catalogue credit?

[paulisgod]

I have just been approved for credit with littlewoods(online).

 

I agreed to these terms and conditions

 

Terms & Conditions for a credit account

 

Credit Agreement regulated by the Consumer Credit Act 1974

This agreement is between us, Littlewoods Finance Company Limited, whose registered office is at Aintree Innovation Centre, Park Lane, Netherton, Bootle L30 1SL (the Creditor) and you.

 

Key Financial Information

1. Credit Limit – We will periodically fix the credit limit and notify you of it.

 

2. Repayments – You will be sent a statement every 28 days giving details of all transactions on your account during the period since your last statement or, if there has been no previous statement, the opening of your account. The first payment will become due 21 days after the date of your first statement, and all subsequent payments will be due 21 days after the date of the statement on which they appear. The due date will be shown on each statement. The cost of all goods purchased using the account may be repaid over 20 weeks. In addition, the option of repaying over 52 weeks may apply to selected goods as notified to you from time to time. You must make a minimum payment every 4 weeks. This minimum payment will be shown on each statement. It will be the total of the minimum payment applicable to all items purchased over 20 weeks and the individual minimum payments applicable to all items purchased over 52 weeks. We calculate the minimum payment applicable to items bought over 20 weeks differently to the minimum payment for items bought over 52 weeks. For the first item purchased over 20 weeks the minimum payment will be the price of that item charged to the account divided by 5. Whenever you purchase another item over 20 weeks the price of that item will be added to your outstanding balance for items purchased over 20 weeks and the minimum payment in respect of all items purchased over 20 weeks will then be that new balance divided by 5. For all items purchased over 52 weeks the minimum payment will be the cash price of that item divided by 13. If you wish you may pay weekly. If you do so the total payments made by you in each 4 week period, ending on the date on which the minimum payment shown on your statement is due, must at least equal that minimum payment.

 

If you use the account to purchase certain items we may ask you to make an additional payment in relation to that item. If this requirement applies we will determine and notify you of the amount and timing of the payment when you order the item

 

3. APR 0%

 

Other Financial Information

1. Total charge for credit £0.

 

2. Rate of interest– Purchases on this account are interest free i.e. the rate of interest is fixed at 0%.

 

Key Information

Default Charges - Charges are payable by you in respect of the following matters:

• You fail to make at least the minimum payment by the payment due date - £12
  
• Failure by you to respond to an arrears collection communication - £12
  
• Any dishonoured cheque or missed direct debit payment - £15
  
• Us agreeing to a reduced repayment schedule with you - £10
  
• Transfer of your debt to a debt collection agency - £20
  
• Failure by you to provide a forwarding address to us - £20
  
• Any court fees & costs incurred by us in pursuit of arrears - £90
  

We reserve the right to vary these charges (or introduce new charges) at any time in accordance with clause 11. Details of up to date charges in relation to each of these matters are available from us.

 

Administration Charges

If you fall behind with your payments, we reserve the right to impose a charge to cover the cost of any action we may take. We will be entitled to debit your account with any costs incurred by us in respect of any missed or insufficient payment, including but not limited to dishonoured cheques, failed direct debits and recharged card payments. Payments received will be applied first in payment of insurance, interest and other charges as shown on the last statement and thereafter in the reduction of the current balance. Administration Charges:

• Copy statement - £5
  
• Immediate credit file update - £5
  
• Letter confirming clearance of your debt - £10
  
• Transfer of your balances - £12
  

Missing Payments

Missing payments could have severe consequences and make obtaining credit more difficult.

 

Important - Read This Carefully to Find Out About Your Rights

The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without getting a court order.

 

The Act also gives you a number of rights:

 

1) You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement.

 

2) If you received unsatisfactory goods or services paid for under this agreement you may have a right to sue the supplier, us or both.

 

3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue us. If you would like to know more about your rights under the Act, contact either your local Trading Standards Department or your nearest Citizens' Advice Bureau.

 

 

 

I can use my credit now, but have signed no proper crdit agreement. In an email they said they would be sending 2 cca`s for to sign and send back.

 

What happens if i use the credit but dont sign a credit agreement? Can i just not pay?

Further Terms and Conditions

1. The credit under this agreement is to be used by you to purchase goods/services from retailers, outlets and brands agreed by us from time to time. We may debit your account on each occasion upon which you provide us with authority to do so, including verbal authority.

