i sent these guys a cca request in december, for which there has been no agreement sent, only letters every 6-8 weeks telling me they thank me for my patience and they will write again soon.
i am getting statements of the account monthly, saying that mercers DCA are in charge of the account, ppl who i have never had any correspondance from. i know they have now commited an offence, and my question is, what should i send them now? can i ask that they stop communicating with me and remove my details from their systems?
There's a letter in Consumer Credit Act-Resources Workshop by JonCris that is a good one to send.
Have you got an address for them, I have just sent a CCA to Netherton, Bootle, wasn't sure if this was the right address though.
Have you read any of the other Littlewoods threads? You could use the search button above. From what i've gathered it isn't uncommon for them to ignore CCA requests, 'cause basically they haven't got an agreement!! I'm sure you'll find loads of useful letter templates there and address details.
If the debt is passed to a different DCA send them a CCA too. That means they'll also learn they can't harrass you if L'woods haven't got an agreement.
Littlewoods credit card have now sent me a final demand saying they are planning on passing the account on as i have ignored the default notice sent. They have not sent me a credit agreement yet and it was sent Dec, to which they have aknowledged saying we are looking into it and will get back to you. i know they have commited an offence and im sure after all these months they must not have an agreement, so could you advise me on what letter i should be sending next? and can i demand the default be removed?
Are there any unlawful charges on the card?, if so, you could send them the S10 letter in librarytemplates. I have sent a CCA to them and they have now run out of time, however, today, out of the blue, I have received a letter saying if I pay £59 arrears they will pay £15.00 off the account. I am not sure what their game is.
Send them this letter. Amend it to suit your own dates and needs. This is in the Consumer Credit Agreement-Resource Workshop. I am awaiting for them to commit an offence then I will be doing the same.
I wrote to you by recorded delivery on 'DATE' asking for a copy of the agreement together with the relevant information under S77-79 of the Consumer Credit Act 1974, enclosing the fee payable. This letter was delivered and signed for on 'DATE' according to the Royal Mail.
The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further calendar month, your company commits an offence. These time limits have now expired I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information.
As you are no doubt aware that if the creditor under an agreement fails to comply with the above request
(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.
AS such this account has became unenforceable at law. Consequently I do not acknowledge any debt to your company, and no further payments will be made in respect of the above number.
As an offence of this nature may have an impact on your ability to hold a credit licence, it is important that you give this letter your immediate and prompt attention.
What I require.
1. Pursuant to the Data Protection Act 1998 I require you with immediate effect to ensure that all data held by you regarding the alleged agreement or any reference to it, is removed from any and all Credit Reference Agency database.
2. Ensure that all data held by you regarding me is destroyed.
3. Refund all monies paid to you by me.
4. Ensure that all correspondence is made in writing.
Failure to comply
Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.
Failure to comply with the requirements of the Consumer Credit Act will cause me to refer the matter to the Office of Fair Trading, and Trading Standards.
Continued telephone contact will generate a complaint to the police.
Failure to repay the paid sums shall cause me to report you to the OFT, Trading Standards and the Financial Services Authority.
I await your prompt response and in any case within the next 12 days.