littlewoods cca request and harresment

[microbar]

I thought this was your wife's agreement. If it's been correctly signed it will be enforceable as it contains the prescribed terms. It's not enforceable unless the debtor has signed it.

 

Yes T1 Has my wifes signature

 

But C7 Has not been signed by me

Its just a blank agreement with my name and adress wrote into it in biro

thanks Rory32

[microbar]

I have been paying NDR a token payment of £2 a month.

this done through littlewoods ilness support team as i am disabled.

But I always get a monthly receipt from NDR.

 

I pay my £2 monthly payment on the first of the month witout fail.

But they have been charging me £12 every month.

I then phone littlewoods ilness suport team who credit me the £12 back.

But why should NDR do this every month.

 

I called NDR today for a copy of there complaints procedure

But the girl at NDR said she they did not have a complaints procedure

but I could talk to the manager,

 

I said As a DCA Ndr should have a complaints procedure.

I intend to write to them for this.

 

Can anyone paste a suitable letter and my course of action if they

dont come up with a complaints procedure thanks.

Edited October 22, 2008 by microbar

[microbar]

Bump

[microbar]

I have been paying a token payment every month to littlewoods they agreed to this as my only income is my incapacity benefit,

I pay this through littlewoods ilness support team,

I pay this on the first of every month,

I keep getting a statement From NDR the inhouse DCA for littlewoods,

But on every statement I get charged £12 insuficient minimum payment fee.I then have to phone the ilness support team who credit me the £12 back.But if I dont phone them the £12 stays on.

I have asked them why they put these charges on every month

and they just tell me thats the way it works.

I have complained to them as it causes me distress having to phone them every month.As my health is very poor.

I have asked them for a copy of there complaints procedure,

But they say they do not have one.

What is my next move with these morons I have an agreement with them but they are sending me a default notice every month with the added charges.

[twofoot]

Naughty, naughty LittleDimWits. They are obviouly being pig headed about this as they think you don't know your rights. I'd like to think that they said no complaints procedure in a letter but I think they are not as dim as that. I'd let them know the score by sending a CCA letter with an added paragraph at the start.

'Further to our telephone conversation when you stated that you have no complaints procedure I have taken legal a...........................'

Send with £1 postal order, not a cheque. Don't use your normal signature, just print it. Send it Special delivery. Keep all receipts and letters and keep us informed on this same thread. They have 2 weeks to respond then you can inform them they have not complied and the a/c is in serious dispute. You can legally withold payment till they comply. If it is NDR that are managing this accout, send it to them, otherwise Littlewoods, either will do. Edit to suit. There's no need to type it out, just copy and paste.

 

1 High Street,

Newtown,

Kent

R21 4RH

 

 

June 28, 2006

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

Further to our telephone conversation on ........when you stated that you have no complaints procedure I have taken legal advice and await your response. I still require a copy of your compaints procedure.

 

This letter is also a formal request pursuant to s.77/78 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.77(6) will apply.

 

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.

 

I look forward to hearing from you.

 

Yours faithfully

Mr A N Other

[microbar]

Thanks for your reply twofoot but I have already gone through a cca check with them, I turned out that they have a signed copy with all the relevent terms conditions etc so it would stand up in court.

They have agreed to my token payment and yet they are still charging me

£12 a month would FOS or anyone else be able to help.

thanks.

[ScarletPimpernel]

Thanks for your reply twofoot but I have already gone through a cca check with them, I turned out that they have a signed copy with all the relevent terms conditions etc so it would stand up in court.

 

 

Have they sent you a copy of this signed agreement?

[skegleg]

i waiting months for their complaints preceedure

i eventually got a leaflet with this address on hope it helps

 

complaints management team

park Lane

Liverpool

L72 1LQ

[huggy41]

it would be very nice to see a proper cca from littlewoods as i've never seen one

[microbar]

Have they sent you a copy of this signed agreement?

 

Yes I had it looked at and was told it would stand up in court.

 

whats the point of me paying £2 a month token payment

And then being charged £12 a month

I am just going to stop paying all together.

They can then take me to court.

This is not helping my ilness.

[ScabHunter]

Who looked at the agreement and said it would stand up in court?

 

How much is this alleged debt for, roughly?

Approximately what percentage of this alleged debt is made up of unlawful charges?

Have you been mis-sold any insurance, or are they adding anything else without your consent?

 

There are other forms of dispute than just an invalid CCA.

 

SH

[microbar]

Who looked at the agreement and said it would stand up in court?

 

How much is this alleged debt for, roughly?

Approximately what percentage of this alleged debt is made up of unlawful charges?

Have you been mis-sold any insurance, or are they adding anything else without your consent?

 

There are other forms of dispute than just an invalid CCA.

 

SH

 

 

I have enclosed 2 CCA Documents recieved from littlewoods

The first one T1 is my wifes

The second one C7 is mine

 

Who looked at the agreement and said it would stand up in court? [some one from another consumer forum]

 

How much is this alleged debt for, roughly [£1500]

 

Approximately what percentage of this alleged debt is made up of unlawful charges [£300 at present]

 

 

[url]http://i260.photobucket.com/albums/ii16/microbar123/C71.jpg[/url]

 

[url]http://i260.photobucket.com/albums/ii16/microbar123/C7.jpg[/url]

Edited November 5, 2008 by microbar

[ScabHunter]

Sorry, these are just coming up as moved or deleted.

 

SH

[microbar]

Sorry, these are just coming up as moved or deleted.