 

2. Purchases made on Buy Now Pay Later promotions will be charged to your account in full on the last statement before the first day of the month specified in the promotion. Once the Buy Now Pay Later transaction is charged to your account it will be shown as part of the current balance and will become liable for payment. Amounts owing under Buy Now Pay Later but not yet charged to your account will be deducted from your credit limit when we calculate the amount you have left to spend. The amount of credit available to you in relation to your account will be reduced accordingly.

 

3. We reserve the right to demand from you immediate payment (subject to any statutory notice period) of the full outstanding balance if you fail to make any payment owing under this agreement by its due date.

 

4. We may close your account immediately, and without notice, if you fail to comply with any terms or conditions of this agreement.

 

5. Either you or us may terminate this agreement by giving at least seven days written notice of such to the other. If you terminate the agreement, you must immediately pay the full outstanding balance to us. If we terminate the agreement you will not be able to obtain further credit under this agreement and must repay the full outstanding balance to us on demand.

 

6. If you are not satisfied with any aspect of this agreement then write to: Littlewoods Finance Company Limited, Credit Support Team, Aintree Innovation Centre, Park Lane, Netherton, Liverpool, L72 1LE.

 

7. You have the right to cancel this agreement under the Financial Services (Distance Marketing) Regulations 2004. This right to cancel ends on the expiry of fourteen calendar days beginning with the day after the agreement is concluded. You can cancel by sending or taking a WRITTEN notice of cancellation to Littlewoods Finance Company Limited, Credit Support Team, Aintree Innovation Centre, Park Lane, Netherton, Liverpool, L72 1LE. Fax Number 0870 263 5087. E- Mail [email protected]. If you intend to cancel, you should not use any goods you have under the agreement and you should keep them safe (legal action may be taken against you if you do not take proper care of them).

 

8. You must notify us in writing of any change of your address within seven days of such change.

 

9. If we temporarily relax any terms of this agreement e.g. allowing you more time to pay, we may strictly enforce those terms again at any time.

 

10. We may transfer any or all of our rights, duties and obligations under this agreement to any other person, or arrange for any other person to carry them out on our behalf, without giving notice to you. Any such transfer will not affect your rights under this agreement, or any other legal rights you may have, such as under the Consumer Credit Act 1974. You may not transfer your rights, duties or obligations under this agreement.

 

11. We reserve the right to vary the terms of this agreement at any time to reflect:

• changes in relevant laws
  
• changes in our system capabilities
  
• changes in market conditions affecting our business
  
• new developments in the market place
  

We will give you twenty-eight days written notice of the variation. Where any such change is not to your benefit, you may end this agreement by giving us written notice and paying us the full outstanding balance before that change takes effect.

 

12. This agreement is governed by the laws of England and Wales, which we also take as applying prior to the making of this agreement.

 

13. All communications in relation to this agreement will be in English.

 

14. If any term of this agreement is unenforceable for any reason, it shall not affect the enforceability of any other term of this agreement.

 

15. Unless you notify us to the contrary, we may appropriate any payments received from you to sums due under your account or under any other agreement you have with us as we decide.

 

16. References in this agreement to "you" and "your" are to the Customer named above. References to "us" and "we" are to the Creditor named above, and include any other party to whom our rights and/or liabilities under this agreement may be transferred.

 

17. We are a financial services company authorised and regulated to carry on insurance mediation business by the Financial Services Authority, under reference number 312190, and licensed by the Office of Fair Trading under consumer credit licence number 535857.

 

18. We are required to inform you that there is a possibility that other taxes or costs may exist during the currency of this agreement that are not paid via us or charged by us under this agreement.

[paulisgod]

anyway, my question is can just use the crdit, dont sign the agreement and not pay?

[mikek]

I know someone who did not sign anything on a littlewoods catalogue, got credit, pay off a little bit and then stopped. They registered late payments on his credit file and then a default. After sending a CCA s78 request:

1) they never responded

2) the account marker with all registered late payments and the default dissapeared miraculously!

 

He got the account in 2005. I do not know about the regime now so maybe this is something you need to look into.

