Catalogue debts

[car2403]

Thanks can you tell me how to start my own thread please. have not got a clue

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[pt2537]

HIican any one please tell me what I should do now. I sent Littlewoods a cca request in july then a non compliance letter as no agreement was sent. Then had NDR on my back for the same so sent them cca request also. Nothing. Next one was Phoenix again sent them cca request, got letter back saying that they had requested the required documents from their clients and would be back in touch. Nothing heard from November. Then today i get letter from Debt Managers Scotland. Will I send them cca request or just letter advising that account is in dispute and should not have been passed to them

Hi there

 

Starting your own thread would be a good idea, it will allow people to offer you advice on your own personal situation.

 

Dont bother sending a new CCA request to Debt Managers,

 

give me a shout when you have created your own thread and i will post a letter i used to despatch debt managers with ease;)

 

 

 

regards

paul

[kacisnanna]

Hi Paul have started my own thread titled Littlewoods debt. Can you let me have that letter. cheers

[Hopeful1]

Here's the link for Kacisnanna's thread:

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/131297-littlewoods-debt.html

[wildheart83]

Hi everyone.

 

Got another letter at the weekend from Moorcroft going on about intended litigation. I've filed it away with the rest of the letters from G/Universal, NDR and Moorcroft. I'm tempted to send the same letter again just to reiterate my point but they know fine well what their obligations are with this account.

 

Thanks again for your advice and support

[Hopeful1]

Hi everyone.

 

Got another letter at the weekend from Moorcroft going on about intended litigation. I've filed it away with the rest of the letters from G/Universal, NDR and Moorcroft. I'm tempted to send the same letter again just to reiterate my point but they know fine well what their obligations are with this account.

 

Thanks again for your advice and support

 

 

I think their photocopier must be heaving under the strain of printing so many "intended litigation" letter heads - i've had one myself this week

 

You're right about it being down to them to know their obligations, but if writing to them makes you feel better, it won't do any harm.

 

[wildheart83]

I've sent a copy of the last letter I sent to them but as yet I haven't had a reply. It's reassuring to know that I'm definitely not the only one dealing with this!

[wildheart83]

Hi all just a quick update, since i've now got another company taking this account on: Midas Legal Services (but i suspect they're connected with Moorcroft somehow)

 

Got a litigation warning from them today:

 

"We have been advised that you have failed to reach a repayment agreement with Moorcroft Debt Recovery Ltd concerning the abouve account and have been asked to prepare a file prior to the commencement of any legal action.

 

To prevent further action you much contact Moorcroft Debt Recovery Ltd at the following address.....

 

Failure to contact Moorcroft Debt Recovery Ltd by the 12/03/08 may result in the issue of legal proceedings without further notice.

 

Please note that as we have had to resort to sending this letter and as per the terms and conditions of your agreement we have added £12 to the above balance."

 

How nice of them to ignore my 2 previous letters but to insist on sending this £12 letter!

 

At the moment I'm just filing everything i get from these morons but should I really be looking at taking further action now?

[scousepie]

Its seems to be common for these morons to pass the debt around, it may be to do with pilling on the pressure, or its a cop out on the CCA you served on them, all companies do it.

 

My wife had a letter from Grattans solicitors for a £100 as this was made up of charges, I sent them a CCA and I have not heared back from them, I wander why? strange that.

 

Dont let these capitalist get you down, Pete is a good bloke and will always help you out....sorry pete.

[Hopeful1]

Hi all just a quick update, since i've now got another company taking this account on: Midas Legal Services (but i suspect they're connected with Moorcroft somehow)

 

Got a litigation warning from them today:

 

"We have been advised that you have failed to reach a repayment agreement with Moorcroft Debt Recovery Ltd concerning the abouve account and have been asked to prepare a file prior to the commencement of any legal action.

 

To prevent further action you much contact Moorcroft Debt Recovery Ltd at the following address.....

 

Failure to contact Moorcroft Debt Recovery Ltd by the 12/03/08 may result in the issue of legal proceedings without further notice.

 

Please note that as we have had to resort to sending this letter and as per the terms and conditions of your agreement we have added £12 to the above balance."

 

How nice of them to ignore my 2 previous letters but to insist on sending this £12 letter!

 

At the moment I'm just filing everything i get from these morons but should I really be looking at taking further action now?

 

I would file a complaint with Trading Standards (re noncompliance with agreement request but still demanding payment) and then let these companies know that is what you are doing. I always inform them i am forwarding all correspondence received, to TS to add to my complaint.

 

[The GodMother]

well hopeful1 thats a good idea.

 

Do you actually set up a complaint with TS regarding every company or is it just something u say?

 

Also how do u get a TS to actualy take your case as mine just seem to want to pass it to nation debt line even when accounts are not in debt

[Hopeful1]

I would file a complaint with Trading Standards (re noncompliance with agreement request but still demanding payment) and then let these companies know that is what you are doing. I always inform them i am forwarding all correspondence received, to TS to add to my complaint.

 

 

well hopeful1 thats a good idea.

 

Do you actually set up a complaint with TS regarding every company or is it just something u say?

 

Also how do u get a TS to actualy take your case as mine just seem to want to pass it to nation debt line even when accounts are not in debt

 

It depends on the situation:

 

I have been battling with Empire over charges for a while and had compiled a complaint to send to TS. I didn't get as far as posting it when a DCA appeared on the scene. I wrote re no CCA, put in the blurb i that i put in the above post and next thing i received a letter from Empire finally confirming the debt is unenforceable.

