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Lowell/Carter claimform - old Littlewoods cat Debt ..**Settled by Consent Order** missed payments - now AOE -


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Hi all

 

I have debts with Littlewoods, Next and hubby has one with Very

(along with other debts such as credit cards and a store card but these are the 'catalogue' debts).

 

We are struggling to pay any of our debt and need to make some payment arrangements.

 

I have noted that there is a CCA request which is often used by people to see if the debt is enforceable,

 

I am not sure when these ONLINE accounts were set up but believe it was 2007/08.

 

Can anyone advise if we are able to take any steps in regards to CCA...

Also, would you advise to CCA them anyway and see what happens?......

 

In either instance can we claim back all the late payment fees etc from these debts?...

 

.I understand I would need to SAR them but after that not sure how to actually request the fees back so a little advice would be lovely please.

 

Thanks guys :)

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Hi,

 

All the charges are re-claimable, once you get your SAR details back re post her and we will help you with a claim.

 

Regards,

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 1 month later...

Hi all,

 

some of you may know that Ive been having trouble paying my debts and wasnt sure how to proceed....

 

I took the path of waiting for creditors to default me so that the 6 year s on my credit file would drop off quicker than an arrangement to pay.

 

I have not mad any payments to anyone except WONGA who I have paid 2 payments of £5 per month.

 

I have recieved a few letter stating my account is in arrears but

 

today I have recieved a letter from a DCA called NDR entitled

 

'notice of instruction to proceed'

 

which includes the words

 

'WE GIVE NOTICE THAT UNLESS THE ACCOUNT IS PAID

- OR A SATISFACTORY REPAYMENT ARRANGEMENT IS MADE WITHIN 7 DAYS,

OUR CLIENT WILL TAKE THE FOLLOWING ACTION:

 

* register a default at the credit reference bureau which will remain on your credit file for 6 years and may affect your ability to gain further credit in the future.

 

 

Can anyone explain what this means for me, what you might suggest my next steps may be and is this a NOTICE OF DEFAULT?

Thanks alot guys :)

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std bowlarks designed to make you contact them.

 

only lttlewoods can send you the default notice

 

dx

  • Confused 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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NO it's not a proper default notice imo it's a threat as it does not state in particular the specific amount to remedy the default and no specicic dates are shown.

 

If this is the 1st contact from NDR send them a CCA request.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks alot guys, as I suspected. Yes its the first contact from NDR....so you say send the CCA request to NDR and not Littlewoods then?

Thanks again :)

 

Yes to NDR

  • Confused 1

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks alot Brigadier :)

 

Think the account was opened online after 2007 so I suspect requesting a CCA doesnt make much difference to me as they probably have something somewhere to clarify the agreement, but we will see....

 

However, if I was to send an SAR what can I reclaim?...late payment fees etc?

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yes

& PPI

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Hi lovely people

I recently sent a CCA request to NDR for a Littlewoods Account. I recieved a letter back like this :

 

We refer to your request for a copy of your credit agreement.

In accordance with the Consumer Credit Act 1974, please find encosed the following documents:

1. A reconstituted copy of your credit agreement sent to you at the time of opening your account;

and

2. A copy of your current credit agreement, which includes all applicable contractual variations and amendments that have taken place since your account was opened.

 

According to our records your account was opened on 25.06.2008. The current outstanding balance on your account is XXXXXX. Our records show an amount of XXXX has become payable but remains unpaid.

 

Enclosed is a sheet entitled Credit Agreeent regulated by the Consumer Credit ACt 1974 and underneath is my name and address. It then shows Key Financial Information, then two boxes where in one I presume there should be a signature and date as it says and in the other it says DOB, TEL, ACC NO. There is nothing written on the dotted lines at all, no signature or details etc.

 

And the rest is a bit about sharing information, are you having difficulty etc tec.