[IdaInFife]

The electronic regs come into play

 

The Consumer Credit Act 1974 (Electronic Communications) Order 2004

 

 

ida x

[heidi1974]

can someone tell me if i have never signed a credit agreement for next catalogue then i ent got to pay, as i sent a letter to next cat last week for my agreement and today they have sent me a letter saying that,

 

By way of explanation, under section 78 of the consumer credit act, next must supply any customers with a true copy of their credit agreement upon request. for the purposes of section 78 a, a true copy need not be an exact copy or photocopy, as long as it contains every material provision of the agreement signed. this means that it does not need to have non- statutory information which was included for the creditors own benifit or signature boxes. therefore next are not required to provide you with a signed copy of the agreement and this is made clear in section 3 (2) of the consumer credit ( cancellation notices and copies of documents) regulations. we are required to provide you with a true copy and a true copy enclosed.

in light of this, and in the absence of any evidence to suggest that you did not order and/ or receive the goods delivered, next will continue to seek payment of the balance of £---- owed by you. it is noted that you have neither denied ordering or receiving next goods.

a default entry will therefore be made on the credit reference file, which may affect the abilityto obtain credit in the future. making payment to clear the balance will enable the credit files to show as satisfied.

 

i will upload my agreement but it is not signed.

[version302003]

anyway, my question is can just use the crdit, dont sign the agreement and not pay?

 

As ida says, they no longer need your sig to enforce when taken out online.

[heidi1974]

i did not do it online, i done it by post. u have to pay £3.50 i think for the cat then i ordered from it then.

[heidi1974]

this was also a next card, i have just looked on the agreement and it does state that, this agreement becomes binding when it has been signed by you and on our behalf. well i have not signed it.

[version302003]

this was also a next card, i have just looked on the agreement and it does state that, this agreement becomes binding when it has been signed by you and on our behalf. well i have not signed it.

 

When did you start / request the catalogue?

[heidi1974]

1998 i think.

[version302003]

if they havent got a signed agreement (as you never signed one)then you can dispute it as it is unenforceable.

[heidi1974]

shell i post the agreement on here, because this really is all new to me, iv just been told to do it on my loan, but i sent it to all creditors to see if they have my signed credit agreement.

[version302003]

shell i post the agreement on here, because this really is all new to me, iv just been told to do it on my loan, but i sent it to all creditors to see if they have my signed credit agreement.

 

Well to be honest they can send you a blank agreement but it makes no difference. If they do not hold a signed copy (from 1998 ) then they can't enforce it. I would send them the standard dispute letter if you wish to dispute it.

 

Is the account up to date or is it defaulted etc?

[heidi1974]

here is one of the agreements. http://i701.photobucket.com/albums/ww13/heidirogers1974/scan0001.jpg

[heidi1974]

there is part two next agreement. http://i701.photobucket.com/albums/ww13/heidirogers1974/scan0003.jpg

[version302003]

here is one of the agreements. http://i701.photobucket.com/albums/ww13/heidirogers1974/scan0001.jpg

 

Crispy toilet paper is all that is. I doubt very much they have a signed agreement from 1998 so I would dispute it.

[heidi1974]

what do i do from here now then, how would i dispute it.

[version302003]

First things, are you still paying next or have you stopped paying. I say this as they will continue to report to the credit reference agencies even tho they are not supposed to. If you have already defaulted then it really wont make a difference.

[heidi1974]

as i have quite a few debts, i had been paying them though a debt agency, but to be trueful they are rubish, i seam to be getting in more debt and more problems. the people on here have told me to cancel it but i just wanted to see the agreement and that first before i cancel the payment to debt free me. i dont thing it has been defaulted but they have passed the debt on to the lewis group.

[heidi1974]

if they had the agreement then they would of sent it to me. i dont think they have got it at all.

i have got to go to work Know but i will check the post when i get home later.

thank you for your help.

[version302003]

as i have quite a few debts, i had been paying them though a debt agency, but to be trueful they are rubish, i seam to be getting in more debt and more problems. the people on here have told me to cancel it but i just wanted to see the agreement and that first before i cancel the payment to debt free me. i dont thing it has been defaulted but they have passed the debt on to the lewis group.

Well as I said, i'd be very supprised if they had one from 1998 so i would dispute it. As lewis are collecting dispute it with them, amend to suit.

 

 

 

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.

 

This limit has 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.

 

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

 

PRINT NAME (DON'T SIGN)

[heidi1974]

Thank you for your help, I have just been told its 14 working days, so i cannot send the letter till the 18th march.

[The GodMother]

Heidi thats wrong. Is 12 working days after recipt of the document.

 

Monday sent

Tuesday recieved

wednesday day 1