 

Last year i sent a complaint re BCW/Abbey - no CCA. I included quotes from the OFT guidelines backed up with my reasons for believing they were breaking them. Bar 1 letter, I've heard nothing since from BCW.

 

They've not been so helpful with my Weightmans / HFC court summons but i've been advised to appeal.

 

[wildheart83]

Thanks, so far i've refrained from taking my complaint with Shop Direct (I have 3 accounts with the company for different catalogues all at different stages) but i think it's time i took it to TS to at least get the ball rolling. I sent my CCA and SAR at the same time and they have complied within the 40 day limit for the SAR with respect of getting my statements but i've had nothing regarding the CCA request yet and the request was sent on the 5th December.

 

Thanks again for all your help and support

[scousepie]

I have yet to send my complaint to T&S, We must all bombard T&S with complaints and they may do something about it, or are they toothless like all the other bodies that we hear of?

[The GodMother]

toothless

[wildheart83]

I'm not overly concerned about whether TS actually take action or not, but i think as long as i'm seen to be taking further action it might just be enough to put the lowlife DCAs in their place. or maybe not!

[The GodMother]

Yes your TS may not be help full but they wont know that. The fact that u are saying you are doing that and the TS may be compling a file together against the compnay is nothing to do with u.

 

Just see if it puts them into gear.

 

Chrissi

[wildheart83]

I didn't get round to reply to Midas but have since had another letter from Moorcroft stating that since I ignored the last letter they're sending me another threat-o-gram and charging me £12 for the pleasure. I'm compiling my case to take to TS. I doubt they'll be able to do much but it adds some weight to my complaint in that, almost 4 months later i'm still waiting for my CCA from any of the 3 Littlewoods catalogues i've contacted.

[wildheart83]

I've just had a letter from NDR regarding my Great Universal account saying they are treating me as an Evasive Debtor and have added a Gone Away Registration Fee of £20 tomy account. I like the last sentence on their letter:

 

"This registration fee will be deferred and £20 will be credited to your account if you provide NDR with a contact telephone number and a payment"

 

I was thinking about sending them the usual CCA letter but i'm thinking that they know exactly what's going on since they're part of littlewoods/great universal...any suggestions?

[Hopeful1]

I've just had a letter from NDR regarding my Great Universal account saying they are treating me as an Evasive Debtor and have added a Gone Away Registration Fee of £20 tomy account. I like the last sentence on their letter:

 

"This registration fee will be deferred and £20 will be credited to your account if you provide NDR with a contact telephone number and a payment"

 

I was thinking about sending them the usual CCA letter but i'm thinking that they know exactly what's going on since they're part of littlewoods/great universal...any suggestions?

 

 

This link will take you to a useful letter if the debt is being passed around whilst the account is in dispute. There's a couple of letters in fact that may come in useful on the same thread

[wildheart83]

That's fantastic, thanks so much hopeful1

 

wildheart x

[wildheart83]

It's been a while and my accounts have been passed to numerous DCAs over the past few months. I made a formal complaint to Shop Direct to get them to hopefully supply me with my credit agreements, or to admit that they don't have anything and i received this letter (x3 for each account I have):

 

"We refer to a recent request for a copy of your agreement.

 

Unfortunately we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place.

 

According to our records the account was opened on XX/XX/XXXX. You agreed to make payments every 28 days.

 

The outstanding balance is currently £xxx.xx. Our records show that £xxx.xx in payments have been made within the last 12 months.

 

If a third party is acting for you, please pass a copy of this letter to you representative. "

 

Enclosed is a completely blank agreement - no signatures, names or personal details.

 

Where do i go now, since they have admitted that they don't have an agreement but are still passing the accounts to different DCAs?

 

One account was opened after December 2004 but the other two were opened before this.

[car2403]

Send them this;

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an application form and your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues

 

Yours faithfully

 

Are you still paying them? Might be time to stop?

[The GodMother]

the 2004 rules only apply to opened on line accounts.

 

just because they have sent you a blank agreement they have also put in writing they dont have ur CCA.

 

Now my advise to you is this.

 

1. Copy all letters.

2 who ever is chasing the debt write a letter like this

 

Dear Sir or Madam.

Re acc number XXXXXXXx

I ahve today recieved a response to my Consumer Credit Agreement Request under the Consumer Credit Act of 1974 from Shop Direct Finiancal Services on Behalf of Catalogue. Copy enclosed for your referance.

As you can see from the letter they have admitted they have no creidt agreement and as a result they can not verify that i actually owe the alleged debt that you are currently chasing.

As a result of this admission i am not going to be paying you until can prove i owe them the money this proof can only be via a true copy of my consumer credit agreement under the consumer credit act of 1974.

I also request that you close your file and return it to .

I trust this clarifys my position and if you have any further questions please feel free to contact me IN WRITING at the above address if you feel i cant help you then i would advise you contact placing the account on hold whilest you find the info out.

yours

Heres a template letter some of it is what i have sent Moorcroft re a littlewoods account.

[wildheart83]

Thanks, i'll send these letters off to Littlewoods and the relevant DCAs who are chasing the accounts.

 

I haven't paid anyone since the deadline for supplying the agreement was up in december 2007.