 

SH

 

Try these

 

http://i260.photobucket.com/albums/ii16/microbar123/C71.jpg

 

ttp://i260.photobucket.com/albums/ii16/microbar123/C7.jpg

Edited November 5, 2008 by microbar

[huggy41]

where they signed by you

[twofoot]

I'd say that the CCA they sent you is no way enforceable. WHY? First of all I see you've taken out your name and address. Iy seems obvious to me that you haven't taken anything else out. That means they filled in your name to a black agreement. A CCA has to contain certain things which in this case are blank. If I'm right that they just put your name and address in then I'd tell them to start paddling. It is unheard of for LittleDimWits to supply avalid CCA. When was it taken out and do you remember signing it?

[ScabHunter]

As they are behaving so obnoxiously I would challenge them on anything I could.

 

The very worst that can happen is that you could get taken to court and a judgment obtained against you. It is unlikely in your circumstances any judge would award more than £1 a month anyway.

 

Don't worry about them adding bogus charges. There is not one chance in hell that they will ever see the money anyway if the alleged debt is that size and you are on incapacity benefit. Don't keep wasting money phoning them. Let the unlawful charges build up as they just give you even more valid reason to challenge the alleged debt.

 

We need to pick some holes in that CCA, and then work out the unlawful charges. Then write to them telling them the account is in dispute and no further payments will be forthcoming.

 

Make an official complaint about them saying they have no complaints procedure. They HAVE to have this. I don't suppose they put that in a letter, did they?

 

If you can get a nice complaint built up with plenty of factors to consider, then if they don't satisfy it there is every chance it can be passed to the Financial Ombudsman Service.

 

This will cost them £450 if it is investigated. Are they going to risk that chasing an alleged debt that would make them £12 a year if they could get it enforced through the courts? Minus all of their administration expenses?

 

At some stage you can ask them to write off the alleged debt as you are ill and living on incapacity benefit. If they are prepared to do this, you will not pursue the complaints any further.

 

If they have any sense, they will quit. IF.

 

SH

[ScarletPimpernel]

These appear to be conjectured agreements that may fulfil a s.78(1) request, but do not appear to be enforceable at law.

[twofoot]

That's exactly my way of thinking SP. You have said it in black and white. It's been said that another consumer group check the agreements and said enforcable but from what I see, no way.

[ScarletPimpernel]

I'd love to know more about this 'Illness Support Team' - though I suspect it's just a DCA monkey by any other name.

[cashins]

I'd love to know more about this 'Illness Support Team' - though I suspect it's just a DCA monkey by any other name.

 

It's a subdivision of the 'get money any way we can team' and shares a desk with the 'Blue Peter' rep.

 

Regarding the CCA's, 'this is what it would look like if....

 

David

[huggy41]

I think i have just spotted somthing interesting at the very bottom of the images it states ( your copy to keep ) if it was your copy to keep how the hell have they got hold of it to send to you

[mysticpols06]

Evening all, Am not trying to gatecrash ur thread (i have one of me own just started re Cabot - aarghhh) but was flicking thru & urs grabbed my attn & thought maybe some of the advice might be able to apply to my situ? Basically has Littlewoods cat which subsequently dealt with by NDR, was working fine with them accepting reduced payments (pro-rata) & no fees added until approx 5 months ago when they started adding the now famous £12 so out of my £13 i was paying, obviously was not making any diff. I wrote & requested they stopped adding the fee which was shown on my statement as an admin charge, pointing out that i had adhered to the repayment plan they had agreed, but they haven't of course. Now i have had constant calls the last 2 wks which i refuse to answer (peed em off i think) & yest received a 'new look' statement with a 'default sum notice' stating that the £12 was a 'default sum' & would be added each month that i didn't pay the contractual minimum amount required. Hmmmm. Sorry again to trespassing ur thread, but advice if at all poss, gratefully rec please. many many thanks. x

[microbar]

Evening all, Am not trying to gatecrash ur thread (i have one of me own just started re Cabot - aarghhh) but was flicking thru & urs grabbed my attn & thought maybe some of the advice might be able to apply to my situ? Basically has Littlewoods cat which subsequently dealt with by NDR, was working fine with them accepting reduced payments (pro-rata) & no fees added until approx 5 months ago when they started adding the now famous £12 so out of my £13 i was paying, obviously was not making any diff. I wrote & requested they stopped adding the fee which was shown on my statement as an admin charge, pointing out that i had adhered to the repayment plan they had agreed, but they haven't of course. Now i have had constant calls the last 2 wks which i refuse to answer (peed em off i think) & yest received a 'new look' statement with a 'default sum notice' stating that the £12 was a 'default sum' & would be added each month that i didn't pay the contractual minimum amount required. Hmmmm. Sorry again to trespassing ur thread, but advice if at all poss, gratefully rec please. many many thanks. x

 

Yes looks like they are playing dirty adding the £12 even if you adhered to the agreed monthly payment.

Thanks for letting me know its not just me they are doing it to.

They keep telling me it's been done in error.

I will be writing to there complaints address if that does not get me anywhere, I will make a formal complaint to FOS.

I would be gratefull if you could keep me updated in the future

of any more charges they add to your account mysticpols06

It would be proof that they are adding unlawfull charges.

[mysticpols06]

by all means but to be honest i haven't tackled em yet myself - am gonna start tomoz by sending em the cca & £1 i think just to see how i get on? I'm not sure really what else to do with them as all was apparently well & now they getting pooey! (& poo i do not stand for ha ha ) Anyways, gd luck & will keep u posted & any advice from any1 extremely appreciated!