MW vs Littlewoods (DCA)

[MissWorried]

Right, where to start

I have posted threads in another forum, but thought it'd be easier to post them here, and list the debts individually - hopefully make more sense.

 

Littlewoods is first! People on here have mentioned that I need to send a CCA, I have got the template here :

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

Anyway, I am going to send this, but the debt is no longer with Littlewoods, in fact to be honest I'm not sure where it came from, because I don't remember having a littlewoods account with a balance of almost £4000! I have had a letter from capQuest regarding this, it mentions a "littlewoods debaulked account" - what is one of these?

It says "This correspondance is to inform you that your Littlewoods Debaulked account, ref ******, together with others, has been sold to Capquest Investments etc etc...

It is our aim to ensure that a suitable payment plan is agreed and maintained. Our team of negotiators are here to assist you in finding a plan that will clear your debt, without the need for legal action.

If a satisfactory payment plan is not established or you fail to comply, we will not hesitate to utilise the legal system to it's full extent.

If you do not make contact by the 25 sep 07, your account will be passed to our solicitors. (I have heard nothing yet, and haven't contacted them)

So...rather than ignoring it further and hoping it will go away, which it obviously won't, is my first step a CCA and can I send this to the DCA as my account isn't with Littlewoods anymore?

All help greatly appreciated, as I haven't got a clue what to do first unfortunately.

x

[powelll]

If you don't remember the debt don't ackowledge it. Use the letter below instead - if they are saying you owe this money they have to prove it. Under OFT debt collection guidelines they should not be pursuing you for a debt that is in dispute. Send the letter recorded delivery & keep a copy. Don't speak to them on the phone or give your number.

 

If it's an old debt you have forgotten about and you haven't made any payment or acknowledged the debt in writing in the last 6 yrs ( and there is no CCJ ) then the limitations act will apply anyway and the debt will be statute barred meaning it's unenforceable. Once again, under OFT guidelines you can't be pursued for this and you can't be taken to court either. Useful link on limitation below but I would sent the deny all knowledge letter first as it may be a mistake

 

http://www.nationaldebtline.co.uk/england_wales/temp/6201_24661.pdf

 

National Debtline England & Wales | Debt Advice | Factsheet 25 Liability For Debts And The Limitation Act

[powelll]

Oh, and forgot to mention - debt collectors are not bailiffs with no legal powers so eg no right to enter property 7 take goods. In other words try not to worry!

[MissWorried]

Thanks Powell. Unfortunately I can't open that link you posted

Just because I can't remember it, does that mean it's in dispute?

In all honesty, it probably is an old debt, but it wouldn't be older than 6 years anyhow.

I have a vague recollection of a few years back, when I lived elsewhere. I got my credit report then, and it was showing a debt of around this much, but the collector was Peter James or something, it wasn't capquest, and I've moved twice since then, and never thought to follow it up at the time - I know, silly.

So...should I send the letter from nationdeltline, or the CCA? I don't want to make things worse for myself.

 

I admit I have made mistakes in the past, but I am trying to sort myself out financially, and don't need DCA running after me constantly.

[powelll]

But the fact is you don't remember having a debt to this company - as you so so much has been going on. In theory I could write to you and say you owe me £4k! You would still expect me to prove this and this isn't any different. Here's the letter in full; see what you think:

 

Dear Sir/Madam

Account No: 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by

ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to

send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for

payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried

or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing

to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence

as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to

make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully

[MissWorried]

Good point! Okay I will send them that letter first and see what they come back with. What could they say in reponse? Will they then have to produce the credit agreement, or will they refer it back to Littlewoods? Would I still need to send a CCA to them, or does this letter stop the need for that process? Sorry for the questions, am quite confused.

[powelll]

If you were CCA ing them then essentially you are asking for the copy agreement & breakdown of your account under CCA regs. They have 12 working days to reply and cannot pursue you if they cannot produce the CCA info. If a further 30 days passes after the 12 working days then they commit a criminal offence.

 

The only reason I was suggesting using the above letter 1st was that you seemed very vague as to whether you owed anything. But it is honestly up to you - you could even send this letter, see what you get back then CCA them - as they can't pursue you when there's a dispute this will waste far more of their time as well. But you could CCA them now - it's not an exact science but if you do send the CCA letter be sure to use one that saus clearly at the top you are not acknowledging any alleged debt ( I think all of the ones in the template section have this anyway ).

 

See what happens and keep us updated

[MissWorried]

Thanks Powell . I am vague as to whether I owe this littlewoods debt, I just can't remember it. I have got two other catalogues which I owe, but I'll start another thread for those!

 

I have written the letter re: not acknowledging debt -so will send this recorded first thing 2moro (although now there is a postal strike it might get there in a week), and see what they come up with, then if they are adamant, will CCA them and see what happens.

 

My problem is I don't know the legal system, so don't know what I can and can't say, also don't know how to respond to any letters I may receive. if i post any reponses on here, can i get help in writing replies?

 

Thanks again.x

[tiglet]

Don't worry, MissWorried - have a look here: Catalogues/mail order

 

Hope it helps.

[Hopeful1]

Hello again , Miss Worried. Do keep posting your progress ie the responses that you get and any queries you have. People will help with replies if you're not sure. You are in a very supportive environment.

 

It's also a good idea to keep reading around the different threads. You can't beat learning from the experiences of others. It will surprise you how many situations you come across that are similiar to your own.

 

Good luck

[MissWorried]

Thanks everybody for your help so far. All I have done at the moment is send off a letter to them saying "I do not acknowledge this debt". I posted that over a week ago and as yet I haven't heard anything back. This is probably due to the postal strikes though and not them giving up! I will post any replies I receive on here, and also start threads for my other issues later on today

 

I hope you will all help me, as I haven't got a clue, and when they reply with letters full of jargon, it goes straight over my head

K.xx

[powelll]

There are lots of people on here to help - keep us posted