mum vs littlewoods direct and marshall wards

[pigsic]

Hi there is me again for advice on another of mums debts.

 

She got a littlewoods direct cat and marshall wards cat last year with £750 on each, we have wrote to them and explained that she is not well and is in struggling financially and could they accept a £1 payment a month but they are both ignoring her. They just kepp sending letters for payment and statemnets. The proplem is mum said she can remember signing a cca what should we do please help

thanks pigsic

[42man]

If they are ignoring your honest proposals and your situation, then I would send off for the Consumer Credit Agreements for a start (your mum may have signed them but did they have the prescribed terms ?).....also have they levied any excessive fees/penalty charges on the accounts ?

[pigsic]

what will happen though if the cca does meet the prescribed terms then will there be nothing i can do

[pt2537]

what will happen though if the cca does meet the prescribed terms then will there be nothing i can do

 

well then you can look at the charges that they have applied to the account and start reclaiming them

 

but i would wait and see what comes back before worrying about what happens next. Littlewoods arent known for getting agreements signed;)

[pigsic]

mum said she opened the account under a year ago and she did sign a cca so should i still send off for it

[pigsic]

can someone please advice me even if mums account is less then a year old can you still send a cca request

[morteee]

yes you can as far as I know - no harm in sending them

[pigsic]

got cca ready for littlewoods and marshall ward to send tomorrow im a bit nerves about this one cos we know she sighed them

[zazen.warrior]

We all spend a lot of time on here worrying about what *might* happen - me included!

 

However I try very hard to put it out of my mind until it does; if and when something does happen then one of the good people here is bound to be able to help you.

 

Zazen

[pigsic]

Hi there just to keep you up to date i have cca'd littlewoods direct and marshall wards on the 3 march been on royal mail tracking and there is still no record phoned royal mail but all they said is sorry and to wait 15 working days. But mum received letter from littlewoods on saturdays say that if she did not act by paying £134.00 arrears on the date on letter which was 1 march 2008 they whould pass the debt to nationwide debt recovery limited but they have ignored all the letters i have sent explaining mums situation and asking them to accept £1.00 a month until further notice.

Is there any one who has a letter i can send them telling them they have ignored me and ask them to accept a £1.00

please help

[42man]

ok....they are not supposed to pass a debt on whilst it is in dispute...., they are also not allowed to continue to press you for the debt whilst it is in dispute....

 

Send them this letter...

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

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

[pigsic]

just phoned littlewoods direct asking them why they ingored all my letters and offers of payment but they said they have not had offers of payment which is a lie cos i have proof of every letter sent she said if account is not up to date by end of business today they passing it to nationwide debt recovery limited

[pigsic]

Hi 42man

the thing is i have check royal mail tracking service and is has not been recorded yet i sent it on the 3 march 2008 have you heard of nationwide debt recovery limited

[42man]

I have only heard of them through these forums....send the letter above by recorded delivery....if it is passed around then complain to the FOS and Consumer Direct

[42man]

You have done all you can with the postage attempt, you have the recorded delivery slip which is stamped....you have made every reasonable effort to make them aware of your position....

[pigsic]

hi there everyone

mum received a credit agreement which she signed. on 13 march I sent a letter and income and expediture form asking them to accept a pound what can i do now

cheers pigsic

[pigsic]

could someone please advice me

[42man]

ok can you scan/photo the credit agreement (cancel out all the personal details) and post it on here to see if it is enforceable ?

[pigsic]

ok will do when son gets home from college cos i dont know how to do it

[pigsic]

Hi There this is the credit agreement and letter that lttlewoods direct sent to mum

[pigsic]

[pigsic]

[pigsic]

was wondering if anyone has some advice on this cca

thanks lisa

[The GodMother]

does it have any of the correct details on it like name and address?

 

Is the date correct?

[pigsic]

does it have any of the correct details on it like name and address?

 

Is the date correct?

 

Hi godmother yes everything on the agreement is correct and it is signed

thanks for looking

lisa