PT2537's CCA request against Littlewoods

[pt2537]

Hi Everyone,

 

i sent littlewoods a CCA request on the 10th may via recorded delivery and it was delivered on the 11th may. however i have not had a reply and was wondering if anyone had any suggestions on what letter to send them now they are in default or what should i do next?

 

any advice would be great

 

regards

 

paul

[yaffsimone1]

I wouldnt do anything, i CCA'd Littlewoods and i recevied a blank copy of a credit agreement that i would of got if they actually sent me one to sign in the first place. Im just going to sit back and give them enough rope to hang themselves with, chances are im never going to hear from them again because they dont have an agreement.

 

I have sent a letter off to OFT highlighting Littlewoods non compliance. Im pursuing charges so i will issue a summons in the next couple of days and if they wish to go to court then i will make sure the judge knows about thier lack of signed agreement.

 

You have made them aware of thier obligations i dont feel there is any need for you to keep reminding them. The next letter should be when they have commited a criminal offence and that should be to OFT

[pt2537]

Hi yaffsimone1

 

thanks

 

i will sit back and wait till littlewoods contact me, unless of course they enter any thing on my credit file then i may have to rethink my situation

 

thanks again

 

regards

paul

[yaffsimone1]

This may help read Laiste's last post on http://www.consumeractiongroup.co.uk/forum/general-debt/74875-county-court-procedings-egg.html

 

It will help with the question you have just asked:) She is fantastic.

 

If after the 12+30 days have passed and you have reported them to OFT check your credit file because you will no doubt have info placed on there by Littlewoods. Which clearly would have been incorrect has you didnt sign an agreement to say they could process your information.

 

I am currently going through that process with Marshall Ward, they have written off the debt due to no agreement but they seem to be ignoring me with regards to removing all the info they have placed with the CRA's

[lookinforinfo]

Pt, they have twelve working days to supply the documentation [ie no

weekends or Bank Holidays to be included]. Thus they will not be in default

until Tuesday or Wednesday.

 

Once they are in default they cannot pursue you for the debt nor instigate

legal proceedings.

If they still have not produced within a further month then they commit an offence and the debt becomes unenforceable until they can locate the

executed agreement.

Littlewoods are well aware of the Law relating to a CCA request, so there

is no need to advise them and the longer they take to find the document

the better it is for you.

 

If they do get to the offence stage then you can either report them to Trading Standards or use the threat of reporting them to get any defaults

and any other derogatory data removed as well as perhaps your debt

squashed, even if they subsequently find the paperwork.

As they face a possible criminal record and a fine of up to £2500, they may

prefer to agree to your deal.

[pt2537]

well, based upon the info i have been given, littlewoods are now in a default situation. however, this morning i recieved a envelope with littlewoods plastered over the front. when i opened it i didnt find a credit agreement i found a bill saying due to late payment they have added late payment charges and if i dont pay by11 june then i will incurr more charges ( i dont think so)

 

just one thing that worries me, i sent my CCA to the Kerrrshaw avenue address in liverpool. is this the correct address? its just that i note the address on the bill has changed to to an address in netherton, liverpool any advice would be great

 

thanks paul

[lookinforinfo]

Don't worry about the address part. If the place you sent it was not right

one, the letter would not have been accepted. And if the office you sent it to is sitting on it-so what? They have still broken the law. So they cannot

add charges etc to your account.

Now might be a good time to give them a reality check.

Send a letter to them first pointing out that they have committed an offence.

Then tell them that they have committed a further offence by adding charges

to your account.

To avoid you going to Trading Standards and the OFT, you want the charges

removed straight away. And also if there are defaults or derogatory marks

on your credit file, you want them removed.

Just leave it at that for just now.

[pt2537]

Hi lookinforinfo

 

thanks for your reply, i will send them a letter just to bring them back down to earth with a bump

 

i was just a bit worried that i may have sent the origional letter to the wrong address thats all

 

i will update this thread when they reply

 

thanks again for your help

 

regards

paul

[babble]

I'm having problems with Littlewoods too.

I sent a cca request and I've not received anything in return.

However, I received a letter from NDR - strangely enough dated the same day that Littlewoods received the cca request but taking 9 days to get to me - asking for payment and the usual threats that these dca's come out with. I haven't checked up yet but it looks suspiciously like NDR are an inhouse dept. of Littlewoods.

Anyway I ignored that because I sent the request to Littlewoods and it's their responsibility to furnish the requisite information.

A few days after the first letter from NDR I got another one which showed charges added onto the account after the cca request had been received.

Now I've just received another letter from NDR dated 24th May (the day the cca request hit default) really strongly worded nasty stuff. Threatening all sorts of things.

I think it may be best to let them carry on and hang themselves, especially as it won't be that long before they are also in breach. I know that they don't have an agreement and I think they're trying to scare me. However all they are doing is giving me ammunition for if it has to go to court.

In their latest letter they say that I'll never be able to trade with them again (another piece of evidence to suggest its Littlewoods in sheeps clothing). They'll serve a default notice - if they are indeed a separate company this would be illegal. Additionally while Littlewoods are in receipt of a cca request the account is in dispute and as such they can not give your details to any third party and only the owner of the debt can serve default notices and pass details onto a credit reference agency - although not while in dispute.

They have worded their letter in a way to make me think the debt is with them 'it has been transferred to us' - it can't be transferred it has to be sold by a deed of assignment. All in all the threats they are making, especially if they are indeed Littlewoods in disguise, is misrepresentation which could land the directors in jail - not that I'd laugh at all.

