NDR (LITTLEWOODS) "Unable to locate a copy of an executed agreement"!!

[mysticpols06]

Evening all,

 

CCA'd NDR (Littlewoods) at Innovation House on the 7th but the didn't reply until today with this:

"We refer to a recent request for a copy of your agreement.

 

Unfortunately we are unable to locate a copy of an executed agreement, but for your info we enclose a copy of the current agreement which applied to this type of account. This version includes all contractual variations which have taken place.

 

According to our records, the acc was opened on xx/xx/2002. You agreed to make payments every 28 days.

 

The outstanding balance is currently £xxxx.xx. Our records show that £xxx.xx in payments have been made within the last 12 months.

 

If a third party is acting for you please pass a copy of this letter to your representative.

 

Yours Sincerely, Julie Bracewell (Debt sale management team)"

 

I'm assummin this is actually a gd reply (for us) beings as they seem to be admitting to not having the agreement (it was originally for a catalogue), but am not sure what i should do next?? Witheld payment last week for the 1st time & cancelled standing order as they hadn't replied within the initial timeframe - dunno whether should maybe send a letter stating acc in dis or just to not pay until something else gets sent through or maybe to find a template (if there is one) telling them we will pay a token of £1 a month until they can provide the agreement so that if it gets to court we can show Judge we have been offering token of goodwill etc as opposed to 'burying our heads'? Not at all sure, so please any opinions gratefully received!

 

Thanks as always,

 

 

Mpols x

 

PS. They had included a blank photocopied cred agreement & a seperate sheet of 'further terms and conds' too.

Edited December 1, 2008 by mysticpols06
added ps :-)

[fedup74]

Wow keep that letter safe and frame it!!:D You have no obligation to pay them- there is no agreement. If it was me I would do nothing, don't pay until they come up with your agreement (not gonna happen!!!)

[zazen.warrior]

Write and tell them the account is in dispute as per non complience with your request.

[mysticpols06]

Hi fedup & Zazen - Thanks for prompt replies - So u think i should send acc in dis & withhold all payments until they provide cca? Ok, will get that printed up sent asap! Fingers xed eh! Am wondering whether is worth trying to ask for all charges etc to be offset against supposed balance? Or is it better to wait & see what/if they do next then hit them with that if nec at later date?

Thanks again,

Mpols x

[fedup74]

That could be your trump card!!!

[mysticpols06]

[silverfox1961]

HA! Found you. You can't hide from me:D

 

That's a pretty cool turn up isn't it. More cash for christmas now.

Aren't you grateful to littlewoods for being useless at peperwork:D

 

fox

[mysticpols06]

Fingers xed eh fox! Have got to send em acc in dis letter today but also a little worried that it makes em look even harder for the bloody agreement! Doh! oh well, cest la vie! Jx

[ScabHunter]

Hi Mpols,

 

There is no obligation to send the Account In Dispute letter. Opinion is divided on whether you should do this or leave it. In the end, it is unlikely to make any difference, they will either find an enforceable agreement or they will not.

 

You can always keep the letter in reserve, and send it next time they come back demanding money.

 

Littlewoods seem exceedingly poor at retaining the proper paperwork. They also seem to be reluctant to ever admit defeat. They keep wasting their shareholders' money sending out threats and promises of court action long after it has become obvious that no payments would be forthcoming.

 

I would hold off challenging them on charges. They will probably add more charges as this saga continues, which will only give you further reason to dispute the alleged balance in the future should an enforceable agreement ever show up.

 

SH

[mysticpols06]

Thanks for advice SH! Had a letter today from them stating Default with the following but not sure if is proper one or not so will input it (no scanner) & would appreciate opinion pls? What pee's me off is it's dated the 27th when payment which we withheld wasn't til 28th so that seems bit out of order plus the letter in post one was dated 28th (day later) & arrived on the 1st (2 days sooner) - It takes the mick that they get sooo defensive & fire off these default notices whether you have actually defaulted or not, simply because a person requests an agreement that they have every right to see!! Anyway, will post the note in a mo (am in mid of trying to get youngest to bed doh!). Thanks again,

Mpols x

[silverfox1961]

Hi mpols, long time no see:-?

In my very amatuerish way, they shouldn't be sending you a default letter as the account is in dispute. They know it, You know it so IMHO they're just trying it on. No agreement, no pennies. It's only fair. If they can't get it right why should you:)

AHH bedtime. I seem to remember that somewhere in my dark past. My youngest is at uni now:roll:

 

fox

[The GodMother]

No they should not be but hey they should keep hold of all there needed documents under the money laundering regs but just cause there not suspose to do something does not mean they wont.

 

Oh and i am still waiting for both of my CCA which they admitted over a year ago they dont have.

they have had the acc in dispute letter tho.

[mysticpols06]

ok peeps, (evenin all by the way), Not sure if this is an 'official' default notice or not beings have had similar from others in the past that haven't been so here goes:

"Default notice served under section 87(1) of the ca'74.

