JesterUK Vs Littlewoods/Pheonix/Mr Carter

[Jesteruk]

Back in Jan 08 i sent off a CCA request to Freds/Bryan Carter for an alledged debt with littlewoods, They cashed the PO (placing it onto the debt!!) and sent a letter, advising me account on hold will forward request to littlewoods. Fine i thought, The my mother started getting calls last week from Freds about the account, Ive trained her quiet well to do one of the following

 

1; refuse to give information under the current climate of ID theft

or

2: play along and wind them up. ( she loved the You Tube clips!)

 

Anyway today i have recieved the following from Mr Carter

 

http://i364.photobucket.com/albums/oo83/jesteruk_2008/bc1.jpg

 

Now i know they are in default of the original request but would someone be kind enough to point me in the direction of a suitable reply, Sarcastic ones accepted!

 

Cheers guys!

[42man]

Send this to the solicitors....(did I say solicitors ?)

 

Dear Sirs

 

I refer to your letter of XXXXX 2008 which was received today.

 

Frankly, I am surprised of the need to advise a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); dated XXXX 2008 for which I have proof of receipt . I can only assume therefore that they failed to inform you of their non compliance. Your client had until (date - 12+2 working days from date of sending CCA request) to comply with a legal request.

 

Should your client persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several defaults committed by (name of DCA/bank) under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for, both the banking code and OFT guidelines.

 

Also please note that I will ONLY communicate in writing, any calls made to me will be classed as harrassment and treated as such.

 

Yours faithfully / for ever / with love / in anticipation of a short and fruitless banking relationship (choose the first if I were you !!!)

[Jesteruk]

haahaaa now which ending shall i use! LOL

 

cheers!

[Jesteruk]

Would you adam and eve it.

Despite sending that previous letter, today i recived a "Copy statement"

this just details credits and debits for the last 4 years......followed by the lovely phrase "We look forward to hearing your repayment proposals within 10 days"

Yeah right only thing there getting is a copy of the above letter again.

 

3 years till it drops off my file! LOL

[Jesteruk]

Finaly had a letter from littlewoods regarding my CCA request.I will try and post the copy of what they have sent up here later, but basically they have sent the bottom half of what looks like an application form.......no prescribed terms, no terms and conditions........

will update shortly once i get the scanner working again

[Jesteruk]

Right this is a link to what they have sent:

cca1.jpg picture by jesteruk1 - Photobucket

 

To be honest it looks like it is held electronically, and this is just a print screen of the signature box!.

in fact i can still read the header - edmonline dot com!

 

 

also sent seperately (via email) was a blank agreement witha date of 2008.

so the following reply has been sent :

 

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter and email you sent to me, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter sent to Carters in Feb 2008

 

My request remains outstanding. A form holding my details and a signature like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 13th March 2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation If you continue to try to enforce this debt without complying with my original request your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the Credit Referance Agencies

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

That should keep them at bay for another year i hope. any thing ive missed???

[Jesteruk]

Well that email certainly did the trick!

Heres there reply:

 

Good Afternoon,

Thank you for your recent email.

Following your email, I have referred your query to Shop Direct at their request for further investigation.

In the meantime your account will remain on hold, and will be on hold until this matter is solved. I can also confirm that Bryan Carter have also closed this account due to the ongoing dispute.

Once we receive a response from Shop Direct, we will of course keep you informed.

 

 

They have now had a reply asking them to remove the adverse info from my file. Hopefully they will action it! LOL