littlewoods/ndr

[run_rabbit55]

so your claiming this typr of cca aint good enough as there are things missing? sorry but im new to this and you obviously know alot more than i do. so you recieved a cca exactly like me?

[skegleg]

so your claiming this typr of cca aint good enough as there are things missing? sorry but im new to this and you obviously know alot more than i do. so you recieved a cca exactly like me?

 

Hi

yes i know how daunting it all is, i still find it hard to understand, yes i was advised that this document they sent is missing certain things, right the first thing to do is send them this letter.

dont sign it , print your name ,

if you start getting phone calls off them insist that you will only communicate in writing

forgot to say send by recorded delivery also

 

 

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. I would now request you send me your official complaints procedure within 14 days.

 

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.

 

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

Edited January 9, 2009 by skegleg

[run_rabbit55]

thanks. so why did i sign this alleged cca 4 months after opening my littlewoods account? whats the cca missing?

Edited January 9, 2009 by run_rabbit55

[skegleg]

whats the cca missing?

 

if you can read up on this it explains more than i ever could

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

[run_rabbit55]

below is a copy of what littlewoods sent me as a cca.my copy is signed by myself on the 13.06.05 but the account was opened on the 22.02.05 as stated in a cover letter. ive read on a few posts that this cca is unenforceable. what do people think, im getting very confused on what ive been sent and what to do.

 

[run_rabbit55]

ive been sent this as a cca

 

not sure if its enforceable. if it is how do i go about setting up a agreement of what i can pay littlewoods monthly? can i claim back charges theyve made to my account and then make an agreement?

[run_rabbit55]

also can i claim back for "debt collection letter fees"?

[run_rabbit55]

hi, since reciving what i belive to be a cca from littlewoods im looking to start paying off my debt to them. my account is ful of late payment charges and debt collection letter fees. should i request for these to be taken off my balance? and where should i start when setting up a payment plan as all they keep asking for is hugh amounts to be paid off

[42man]

Rabbit I have merged together your threads...is it possible you can stick to a separate thread for each of your accounts, as some will not see any history of the debt...

[run_rabbit55]

ok sorry

[run_rabbit55]

hi all , i recieved a default notice today from littlewoods today asking for £1700 by the 20 of february. obviously i cant do this. what should i do?

[blind-as-a-bat]

Only one:p I got seven (7) all invalid:-D

 

What cant you do? Accept they have screwed up on the so called agreement? That it is unenforceable as it is missing prescribed terms?

 

If it is identical to mine it is:)

 

Have you replied so far to littlewoods, if so what?

[skegleg]

hi all , i recieved a default notice today from littlewoods today asking for £1700 by the 20 of february. obviously i cant do this. what should i do?

 

Hi run_rabbit

i too and blind as a bat have received default notices, as blind as a bat says he has had 7,

if you have read both mine and blind as a bats threads you will see that the CCA they sent is unenforceable, if it should ever go to court, and the worst happened a judge would only make you pay what you can afford

Have you sent any letters to them informing them its unenforceable and putting the account in dispute as advised ?

after that it's a waiting game, and they will just keep writing with threats ranging from home visits to "the gone away register" , don't panic they know they have messed up.