Yes, you can do it anytime. If they don't have a cca then you will dispute the debt. Post back here when they have replied to your cca request with what they say

I have replied to your PM but No they are not supposed to continue processing data without permission. Maybe you could try a section 10 notice.

The CCA does not apply to bank charges only loans, credit cards, mail order catalogues etc. Anything with a credit agreement. I would ask them for a copy of your CCA. Send the letter below with a £1 postal order. Don't sign it. Your Address Date Dear Sir/Madam Re:− Account/Reference Number 4563210025897412 This letter is a formal request pursuant to s.78(1) 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.78(6) will apply. (DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY) 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 print your name

When did you open the account roughly? It maybe that your best move if possible would be to cca them but would need to know the year in which you started an account with littlwoods.

Strangely enough I was contacted by lewis this week over a stat barred debt from 1999. I soon dealt with them

If NDR have not responded to your littlewoods cca then I would put a account in dispute letter into them. That will reduce it by 40 quid a month straight away. Second don't phone them, thats how they got you to pay 120 a month in the first place. The other two accounts I would write and tell them that you dispute the littlewoods account because of no cca and 40 each is to much and you will pay (whatever you can comfortably afford) for those two remaining. The only problem you might have is that they might use that money for the littlewoods account. If you have BT as your phone company, I use BT choose to refuse. You can block numbers ever calling again. Its 3.95 a month and can be ordered from bt.com. It is really good and saves loads of hassle from phone calls and its a monthy thing so you can have it for 2 months or so and then cancel again online.

The Consumer Credit Act 1974 (Electronic Communications) Order 2004 still requires them to produce the original agreement which should have all the info your wife agreed to at the time. It will have a tick in the box instead of a sig, none the less it still has to be dated and have the prescibed terms. Sending a blank one will not do. For example they can't simply send an agreenment with a blank sig box as it couldnt possibly the original agreement as it has to relate specifically to you. It should contain all the info your wife completed at the time of agreeing. This should normally be a print out of the info entered on the website. On saying that, as it was done online in 2008, it might well be enforced in the court anyway due to the cca 2006

I'm supprised that they didnt realise you were female

thats good news. They have confirmed (like with most people) that they do not hold a copy of your agreement. Keep that safe. Now send the account in dispute letter.

hi bailey, i believe that even if you pay the full amount the payment markers will remain. Monthly payment markers are normally not removed even if you pay the full amount. However I would write to them and clearly state that the contract you had with them was broke by them not collecting and if they do not remove it you will make a complaint to the Information comissioners office. You might have to fight to get them to remove the markers.

hello soco, they simply sent you a template letter, as the account was paid in full the balance correctly shows £0.00. On the point of the default, does the account on the credit file show satisfied? you may want to ask a site team member to move your thread to the credit reference agencies forum to get more help in removing the default.

The Financial Ombudsman Service (FOS) will begin to name and shame firms from September by publishing business-specific complaint data every six months. The ombudsman will publish the data in respect of financial businesses with at least 30 new cases and 30 closed cases during the six-month period. The information will comprise the numbers of new cases and the percentage of closed cases where there has been a change of outcome in favour of the consumer. Theres never been a better time to complain Credit Today online

Hi jaffa, i dont know the answer but if you make a post in the debt collection industry forum there are loads of people that will know

can you post a copy of the agreement they sent you? Also sis they really state a balance of £0.00 ?

Very good news. They have admitted they do not have a signed executed agreement. Keep that letter very safe

A cca (consumer credit agreement) has nothing to do with processing information. Permission to perform a credit check or process data is sort on an application form (tho normally replicated on the cca).

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Anthing you do relating to credit or credit checks (applying for credit or opening a bank account) will be reported to the CRA's who share this info with all DCA's. Therefore if you apply for credit in any form they will find you. The CRA's have tracing products that are used by DCA's daily

I believe your problem is with the seller not the dealer. If you paid using paypal could you not open a dispute using the dispute resolution service? As you live in holland I'm not sure what else you can do as I think you have to be resident in the UK to file a claim (but I could be wrong).

Mward part of sdfs say they cannot locate a copy and will not pursue, but they do.

"The government is planning a crackdown on the credit card industry to curb the temptation to get into debt. Legislation will be introduced to stop card firms from raising the credit limit of a customer when this has not been requested. Ministers also want to ban firms from sending out unsolicited credit card cheques to consumers." I wish they would do they same with catalogues and mail order companies too ! BBC NEWS | Business | Credit card debt crackdown plan

sure, if they are ringing then add it to the letter

I believe the current address is NDR PO Box 55 Liverpool L2 2ST phone number 0870 600 7070.

Hi josh, personally I would send NDR a request for a cca. It costs a quid and you never know. When was the account started roughly and was it online or post/phone etc. Ps its probable that what they claim you owe is made up of penalty charges. Also dont think "ok I rightfully owe it", think "do they have a legal right to collect it".

Hi chris, you only need one letter to littlewoods. You can copy it to NDR and tell them you wont deal with them until littlewoods have explained or dealt with your dispute. Also if you can you need to copy "copy 2" and "copy 4" and include it in your letter to confirm the irregularities. I personally would not include "copy 3" (your agreement) as it gets things messy. I would simply state that you did sign "copy 2" but you didnot sign "copy 4" and as a consequence you "suspect fraud". I wouldnt accuse them of it outright tho as it's a serious allegation. I would also head it "formal complaint" Its only a draft but hows this: FORMAL COMPLAINT Account In Dispute Ref: Dear Sir/Madam Thank you for your letter of xx/xx/xx, the contents of which have been noted and the two agreements received. I would like to bring to your attention my concerns in relation to the two agreements (copies enclosed). On **DATE** I made a formal request for a true copy agreement for the alleged account under consumer credit Act 1974 s78. A copy of which is enclosed for your perusal and ease of reference. By return you sent two seperate agreements. However it is my view that the signatures on the agreements are clearly different. Whilst I agree that the agreement dated 12/01/04 with a total balance of £191.54 was signed by me I contest that the second agreement dated 17/01/04 was signed by me. The signatures are clearly different. Furthermore the agreement dated 12/01/04 for £191.54 was fully paid for within the 99 week term period stated in the agreement. As the signature on the 20 week agreement dated 17/01/04 is clearly different from the 99 week agreement I signed dated 12/01/04 I do not acknowledge the agreement dated 17/01/04 and therefore do not acknowledge any debt to your company. You have failed to provide any evidence that I have signed an agreement to the account as it does not contain my signature. Therefore you have failed to comply with my statutory request under the CCA 1974 s78 AS YOU HAVE SUPPLIED AN AGREEMENT BEARING ANOTHER PERSONS SIGNATURE. As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law. As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. Furthermore you should be aware that a creditor is not permitted to take ANY Action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following applies. * You may not demand any payment on the account, nor am I obliged to offer any payment to you. * You may not add further interest or any charges to the account. * You may not pass the account to a third party. * You may not register any information in respect of the account with any credit reference agency. * You may not issue a default notice related to the account. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter. I look forward to hearing from you in writing. Yours faithfully PRINT NAME (DON'T SIGN)