[babble]

Further to my previous post the following details were found on companies house webcheck service:

Name & Registered Office:

NATIONWIDE DEBT RECOVERY LIMITED

FIRST FLOOR, SKYWAYS HOUSE

SPEKE ROAD

SPEKE

LIVERPOOL L70 1AB

Company No. 01778238

 

Status: Active

Date of Incorporation: 15/12/1983

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7487 - Other business activities

Accounting Reference Date: 30/04

Last Accounts Made Up To: 30/04/2006 (DORMANT)

Next Accounts Due: 29/02/2008

Last Return Made Up To: 15/06/2006

Next Return Due: 13/07/2007

Last Members List: 15/06/2006

 

The fact that it is a dormant company means that it is almost certainly part of the Littlewoods Group - if they were an outside dca they would not be dormant because of revenue streams.

 

So if any of you receive rubbish from these pretending to be separate just keep all correspondence ready to hit them with when you need it.

[surprise]

NDR are inhouse for Littlewoods. There are loads of us dealing with them. A trick of NDR is to send Default as soon as anyone requests an agreement, which they won't be able to supply. I have had 3 blank agreements so far, but I am still plodding on with them. Next step complaints to Information Commissioners Office and Trading Standards.

[yaffsimone1]

Yes i had NDR chasing me too, fired off letter saying i was going to report NDR for having accounting transactions even though they are registered as dormant! I have to say the letters stopped.

 

All Littlewoods keep sending me now is the really annoying 'We have some important information about your account, please call us' letters.

 

I have issued a summons for the charges and sent letters to OFT for non compliance

[go for it]

my partner has had letters from them the last being a yellow card stating "attention please contact (and a name given)" and giving NDR's phone number .the first letter they sent ask for us to ring them up and give our phone number (of cause we havent told them ) the thing is being part of littlewoods they have our number anyway

[pt2537]

Hi everyone,

 

thanks for replying

 

im sending littlewoods a letter to point out that they are now in default and have failed in their obligations under the CCA. i am also going to demand the late payment mark they have placed yesterday on my credit file removed and also i want the late payment fee removed

 

i will post on here when (and if) i get a reply

 

 

regards

paul

[pinkerton_angel]

Hi all,

similar for me too - sent a CCA request to Littlewoods on 17th May, nothing received yet, they have until later this week for their first 12 days -although they've cashed my cheque. And yes, funnily enough I had 2 letters from NDR dated 21st May, one was a statement with a £12 admin charge on it, the other was a 'Notification of instruction to proceed'

What should I do now? issue a copy of the CCA request to NDR. And the charges you are claiming from them, are these the late fees/overlimit fees as with the banks?? are there any limits on these?

Annoyingly I also have an account with abound, which is completely up to date but when i ordered something recently they said they couldn't honour it as my littlewoods account was over the limit - can they do this???!

pinky

[pt2537]

Hi pinkerton_angel

 

personally i would write to NDR when the time limit of 12 days expires and tell them that the account is in dispute and more importantly that littlewoods are in default on their obligations under the CCA 1974 and as such they are not entitled to enforce the debt while the default continues . i would also point out that if they persist in chasing you while in default you will notify the OFT who issue their license to issue credit

 

im sure there are other people who can offer some more expert advice than me in this area however that is what i would do in the abscence of any other help

 

 

i hope this helps you out

 

regards

paul

[pinkerton_angel]

Brilliant, thanks Paul!

[pt2537]

well, littlewoods have not replied to my CCA request but they have added 2 latepayment markers to my account, the default time has passed and they are now 20 days into the 30 time limit before they commit an offence under the CCA.

 

i have recieved 2 threatening letters from them saying that i have not paid and tehy have added 15.00 late payment charges to my account and they will inform debt collectiors if i dont pay now

 

 

any ideas on the best way to deal with these foolish people would be appreciated

 

 

regards

paul

[surprise]

sit and wait for 30 days until they have committed a criminal offence then there is a letter in Consumer Credit Act - resources workshop you could send.

[pt2537]

Thanks surprise,

 

i will look for the letter.

 

is there any way i can get the 2 late paymetn markers on my credit file removed as they will stop me getting credit

 

regards

paul

[surprise]

Wait until you write to them after the 30 days are up. Include this in your letter. If they still refuse to remove it. Write to the CRA's enclosing copies of correspondence and tell them they are processing erroneous data, etc and threaten to report them to ICO and TS.

[lookinforinfo]

All companies have to give an undetaking to the CRAs that they have the

permission of their customers before they process their data with CRAs.

As Littlewoods cannot prove they have your permission, they must withdraw

whatever they have supplied to Experian et al.

 

If they don't, write to the CRAs telling them that Littlewoods do not have

your permission to process data because they have failed to comply with

your CCA request, and ask them to remove your data.

[pt2537]

Hi lookinforinfo & Surprise,

 

i will give it a go but i did try that sort of tactic with another debt that was registered as a default on my credit file and the credit reference agency said that they couldnt remove the data as it didnt belong to them.

 

they claimed that they were not allowed to touch the data unless the credit card told them to remove it

 

is there any thing i can do if this happens again

 

regards

 

 

paul

[lookinforinfo]

Paul, I think the CRAs will treat you differently if you explain that Littlewoods do not have your permission to process your data. Asking to remove a default

if the CRA thinks your permission was granted at the time is a slightly

different case.

Here you are not saying that you have cancelled your dealings with a company that at one time did have permission to process your data, but that they company have no proof that you gave permission to

process your data at any time.

[pt2537]

ah ha, i see where you are coming from on this, sorry but it was a case of cant see the wood for the trees!!

 

i will write to experian et al and tell them littlewoods dont and never had my permission to process my data and therefore i would like it removed

i will let you know what they say

 

thanks

 

paul