littlewoods reply to cca-advice please

[casper7]

Hi all

 

After reading lots of advice on this brilliant site, i sent a cca request to Littlewoods, any advice would be greatly appreciated, this is what they sent in reply to my request.

 

http://

 

http://

 

many thanks

casper7

[B3rty]

Its doesn't contain anything!! let alone prescibed terms so not enforcable...

 

Try this letter which works for me

 

Dear Sir/Madam

 

Re:− Account/Reference

 

ACCOUNT IN DISPUTE

 

I have received the documents you sent and in the accompanying letter you you have confirmed this to be a true copy of the credit agreement that exists in relation to this account. As you have sent this document in response to a formal request under Section 78 (1) of the Consumer Credit Act 1974, this statement is now binding on you as per section 172 of the Act.

 

I must inform you that the information received does not meet the requirements of a properly executed credit agreement under the 1974 Act.The document received does not contain any of the prescribed terms as set out in the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) Schedule 6 Column 2.

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974

 

 

The absence of a properly executed credit agreement prevents you from:

• Adding interest to the account
  
• Taking any enforcement action on the account
  
• Issuing any default notices or registering any default marker with a credit reference agency
  

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

 

 

 

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

• The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid
  

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

• Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.
  

I would also point out that if you continue to pursue me for this debt while it is dispute you will be in breach of the OFT guidelines.

 

 

 

 

What I Require

• I require all correspondence in writing from here on; any persistent attempts to contact me by phone will be reported to trading standards
  
• I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case.
  

Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable it would be in everyone’s interest to consider the matter closed and for you to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

 

Yours Faithfully

Your name

Name

[alfwithhair]

also the date they say the account was opened in their letter and the date on the bog paper agreement don't match

[casper7]

Thank you soooo much for replying will get onto that letter tomorrow, once again many thanks

 

casper7

[The GodMother]

Your piece of bog paper is completly unenforcable as they have not listed T&Cs or even got the date right.

 

Keep hold of the piece of bog paper DONT flush it away.

[casper7]

Thank you GodMother for your reply, all advice gratefully received.

B3rty - letter posted today recorded delivery thank you very much.

Will keep this thread updated, thank you all

[The GodMother]

YW

[casper7]

Hi all

 

just a quick update yesterday i received a letter from NDR (dated 23rd January) saying they are about to issue a statutory default notice and today i received a letter from shop direct (dated 24th January) containing a statement and charges. I sent B3RTYs letter recorded on 21st Jan but its still not showing on royal mail website, do i just wait for them to reply to that letter? or do i need to write to them again? Any help would be truly appreciated.

 

many thanks

casper7

[389shell]

Recorded delivery is not guaranteed, so I would pop another in the post to them, if it makes you feel better, send it by a guaranteed method. Littlewoods will be kicking themselves, the paper is worth more to them than their agreements!

[The GodMother]

Your call really. Just remember it can take a while for it to show up on the system.

[casper7]

Thank you very much 389shell and GM for your replies much appreciated.

 

thanks casper7

[389shell]

No problem, but just remember, the agreement they have is laughable, they don't have a leg to stand on.

 

They didn't even bother replying at all to my hubby, they haven't even chased him for payment since he CCA'd them over 12 months ago.

[The GodMother]

to one of mine they sent a letter saying we cant find it to another of mine they sent a cca but it just does not have my signature and could have been written the day b4 they posted it. I sent non compliance letters and over a year on no cca.

[casper7]

Hi all

 

yesterday i received this letter from Littlewoods (have to type it scanner playin up)

 

Dear Casper7

 

With reference to your letter dated 21/01/2009. I can confirm that we will not be pursuing the above account for the outstanding balance of £***.

As the debt remains unsatisfied, this will be noted on our internal file for future reference.

This information will also form part of your records at the Credit Reference Agencies, where we share information. This information will remain on your Credit Reference file for 6 years.

If you are charged interest on your account, any future charges will no longer be applied.

 

Yours Sincerely

 

Name

Admin Support Team

 

Do i leave it at that now? any comments would be greatly appreciated.

 

I want to thank you all for helping me with this i couldnt have done it without you or this site.

[version302003]

I recieved the same reply but they will continue unfortunately . Once Ive dealt with JD williams Im gonna deal with them but for now they continue to send statements / letters etc even tho they aren't pursuing

[loobyloo35]

I have received a photocopy of a form that includes my name and date and adress with account number but thats' it!

 

I have written to them to say its unenforceable so will see what that brings!

[Shawn0109]

I must say thats a very nice application form they sent looks like they have messed up there even the dates are wrong, unenforceable.

[casper7]

Thank you all for answering. Version302003 i actually had a phone call off them today! hubby answered and told them account was closed and she said ohh yes its on computer! sorry for calling, even though she should not have discussed this with my husband. Loobyloo35 i wish you all the very best and hope you get it sorted. Shawn0109 thank you for your input, i really cant thank this site enough, it really has given me the confidence to fight back.

 

once again thank you all

 

casper7

[B3rty]

Thats great news...that letters worked for me a few times now although the defaults are still there.

[cadencealex]

Subscribing - I shall be sending Capital One a similar letter I think.

 

Well done - now work on getting your Default removed

[B3rty]

Easier said than done...I dont know anyone who's managed to do this for a non production of a valid CCA as the debt still stands?

[cadencealex]

Easier said than done...I dont know anyone who's managed to do this for a non production of a valid CCA as the debt still stands?

 

 

 

One guy on here had 9 removed with a stern letter... only one left for him to work on, but he says its going to be a tough one to get removed

[B3rty]

Got a link to theat thread?

[cadencealex]

Got a link to theat thread?

 

Yup

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/182937-default-notice-removal.html

[B3rty]

Thanks..