Another newbie in need of help

[toon690]

Hello all and where do i start.After months of sticking head in sand ive decided to do something about the bully boy tactics regarding littlewoods.Today ive recieved a letter from the wonderfull Bryan Carter & co giving me 7 days to pay the debt plus extras added by them on a debt i was disputing in first place.Problem being i know they aint/wont have a signed CCA since the account in dispute was made with Marshall Ward over 20 years ago and was never signed in first place.However this so called solicitors are threatening to issue procceedings if they dont hear from me or if i dont ring fredrickson international within 7 days,any help would be greatly appreciated..can scan and post letter i just recieved if needed.....

 

many thanks

Mick

[lowwill]

toon690 the first thing is to try and stay calm, don't get angry as they say but work to get even. Most of these letters are threats purely on paper in an effort to get you to jump through hoops. Look on the forum for the letters page and find one which fits your case. They are free and have been put together by some great guys on here, once you have found one modify it to suit your needs and then I would post if to the offending company, do not sign it but type your name and send it recorded so they have to sign for it. You keep a recod of the letter as well and a copy of the one they sent you.

A lesson I have learnt is to be meticulous and keep records of everything even the envelopes these people send the letters in.

Someone will always answer you and the advice on here is second to none. Keep in touch.

[Pinky69]

As you say there is no agreement but I think you have to call their bluff on that and send them a CCA request so they know that you know there is no agreement, then you can tell them to get lost. If you need the letter, let us know.

[toon690]

Thanks for the quick replies its good to know people can help..Question i got is who do i send the CCA request too,,do i send it to Carters,Littlewoods or Fredericks...Sorry to be so dumb but i am so go slow...

[Pinky69]

Carters will be acting on behalf of Frederickson so send it to Frederickson.

[lowwill]

I think it would be Frederickson but a copy to Carter ie cc would not go amiss.

[toon690]

So i just send a standard CCA request to Frederickson and i take it i wait for the 12+2 days also on the postal order do i make that payable to Frederickson too,,sorry for sounding daft just have to do this right and no good with this legal malarky:smile:

[Pinky69]

Payable to Frederickson. Don't put your signature on the letter - just print or put your initials. It is not unknown for DCAs to forge the signature on the letter and costruct an agreement if they do not have one.

[babybear39]

Get the PO made payable to freds and keep a copy of the serial number to check if they cash it

[toon690]

ok here is the CCA request im using will post it first thing monday.....btw thanks again:grin:

 

Your name address & date.

Dear Sir / Madam,

 

Re:− Your Account ref no.

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a Signed true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (enter date) , I will have no hesitation in passing your details to the Office of Fair Trading.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

You are aware that this request must be complied with within the next 12 days allowing a further 2 days for postage, I therefore look forward to your response within the next 14 days.

 

 

Yours faithfully (Print name or sign in a style that differs from your usual signature)

[toon690]

Ok just an update,recieved a letter from Bryan Carter and Co stating that the account is on hold till they get intouch with there clients,,thing is the 14 days are up on monday what do i do from there or do i wait for them to get in touch again???

[babybear39]

Wait for them to contact you

[lowwill]

I've had similar letters in the past, it means I think you will find they are struggling to find the CCA, sit it out and let them do the worrying. Keep the letters though and put them with any previous ones you have and those you have sent. It is also wise to keep the envelopes, not many people check the date stamp on the envelope and on the letter, it is a ploy by these crooks to scare you when the letter was written 5 days ago and posted yesterday. I recently was in court to get a S.D. squashed and my portfolio of letters to and from helped my case. Good Luck, it's their problem at the moment so enjoy the breathing space.

[toon690]

Had a funny one yesterday a bit off topic but thought i would share,,had a phonecall from a DCA on behalf of lowells about a debt in 98,,,funny thing is im xdirectory and number dont show when i ring out,,,i called lowells and they had 3 numbers for me,,i didnt give them and they were also old numbers that were ex directory told them to remove them and changed number with bt again,,the cheek of it.....

[toon690]

Ok then here we go again,got a reply from someone in the debit sale management team and basically it says:

 

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

 

Unfortunatley we are unable to locate a copy of an executed agreement,but for your information 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 account was opened on 07/10/1983.You agreed to make payments every 28 days.

 

The oustanding balance is currently £1856.50.Our records show that £0.00 in payments have been made within the last 12 months..

 

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

 

Yours Sincerely

 

Julie Bracewell

Debt sales management team

 

 

ok so ive got a copy of a blank credit agreement and it aint even the original one.Could do with some help its took them over 3 months to come up with this...

 

Thanks in advance whats my next step.

[babybear39]

You should find a good basis for your letter in this section here;

 

The Consumer Forums - Debt collectors

 

Amend to auit, send recorded keeping a copy with your postal receipt, print your name do not sign.

[toon690]

Ok what letter amongst that lot would it be and what do i need to put in it im lost,,also have they got a case or not

 

thanks in advance:-)

[babybear39]

Letter 9 seems to fit the bill quite nicely here, just amend to suit

[toon690]

Problem being if it is a problem they dont actually state that the agreement they sent is the one its just a copy of the one they use now "This version includes all contractual variations which have taken place"

So im not sure on the wording do they confirm or not because if they dont then i cant say that since you have confirmed if you get me drift.

 

Thanks for the help it is appreciated.

[babybear39]

If has none of your details on it, it could refer to your neighbour's cat as far as you're concerned

[babybear39]

If they've threatend you with legal action you could go the CPR route.

[toon690]

Funny that my neighbours cat use's Kays not Littlewoods.

 

They aint threatend legal action allthough phoenix/carter did till they put it on hold then this gumpf from littlewoods.All they sent was a 2 page credit agreement which im guessing is the one they use now and the letter which i typed out in an earlier post.So basically they trying to pull a fast one as far as i can see because as far as i understand no signed CCA then no proof debt is mine regardless of what info and spiel they send am i correct on that?...

 

Thanks again.

[babybear39]

No CCA is a complete defence at law. Ask them if this document is the one they'd rely on in court

[toon690]

Wonder if someone could draft some sort of letter to them im no good at this stuff,,only stuff i do know is stuff ive read around the web and have no idea on legal ins and outs etc...

 

Help appreciated,,

 

many thanks:-)

[babybear39]

As previously stated in post #18, amend and use that letter