Help! Littlewoods/NDR/Debt Managers and now Moorcroft DR!

[atwitsend]

I originally had a account of £1839.50 with Littlewoods which I was happily paying, got into cash flow problems and it was handed over to NDR. I was paying them happily and then they decided they wanted it all at once and passed it over to Debt Managers Ltd. I sent off the normal CCA on February 5 by recorded delivery. Debt Managers replied on February 8 saying that they had requested a copy of the signed agreement and would revert back to me. I heard nothing more until this morning when I received a nasty, threatening letter from Moorcroft (Pre-Court Division), demanding £1839.60 owed to John Moores Home Shopping Ltd. (Note a difference of 10p in amount and now they say the debt is owed to John Moores rather that Littlewoods. When I first started this account about 15 years ago it was with John Moores catalogue (no credit agreement!) and then I think John Moores was taken over by Littlewoods.

 

Anyway, could somebody help please?

What do I do? Should I start the whole procedure over again with? Actually, I just looked at the copy of the CCA letter which I sent to NDR in February - Littlewoods was not mentioned - I just asked for a copy of the credit agreement for the debt.

 

Thanks!!

[ODC]

Send Moorcrap this

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

[atwitsend]

Thank you so much. I'll do that and see what happens.

[PGH7447]

Knowing Moorcrap not a lot, all bluff and bluster

 

Good Luck

[ODC]

Dont worry about the Pre Court Division or the Pre Litigation Department its just standard bovine excrement that they put on all their letters because it makes them feel important. A sure sign of an inferiority complex

[atwitsend]

Thanks for your advice.

Presumably I should send the letter recorded delivery?

[PGH7447]

Yes recorded or if possible special delivery

 

and dont sign it just print name

[everton2005]

i am in exactly the same boat god its fun:D

[ODC]

Atwitsend

 

Re your PM

 

Dear Morecrap

 

I have previously advised you that this debt is in dispute with a previous DCA who are in default of my request under S78 of the CCA 1974. You have chosen to ignore this reply and are pursuining me for a clearly disputed debt which is a clear contravention of OFT Guidelines on the collection of Debt.

 

Please supply me by return details of your complaints procedure.

 

yours etc

[atwitsend]

Hello ODC: thanks so much - are they likely to reply to this new letter, or do you think they will continue to send threatening letters for ever and ever?

[ODC]

Make a formal complaint to Morecrap as well as Trading Standards and the OFT.

[havinastella]

you have a long way to go to beat this

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/133893-littlewoods-moorcroft-ndr-havinastella.html?highlight=havinastella

[atwitsend]

What in your experience happens next if I actually go to TS and the OFT? I thought I would send the letter suggested by ODC and then if I don't get a reply (which I obviously won't!), then I would send copies of everything going back to February (I think!) to TS and OFT and see what happens then. Littlewoods and Debt Managers are obviously in default now as they never bothered to come back to me with a CCA (there isn't one).

 

Thanks

[atwitsend]

Help needed again please! What is my next step?

Moorcroft wrote back to me on June 2 in answer to my complaint. They also enclosed their complaint procedure. Anyway, in this letter the supervisor said that she would investigate my complaint fully with John Moores Home Shopping Ltd. and would put my account on hold and revert back to me as soon as possible.

Of course I had nothing until I received a letter from Littlewoods referring to my recent (!!!) request for a copy of my agreement with them. They say that they are unable to locate a copy of an executed agreement, but for my information they enclosed a copy of the current agreement which applied to this type of account. They say that this version includes all contractual variations which have taken place. Etc. Etc. Of course I have never ever seen a contract, let only a signed one!

 

So, what do I do now? I originally sent off a request by recorded delivery for a CCA to Debt Managers Ltd on 5/2/08. I have sent off two other letters by recorded delivery to Moorcroft.

 

Thank you so much for any help anyone can give me.

[emmaf01]

That means that they have no CCA so the debt cannot be enforced.

 

No signed CCA, no debt to pay.

 

You now stop paying and tell Littlewoods that they can sling their hook (legally speaking).

[ODC]

Thats excellent news. Without a signed agreement they cannot enforce the alleged debt.

[atwitsend]

Thanks for your comments. Has anyone got a letter containing the correct jargon that I can send to them and get them off my back forever? Or is that asking too much?

[ODC]

Sit back and do nothing untill they send more begging letters then hit them with a formal complaint and report them to TS for breaching the Consumer protection from Unfair Trading Regulations 2008

[KER]

This was the letter I wrote to Debt Managers Ltd after having the exact same letter from Littlewoods.

 

 

 

Dear Sirs

 

Your reference: xxxx

Account due to Littlewoods Home Shopping Group

Client Reference xxxxx

 

Thank you for your letter of xxxx acknowledging receipt of my request. I have since received a letter from Littlewoods (copy enclosed) dated XXXXX

 

As you will see from the letter from Littlewoods, you have failed to respond to my legal request to supply me with a true copy of the original Consumer Credit Agreement for the above account.

 

On the 15th June 2008 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

To date you have failed to comply with these requests by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

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 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.

 

And

 

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

 

Therefore this account has become unenforceable at law.

 

A 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 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

 

 

 

 

I received a letter back shortly after telling me my account had been passed back to Littlewoods

Edited August 12, 2008 by Kyr

[atwitsend]

Thank you everyone for all your help. Hopefully, this might be the end of it all, although I doubt it!

[atwitsend]

Hi there. Well I wrote to Moorcroft with "Kyr's" letter slightly adapted and it was sent recorded delivery on the 19th August. I received a letter this morning from Moorcroft (Pre-Court Division!) stating that they are no longer dealing on the account.

I wonder what the next step will be with Littlewoods?!

[fuzzybobble]

Hi there. Well I wrote to Moorcroft with "Kyr's" letter slightly adapted and it was sent recorded delivery on the 19th August. I received a letter this morning from Moorcroft (Pre-Court Division!) stating that they are no longer dealing on the account.

I wonder what the next step will be with Littlewoods?!

 

Littlewoods will probably pass it onto another DCA for collection. Then the process starts again.

This time raise a formal complaint with littlewoods asking why they keep passing it onto DCA's when they know full well there is no CCA to enforce anything with. Advise them this is a breach of OFT guidelines and also the Consumer Protection from Unfair Trading Reglations 2008. Also remind them that if they continue, you'll complain to Trading Standards, Office of Fair Trading, and the FOS.

 

It wouldn't hurt to invoice them for each letter you've had to send. Plus time spent researching consumer law in order to reply to them. Asking for compensation for harassment wouldn't hurt either.

 

I recently did this with Moorcroft who hassled me for 6 months. They have 11 days left to respond to my complaint. And I billed them for about £900 too.

[atwitsend]

Cheers! Sounds like a lot of fun to look forward to! I shall wait with bated breath!

[ODC]

Before Morecrap sent it to their laughable so called ' Pre Court Division ' aka the ' Stupid Scary Letter with empty threats Division ' they should have sent it to their ' Lets Check if we can actually do anything with this account division '

[everton2005]

well well now passed on to red castle even though it is in dispute .i replied telling them this they reply saying sent £1 for cca .i dont want cca because i know they dont have one lol:D