cabot Littlewoods Finance

[barns66]

Hi

I received a letter from Collect Direct (UK) on the 10th June regarding them having bought a debt

 

 

i had with Littlewoods Finance

i never received anything from Littlewoods regarding them selling this debt,

 

 

i sent a letter to Collect Direct on the 16th June requesting my cca included the postal order for £1

this letter was deliverd and signed for on the 17th June

 

 

,i have not heard anything back from them regarding my request for the cca.

 

 

I have now received a court action warning letter from them this morning as shown

 

 

am i correct in thinking they can't do this and what letter do i send to them about this any advice welcome.

 

http://i169.photobucket.com/albums/u230/barns66/collect2.jpg.

http://i169.photobucket.com/albums/u230/barns66/colllect1-1.jpg

 

barns66

Edited July 11, 2008 by barns66
adding

[barney2]

No i dont think they do, dont think banks do either.

 

 

If you sent letter on 16th of june they are still in their 30 days time limit.

 

 

Its up to you either file letter with others or write to them explaining what you have requested and that you are still waiting,

 

 

also include copy of orignal letter and remind them of their time limits. Then sit back and wait.

 

 

From personal experience i have written after the 30 days is up explaining what i requested and that they are out of time, i gave them 14 days to wirte and tell me how the plan to proceed with debt collection that they cannot prove exists. They usually respond quickly to that one.

[harrythehawk]

They do read them, however I suspect their ignorance is deliberately engineered to get you to contact them again. It has happened a number of times to me now with different organisations, recent example, a CCA demand with a £1 cheque stapled to it - response, thank you for your payment to the debt, please contact us to prevent further action. Not the first time this has happened, not my problem, cashing of my cheque marked "CCA fee payment" by them is proof that they have recieved it and I am sure they can make their excuses to the judge if they need to. Guess this has come with experience as in the past I would have sent a stroppy letter back, which is what they want, now I won't waste my ink. Remember it is all part of the game, just do what you need to and let them carry on with their own stupidity and if they mess up then it is to your advantage.

[barns66]

Hi

Thanks for your replies barney2 + harrythehawk,think i will get a letter in the post reminding of what i require,then sit back and wait.

 

barns66

[havinastella]

Something like this Barnsey

 

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 the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or 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.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. 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

 

 

 

 

 

 

Jogs

[barns66]

Hi,thanks for your reply havinastella and i will use something like your letter if thats o.k with you,will send it special delivery on Monday.

 

barns66

[creditcardmug]

Hi the DCAs do read your letters, but purely from the point of view of deciding which one of their half dozen or so threatograms they will send in reply

[Brassed off]

Barns - just reading through your thread here. The 12+2+30 (accordingly to my calculations) would be up on 4th August.

 

There's no need to remind them of their legal obligations. Wait until the 4th and then send the Account in Dispute letter.

 

CCM, knowing DCAs, I would presume that they just rip off the cheque and bin the letter

[barns66]

Thanks for your replies creditcardmug + Brassed off.

 

barns66

[lickthewallfatboy]

Mercers(B/Card) certainly seem to be illiterate when it comes to reading,and just plain stupid when it involves writing!!

[fuzzybobble]

I've found it's best to keep the letters short and to the point. If you put several things in one letter, they seem to ignore some of them. I've been known to hit a DCA with four letters in the same week. One for each issue I want them to resolve. Costs a bit more to do, but usually gets better results. Also now I send the bills for each letter/trip to the postoffice/ and £9 an hour for "researching" consumer law on here.

I billed one of them over £1000 this week.

 

Failing that write your letters in blue crayon and don't use joined up writing.