round. What should I do about that?

It is all getting a little bit worrying for me now! Just need one of you CAG'ers to put my mind at rest

Below is the copy of the CCA request I sent Littlewoods.

Kind Regards,



--------------

LPF Customer Services
PO BOX 5592
Northampton, NN4 1ZY

Dear Sir/Madam

Re: Account Number xxxx xxxx xxxx xxxx

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you
Yours faithfully,

Originally Posted by AppleX0

Hello again,

Thanks for all your help so far.

Here is where we are at. The SAR documents all turned up the other day. Quite a lot of reading there, but still no CCA.

The account has been passed on to a debt recovery company called Mercers. They have been sending out letters saying that they are going to persue their legal options etc etc.. I spoke to a person from Mercers asking for the signed CCA and she basically said that because of the way credit cards work that they didn't actually have to provide me one (If they are chasing IMO they have to provide you with a valid CCA) and that by me using the credit card that was me agreeing to their terms and conditions as people can sign up over the phone / internet and don't have a chance to sign things. Is this correct? (No they will state anything to try and recover any monies thay can) The woman on the phone said that they only had documents on my account going back to 2003 as this was when Littlewoods was apparently bought out by Barclaycard and that there was no CCA with the account. (No CCA now that is a shame tell them they had better start chasing littlewoods to find one.)

What is my next step? Should I deal with Mercers at all? Or should I get on to Littlewoods (Barclays) about the lack of CCA. Can they still affect my credit score? Mercers have said that they will be sending 'Door Collection Officers' round. What should I do about that? (Without a CCA you can put the account into dispute tell mercers the account is now disputed until such time as Littlewoods or they, produce a CCA.)


It is all getting a little bit worrying for me now! Just need one of you CAG'ers to put my mind at rest

Below is the copy of the CCA request I sent Littlewoods.

Kind Regards,



--------------

LPF Customer Services
PO BOX 5592
Northampton, NN4 1ZY

Dear Sir/Madam

Re: Account Number xxxx xxxx xxxx xxxx

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you
Yours faithfully,

Please check out this forum for futher advice on the fact DCA is chasing and no CCA has been produced.

debt collection Industry

Have you asked for your PPI monies back yet?
if not you can start the ball rolling if PPI was attached to your card and you know what you have been paying in PPI I would ask for it now.