Running acc credit xxxxxxxx

We refer to the above agreement which you have entered into with us. The payment clause of the agreement provides that you must make the required periodic payment in full by its due date. You are in breach of that clause because you have failed to make all your periodic payments in full when due and arrears amounting to £xxxx.xx are outstanding. (I have been on reduced min payment scheme with them AT LEAST a year with no probs & this seems like a kinda high amount of arrears so will obviously check paperwork again in bit).

To remedy this breach you must pay us the total arrears of (amount above) before 25/12/08.

If the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of this breach.

If you do not take the action required before the date shown then the further action set out below may be taken against you.

* Further action:

On the date shown, we shall require payment of the outstanding balance on the account less any rebate allowable, as set out below,

Amount of outstanding balance xxxx.xx (same amount as s'posed arrears as opposed to current balance as stated in letter received two days ago )

Less rebate 0.00 (awww)

Total amount to be paid xxx.xx

 

If you are having difficulty in paying any sum under this agreement or taking any other action required by this notice you can apply to the court which may make an order allowing you or any surety more time.

If you are not sure what to do contact ts, solicitor etc etc

This notice should also include a copy of the latest office of f'trading sheet on default (it didn't). This contains important info about your rights and where to go for support and advice (CAG ). If it is not included, you should contact us to get one ( i won't)."

 

How come the only 'further action' is to demand the amount they are already demanding but naming it the outstanding balance in this para as opposed to arrears in the prev para? I'm assumming (prob wrongly) that because they haven't provided my agreement that they know they can not actually enforce it any other way until they do, so what is the point in threatening to??

Am still peeved that they sent this 'apparently' before they even knew if i had paid this month or not, again presumably to scare us into paying in full because they haven't got the agreement??

Thanks as always,

Mpols x

[mysticpols06]

ps, Hi fox, soz hun, not been online properly couple days as not been 100%, hope you well tho? & Every1 else! Take care,

Mpols x

[silverfox1961]

Hi back Mpols,

sorry you've not been well.

I could bore you to tears with my health stories but I won't bother.

Do you ever get the feeling that one department doesn't know what the other is doing.

It beggars belief that you get one letter saying no agreement and then get another letter with a default notice.

Personally I'd send a photocopy of your No agreement letter with a strongly worded "bog off" letter back OR if you feel like a fight, invite them behind the school gym:-D

 

fox

[mysticpols06]

dunno if have the right energy for a 'fight' at the mo - am more likely to cause a riot ha ha. didn't think to send copy of the no agreement letter to them - could always send it with the acc in dis letter mayb? As scabhunter said earlier it would make a gd comeback to them for when they demand money next ie, this default notice?

Mpols x

[The GodMother]

No its not a deafult notice. i could more than likely look on here to see a exact copy of this letter.

 

The law states they cant do things but as we know just cause the law says something it does not mean it will happen.

 

I would write back politely advising them to read the law and advise them they have already said they cant provide a cca so they cant do anything.

[mysticpols06]

Hi godmother - Thanks for ur comment! So do you think i should send acc in dis or instead a photocopy of their response saying no agreement yet with a few paragraphs from the acc in dis template to state how they shouldn't be doing certain things? Obviously they should be fully aware of what they can & can't do so am not sure whether is worth wasting the postage cost to be honest?

Thanks as always,

Mpols x

[The GodMother]

No just leave it and when they do demand money send the letter you got saying they wont take any further action.

[mysticpols06]

"To remedy this breach you must pay us the total arrears of (amount above) before 25/12/08." (post #13)

 

Just to update - Obviously i didnt pay the supposed outstanding balance/arrears etc & on everyone's advice did not fwd an acc in dis letter either yet, But have still not received anything else from them yet so am assummin they in the process of flogging me one to the next sucker! Watch this space me thinks!

Thanks as always,

Mpols x

[silverfox1961]

Hi Mpols,

Long time no see

I was having a think about this. As they've said they don't have an agreement, they have no right to default you so what i'd do is send the s10 data protection letter to them and get that default removed, obviously enclose a copy of the letter saying no agrement.

If you haven't done so yet, i'd also get a copy of your credit file to see what damage has been done.

 

good to see you again.

 

fox

[mysticpols06]

ditto x

Am looking for the template now. Mpols x

[mysticpols06]

Ps. Hi guest

[silverfox1961]

Mpols.

This is what i sent lowlifes. If it's any good for you, help yourself

 

Dear Sir/Madam

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

I refer to your recent admission that you cannot supply me with a copy of a Credit Agreement signed by me

 

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

 

Failure to remove ALL my data from your databases and from ALL Credit Reference Agencies will result in a formal complaint to the Information Commissioners’ Office.

 

 

 

 

edit if you wish

 

 

fox

[silverfox1961]

PS Hi to the guest too. come on in the waters lovely