Littlewoods Credit Card. Mercers.

[PGH7447]

true but do they care

[overdone]

9 November 2009

 

Essex County Council

Trading Standards

New Dukes Way Offices

2 Beaufort Road

Chelmsford

Essex

CM2 6PS

 

Dear Sirs,

 

Re:- Littlewoods A/C ***************

 

On 19 September 2008 I sent Littlewoods Customer services a request for a signed copy of an alleged Credit Card agreement.

 

On 5 January 2009 all they sent me was an arrears notice followed on 7 January with my first default notice from Mercers Debt Collection agency. I know this registered with the CRA’s because I sent for a copy of my Credit Files. I sent Mercers an, Account in Dispute letter expressing my confusion over Littlewoods non-compliance with my CCA request. On 22 January, Littlewoods Barclaycard sent a letter implying that they had complied.with my request. I waited for my signed copy of a CCA and meanwhile they sent me a, request for payment letter on four separate occasions.

 

On 28th July 2009 I wrote a formal letter explaining why I felt the account was in dispute and that their defaulting the account was unlawful.

 

On 5th August 2009 I received two separate envelopes containing two different sets of terms and conditions that looked as though they could relate to anybody’s agreements anywhere but nothing relating to anything I had allegedly signed. Additionally, I am suspicious about the mentioning of £12.00 late payment/overlimit fees that would not have been in force at the time of the alleged agreement.

 

On 22 September 2009 and 22 October 2009 I received two requests for payment letters. On 30th October 2009 I wrote and expressed my concern about their lack of conscientious application to my complaint. All I received in response, was a second default notice from Mercers Debt Collectors, for the same account.

 

Is it possible that you could look into this for me?

 

Yours sincerely

 

 

Overdone

[overdone]

Just as I was posting my letter to Trading Standards, someone typed this.

 

Barclaycard

 

9 November 2009

 

Dear Overdone,

 

Reference Section 78 of The Consumer Credit Act 1974.

 

Barclaycard Account No's xxxxxxxx & xxxxxxxxxx

 

I write further to the letter whereby you note dissatisfaction to the documents you received in relation to a request made under Section 77/78 of the Consumer Credit Act 1974.

 

Firstly, credit cards are regulated under Section 78. Section 78(1) of the Act states that the creditor shall give the debtor a copy of the executed agreement and a statement of account which is practicable to refer. Regarding a statement of account which is practicable to refer, the letters which we send in response to a Section 78 (1) request includes this information. To cover the issue of executed agreement.

 

How does the Act define an "executed agreement"?

 

"Executed agreement" is defined in section 189 of the Act as, "a document, signed by or on behalf of the parties, embodying the terms of a regulated agreement...."

 

What do the rules say about providing a copy?

 

The Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 ("The Regulations") made under the Act deal with how we are to provide a "copy" of an agreement. These Regulations provide that any copy of the agreement supplied to a debtor should be a "True" copy. Regulation 3(2) provides that a copy may omit certain information, which allows you to be provided with a true copy, not a complete copy.

 

What happens if the original agreement has been varied since it was originally signed?

 

The regulations also set out what should happen where the agreement has been varied since it was signed. Regulation 7 provides creditors with a choice of including in the copy of the executed agreement either a copy of the latest notice of variation relating to each discrete term which has been varied, or an easily legible statement of the terms varied. Regulation 7 does not state that the copy of the agreement shall include a statement of the original terms as well as a statement of the varied terms. Regulation 7 allows us to provide you with a "True Copy" which sets out the terms and conditions current at the time of provision of the copy.

 

Conclusions in relation to the document we have to provide.

 

A "copy" of an agreement will satisfy the requirements even if the signature box and/or the signatures are not included as clarified by regulation 3(2) of the Consumer Credit (Cancellation Notices and copies of Documents) Regulations 1983.

 

The definition of "executed agreement" refers to a document embodying the terms of the regulated agreement. When this is read with Regulation 7 - for agreements that have been varied - a copy of the original agreement would not embody its terms. A copy of the agreement as varied would embody its terms.

 

The issue of what is an executed agreement has been interpreted in the High Court. It was held that an executed agreement begins as the credit agreement which is sent to the cardholder when they recieve their credit card: therefore, establishing what is the original executed agreement. When the agreement has been varied, Regulation 7 mentioned above applies.

 

To summarise, if the agreement has not been varied, we must send the original executed agreement: this would be the credit agreement which is currently regulated. If the credit agreement has been varied, we must send the current credit agreement as this will contain the terms of the regulated agreement. We have sent you this and the original executed agreement for reference.

 

I hope this letter has helped with your concerns about the documents you have been supplied with under section 78 of the Consumer Credit Act 1974. As our response fulfils the obligation under section 78 of the consumer Credit Act 1974, you should carry on paying the debt you have accrued on your account. We do not class the account as in dispute, you have been supplied with the relevant documentation under Section 78 of the consumer credit act 1974, and we will carry on with collection services.

 

Yours sincerely,

 

Grant Lake.

[overdone]

Essex County Council.

 

13/11/09

 

Dear Overdone,

 

Thank you for your enquiry to this service relating to the Littlewoods/Barclaycard credit agreement.

 

This matter has been referred to our advice Compliance Team where it will be allocated to an appropriate officer who will contact you in due course.

 

Yours sincerely

 

Business Support Team

Trading Standards

[overdone]

Essex County Council

 

17 November 2009

 

Trading Standards

ESSEX

 

Dear Overdone,

 

Consumer Credit Act 1974

 

Thank you for your letter dated 09 November 2009 regarding your dispute with Littlewoods/Barclaycard, the contents of which have been noted.

