Littlewoods and Great Universal CCA requests

[TickledPink]

I've got two mail order accounts on my credit file. I wrote requesting a CCA for both. What prompted it was the fact that one of the accounts, with Great Universal, isn't mine. There is a very similar address in the area and I've already had one Fraud entry corrected by Experian as it belonged to the other address.

 

Their debt collectors were informed of this some time ago and they stopped chasing me for it. However, the entry and defaults on my file continue to be updated for this account.

 

The other one, with Littlewoods, is a much larger account (£2300). However, I've also requested a copy of the CCA for this account. At the time we were using the account we were doing well with it and as a result they kept on increasing the credit limit. Unfortunately my other half also had access to the account and she doesn't have much self control when it comes to shopping. It got to the point where I could see problems ahead and during one phone call with them, I asked them to reduce the credit limit. The woman on the phone refused and practically laughed at me saying "well, just don't spend it." Great advice.

 

They've sent me the credit agreements but they're unsigned and not the originals. They're just generic.

 

Having said that, I have noticed the first entry on the agreement:

 

"Credit Limit - We will periodically fix the credit limit and notify you of it."

 

I never received any notifications to my knowledge. The first we ever knew of any change to the limit was when a statement arrived or when we logged on to my online account.

 

I have never made a payment to the Great Universal account but apparently have made a payment of £13 to the Littlewoods account in the last 12 months.

 

Where do I stand with getting these two accounts wiped out?

 

Thanks.

[cerberusalert]

How old are these accounts & did you apply for them online?

[TickledPink]

The Great Universal account isn't mine. Never had a Great Universal account.

 

The Littlewoods account is 8 years old. Not sure if I opened it online or not. I suspect I might have.

[cerberusalert]

The catalogue companies are famous for having unenforceable agreements, particularly the older ones. What they have sent you are useless, they are trying to use smoke & mirrors to convince you that they have supplied an enforceable CCA so send the 'in dispute' letter to them.

 

As for the GU catalogue, the only thing I can suggest is to write to their 'fraud department' reminding them that they have already supposedly dealt with this account.

 

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.

 

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.

 

This limit has 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.

 

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

 

PRINT NAME (DON'T SIGN)

[Satterthwaite]

Apologies for hijacking this thread, which address is best to CCA Littlewoods I am trying to help a friend who has not given me any paperwork.

 

Thanks S

[TickledPink]

The address I used was:

 

Credit Account Management

PO Box 650

Weybridge

KT13 3EN

 

I took this from my creditexpert report.

 

The address on the letter I received from Littlewoods was:

 

Littlewoods

Innovation House

Park Lane

Liverpool

L71 1LR

Edited March 7, 2009 by TickledPink

[TickledPink]

I'm getting around to writing the letters to Littlewoods/Great Universal. Unfortunately I'm in two minds as to how to approach it. Should I send a copy of the template letter to each, or send the template to Littlewoods and inform them of their error in the letter to Great Universal?

 

As they're both the same company with the same accounts department, what might happen if it goes to court, notwithstanding the fact that they can't supply the relevant CCAs? Would it seem like I'm agreeing that I had an account with Littlewoods but not with Great Universal and, as such, I am liable to pay the amount claimed by Littlewoods?

 

It's a tricky one.

[cerberusalert]

Which letters, the 'In Dispute' ?

[TickledPink]

Yes, the 'in dispute' template you kindly provided.

 

My gut feeling on the provisions of the CCA that we're working with is that it's intended, in part at least, to force creditors to prove that the account belongs to the person disputing the account and to prevent the situation I have with the Great Universal account (i.e. not mine). Therefore notwithstanding that it isn't my account, my feeling is that the 'in dispute' letter should be used for that as well as the Littlewoods account.

 

Am I right? Or wrong as usual?

[TickledPink]

Just had my first result.

 

As mentioned in one of my previous posts I had asked Littlewoods/Great Universal for copies of my credit agreement. They only supplied generic agreements. I wasn't sure what to do about it since, although the Littlewoods account was mine, I had never had a Great Universal account.

 

Anyway, just checked my Experian report again and both defaults on these accounts have been taken off.

 

Now, I've just got another four defaults and a CCJ to try and do something about.

[harrassed senior]

Well done indeed. Keep going with the help on this site we can all begin to breath a lot easier.

[TickledPink]

It's going to take some doing with some of the others, though.

 

Natwest are being particularly uncooperative at the minute. They've confirmed with Experian that I apparently owe then more than £400 (of course ignoring the fact that they owe me close to £700) and that it's all charges. Experian won't take the default off without Natwest's consent.