In the meantime I have moved house meaning I havnt made it a priority to chase this query up and have just recieved a letter dated 30th April 2013 (neighbour asked for my post from old address) with a notice of default, giving me until the 13th May to respond.

 

What Id like to know is:

Is the reconstituted CCA they sent me a valid copy of the agreement?

If it isnt valid was I supposed to query this before they managed to issue a Notice of Default?

What would you advise my next steps be?

 

Just to clarify, Im not concerned about being defaulted...Id prefer this to a status of 'Arrangement to Pay' on my file due to the 6 year drop off.

 

 

(Oh, and Ive updated my address with Littlewoods regarding this account)

 

Thanks all for your continued help with this :)

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 I could do with a little advice as I think I may only have a couple of days should I need to respond to NDR/Littlewoods regarding this Default Notice and my CCA request (which Im not sure if they have sufficiently fulfilled.)

 

Thanks :)

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you need to scan up your agreement so's we can see it.

 

did you get those sar's off too?

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Right..

 

.have to get kids tea out of oven first before I burn my new home down and end up in more trouble!!

 

Will take it step by step as soon as I am sorted (when kids fed and little ones tucked up in bed)

and try my best to follow your instructions on uploading that agreement...

 

.which are very kind thank you x

Back asap.....

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that could be anything by anyone

 

its NOT a valid CCA by far.

 

whers the rest of it?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Page 2 is the 'Further Terms and conditions' it has no spaces for names, dates, signatures, merely a general breakdown of the terms and conditions.

If you really need it I will put it up? But it has no personal info on it whatsoever.

Cheers :)

 

Would you like me to attach the 2nd page? If not what would you suggest my next move is?.....the time is up for providing a copy of the original so should I send some other letter now?

 

Also just to say again (as I know how long threads can be to read through especially when I keep updating them) this account was opened 2008 and online. Incase this will make a difference to my situation/and next steps to take.

Thank you :)

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Hi just a little bump to see if anyone read my last post about this debt being 'post 2007' and an online agreement?

 

Right,

have drawn up the SAR letter and hubby is sending it off recorded delivery as advised.

 

What Im slightly concerned about though is the possibilty of them and other creditors starting up court judgement proceedings in the meantime...

..can they do this without the original CCA?

Would I have to contest it before they issued proceedings...

...or is there plenty of time for me to see if the debt is enforceable with the help of you lovely people?...

 

.I dont want to ignore my debt but if it is unenforceable then I would definitely prefer to take advantage of that rather than paying a few quid here and there forever.

 

I apologise for keep asking questions its just that the thought of court proceedings scares me to be honest.

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I wouldn't worry too much about court for now

 

that's a VERY long way off

 

and typically the OC or their in house lot

 

don't do court on cat debts

 

they'll sell it on.

 

await that SAR.

 

stay OFF the phone

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Ah thanks for that, makes me feel less panicked. I dont do phonecalls AT ALL, cant be bothered and only answer if I know exactly who it is anyway and theyd be sharply cut off if not.

Ok so Ill await that SAR and update as and when, thanks again all of you :)

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Oh for goodness sake Im getting myself in a right pickle here....

 

Im mixing my debts up and getting confused which one has done what etc..

 

...I havnt actually SAR'd Littlewoods..

..only CCA''d them,

 

its actually CAPITALONE Ive SAR'd (another thread altogether).

 

Ok,

 

I have the recon copy and you have said its not a valid one..

..what should I do now then?

 

Sorry you lot, its so easy to get muddled when trying to wade through all this mess :(

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get a sar off

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Send the account in dispute letter for the CCA request.

 

It has to be remembered there is the possibility that the creditor/DCA may produce a compliant 'reconstituted'' agreement and evidence of usage of a credit facility which could lead a judge to conclude that liability subsist, the lack of the CCA does not extinguish the debt which remains payable.

The SAR is important!!

As to creditors/DCAs starting court action I think you are a long way from seeing this at present, there is a long process before anything gets to 'judgement' stage.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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