 

A credit card account is considered a running account credit agreement and is therefore subject to section 78 of the consumer credit act 1974. After receiving a request in writing and payment of a fee of £1.00 by the debtor, section 78 requires that the creditor supply the debtor with a copy of the executed agreement (if any) together with other documents that are referred to within it and a statement signed by or on behalf of the creditor from which it can be practicable to refer:

 

A) the state of the account, and

 

B) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

 

C) the amounts and the due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

If the Littlewoods/Barclaycard fail to comply with a valid request to provide you with the information set out in section 78 of the consumer credit act 1974 within the prescribed period of 12 days from when the request is received then they may not enforce the agreement with or without a court order. Once Littlewoods Barclaycard comply with the request, albeit out of time, they may once again enforce the agreement. If the creditor claims to have sent the information within the prescribed period, they would be able to prove this with recorded delivery slips.

 

It has been noted from your correspondence that this request was made by you on 19 September 2008 but Littlewoods Barclaycard claim to have provided you with the correct information prior to or at least at the same time as thir letter dated 22 January 2009. Should they take further action against you for non payment then it would be for you to argue to the court that no response has been provided and that they have failed to comply with section 78 of the consumer credit act 1974.

 

It would be for Littlewoods/Barclaycard to prove in court that there was in fact an agreement with you and also for them to prove that the relevent paperwork was provided to you to comply with section 78. If they are able to do either of these then the agreement will remain enforceable but this will be for the court to decide. Furthermore the court may still enforce the agreement should they believe that one exists. (HUH)

 

With regards to the terms and conditions that you have received, it is recognised that these can be sent to credit card users and a sign of acceptance of these terms and conditions is the continued use of the card.

 

If you are having difficulty paying the debt, I would recommend that you contact your local Citizens Advice Bureau, (CAB) who will be able to liase with Littlewoods/Barclaycard on your behalf to agree an affordable plan to repay the debt or contact.

 

If you believe that you do not have an agreement then you must request that this is proved by the debt collectors and Littlewoods/Barclaycard. You should keep records of all requests as this may be used in court should the matter reach that point.

 

Yours sincerely

 

Mr Dean xxxxxxxxxxx

Advice and Complaints Team

[overdone]

Dear Essex Trading Standards,

 

Your ref.xxxxxxxxxx

 

Thank you for your letter of 17 November 2009, concerning Barclaycard/Littlewoods.

 

I perhaps did not make it clear that I was complaining because Mercers have defaulted my account with the major credit reference agencies, whilst the account was in dispute, not only once but twice.

 

I was under the impression that this was unlawful and I was hoping that you would write to Barclaycard/Littlewoods, requesting that they come into line with curent legislation. Has the law changed on defaulting accounts?

yours

Overdone.

Edited November 28, 2009 by overdone
add info

[davey77]

In other words "it's up to you to sort it out as we don't really care and are too scared to go up against Barclays to even bother trying".

 

Usual TS response i'm afraid.

[overdone]

In other words "it's up to you to sort it out as we don't really care and are too scared to go up against Barclays to even bother trying".

 

Usual TS response i'm afraid.

When I was up against 1st credit, my local trading standards were sh*t hot. The thread is still on CAG. However, this is a different person handling it. I think the approach should be to keep harrassing TStandards about their near on template letter style of writing, to get them to justify salaries from tax payrs. There is currently a lot of public interest in Debt Collection activities as fodder for TV programmes. TS are more conscientious when being filmed. I would love to write a humdinger letter to T.S but that illuded to above is as far as I have got. I will try and enlist some help from other caggers.

Edited November 23, 2009 by overdone
spelling

[overdone]

Essex Trading Standards.

 

2/12/09

 

Dear Overdone,

 

Thank you for your letter received on 30 November 2009 regarding your dispute with Littlewoods/Barclaycard.

 

In your letter dated 09 November 2009 you outline that you have been disputing an agreement with Littlewoods Barclaycard since September 2008. Since this time you state that you have not been provided with proof that you had entered i nto this agreement and therefore there was no debt and as such Mercers Debt Collections Limited should not be involved with this matter, nor should they have contacted the Credit Reference agency.

 

I explained in my letter dated 17 November 2009 the responsibilities of the finance company in these matters and what steps you could take to rectify the matter.

 

In your letter received on 30 November 2009 you query why Mercers Debt Collections Limited have contacted the Credit Reference Agency about a debt that is in dispute.

 

The documentation you have provided to me previously suggests that proof of the agreement has been provided to you and therefore there is no longer a dispute about the agreement. Mercers Debt Collection Limited believe this to be the case and that you have defaulted on the agreement. A creditor is able to employ a debt collection agency to recover monies owed and, therefor, are complying with the consumer credit act 1974 and therefor no further action can be taken by this department.

 

I would refer you to the advice given in my letter dated 17 November 2009 for your next steps.

 

Yours sincerely

 

Mr Dean Velati

[PGH7447]

sounds like essex TS are not up to the job mate, forget them and try someone esle like maybe the FOS

[overdone]

CALDER FINANCIAL

 

2 February 2010

 

Littlewoods C C

 

Dear Overdone,

 

You have failed to contact us or to pay the full outstanding balance.

 

You must pay to us the full sum due within 7 days of the date of this letter.

 

Failure to pay the full outstanding balance could result in one or more of the following consequences:

THE USUAL

 

We urge you to pay now- blah blah

 

Colin Rogers

Collections Manager

[overdone]

Its sits on my credit files as not defaulted but running behind in debt management plan. Becomes default barred in just over 2 years.