Advice needed for Littlewoods Account

[khan0758]

I would appreciate advice on this matter,currently been with this catalogue for approx 9 yrs.

My balance is £2800 and last payment i made was in December 2008.

I have been defaulted about 4 times each time charged £12.

The account has now been passed to a debt collection agency namely,NDR and in arrears of about £400.

Do they need a credit agreement to enforce this?

Could somebody be kind enough to let me know my options as i am having difficulty paying the monthly instalments at present and would appreciate any template letterers i could use.

[silverfox1961]

Have a look here:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Letter "N" is the one you need to request a copy of any agreement but have a look at some of the other letters too. They can be very useful ingetting a lower payment accepted

[khan0758]

Have a look here:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

Letter "N" is the one you need to request a copy of any agreement but have a look at some of the other letters too. They can be very useful ingetting a lower payment accepted

 

Hi,thank you for your response could you also clarify that letter n requires a £1 postal order?

Khan

[silverfox1961]

Yes, send a £1 postal order (this is the statutory fee)

DO NOT sign anything, just print your name

send the letter by recorded delivery

They have 12+2 working days to respond (the +2 is for delivery)

[khan0758]

Cheers for that wil let you know how i get on

Khan

[khan0758]

Hello all i am writing up the letter for request of signature on consumer agreement 1974.

Does anyone have the address for Littlewoods Direct??

[khan0758]

Well i have received a response from Littlewoods as follows:

"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 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 in 1996.You agreed to make payments every 28 days.

The outstanding balance is £2800 and you have made £800 in payments in the last 12 months.

In accordance with the terms of the catalogue statements are issued every 28 days."

Its clearly obvious they have no copy of agreement as there was not one in the first place,they have also enclosed a credit agreement regulated by the consumer credit act 1974 for my reference,clearly all fields are blank ie Name,surname,Address,signature etc.

Would appreciate advice as to my next course of action??

Khan

[version302003]

Well i have received a response from Littlewoods as follows:

"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 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 in 1996.You agreed to make payments every 28 days.

The outstanding balance is £2800 and you have made £800 in payments in the last 12 months.

In accordance with the terms of the catalogue statements are issued every 28 days."

Its clearly obvious they have no copy of agreement as there was not one in the first place,they have also enclosed a credit agreement regulated by the consumer credit act 1974 for my reference,clearly all fields are blank ie Name,surname,Address,signature etc.

Would appreciate advice as to my next course of action??

Khan

 

 

thats good news. They have confirmed (like with most people) that they do not hold a copy of your agreement. Keep that safe. Now send the account in dispute letter.

[khan0758]

thats good news. They have confirmed (like with most people) that they do not hold a copy of your agreement. Keep that safe. Now send the account in dispute letter.

 

Thank you for your prompt response found the relevant letter and have my response here

 

Dear Sir/Madam,

Re:- Account/Reference xxxxxxx

Thank you for your letter dated 31/03/09,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 agreement for the above account.

On 24/03/09 I made a formal request for a true signed agreement for the alleged amount under the 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 will enter a default on 15/04/09.

You have provided me with a blank copy of agreement. As such I can only assume no contract was signed by myself. As you are no doubt aware.

Furthermore your actions arguably do not comply with the Office Of Fair Trading Debt collection Guidelines of July 2003,in that you have communicated in an inaccurate or misleading manner (section 2.1) by presenting information in that creates a false or misleading impression and failing to provide information on the status of debts.

The document that you are obliged to send me is a true copy of the executed agreement that contained all 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 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 agreement to be carried out before your client enters into a default situation.

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 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 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

[Liamsbab]

Have you had a reply to the above letter from Littlewoods? I am just about to send the same letter to them, as they could not supply me with a CCA just sent me the same letters as they sent you.

 

They are also phoning me about twice a day also, which is getting a bit annoying:mad:

[AA99]

Have you had a reply to the above letter from Littlewoods? I am just about to send the same letter to them, as they could not supply me with a CCA just sent me the same letters as they sent you.

 

They are also phoning me about twice a day also, which is getting a bit annoying:mad:

 

 

They're also charging me £10 a call to phone me Catalogue shopping used to be so cheap and easy - now, with those 39% interest rates:roll:!!!

[guzzleguts]

They are phoning because they are desperate, they have no agreement and no chance of enforcement.

 

They will pass it around the pond life of DCA's until they get tired, keep the letter that states they have no agreement and send a copy to each DCA that crawls out of the woodwork, but they will refuse to take any adverse data off of the CRA.

 

Thats where im at anyway.

 

GG

[Liamsbab]

Thanks for the info;) At the same time as sending the Littlewoods CCA letter, I also sent Additions the same request for a CCA. I have had no reply from them and they received the request on the 3rd April. I have only had a letter telling me that i am in arrears and i need to pay x amount etc. They have received the letter as i have checked on the Royal Mail tracking facility, what do i now?

[guzzleguts]

If they are passed 12+2 days, then send them the dipute letter, if you havent got one, let me know and il pinch one from somewhere.

 

Or someone else will post one up if i do not see you in time.

 

GG

[khan0758]

Hello chaps i have had an update as follows:

 

Dear Mr X,

 

Further to your letter on x-x-x,concerning your complaint in relation to a copy of your Credit Agreement,please accept our apologies that you found it necessary to complain.

 

In the interests of improving the service we offer to our customers,all complaints received are taken very seriously and a full investigation is always carried out.

 

Our understanding of your complaint is as follows:

 

You have stated that the debt is unenforceable in the absence of a Credit Agreement.

 

We have made a full investigation,assessed your concerns and can confirm our finding as follows:

 

I can confirm that we are unable to locate a copy of your original signed Credit Agreement. Hence will not be pursing this account for the outstanding balance of £x.However,if we mange to locate this agreement,we reserve the right to recommence collection activity.

 

I should explain that,whilst a court has power (under section 127 of the consumer Credit Act 1974) to decide that we can not enforce the agreement,it does not mean the debt does not exist.

There is clear evidence of a credit based relationship between ourselves and you.

 

By providing your information to us for the purpose of ordering goods and opening a credit account,you have given your consent to us processing your information.

We outlined how we would use this information in our data protection policy at the time you opened the account.

 

The policy also specifies that we will share information with credit reference agencies regarding the performance of your account. The historical record of the transactions on your account is accurate and it will remain on the files of the Credit Reference Agencies.

 

As this debt will remain unsatisfied,this will 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 yrs.

 

I can confirm this letter concludes our investigation into your complaint.

I hope our explanation meets your satisfaction however if this is not the case,you can refer this matter to (FOS).Please note if you do this it needs to be done within 6 months.They will require you to confirm that we have issued you with a final response.

 

Well there you have it they admit they don't have the Agreement so hence is unenforceable. My concerns are now with the credit reference agency as i don't see why i have been defaulted if the debt is unenforceable and would need some clarification on the matter?

Also i had a separate letter from littlewoods who must think i am daft lol asking that i am entitled to win an amount between £15-1000 and to sign the paper and to post back to claim this surely this is there attempt of fraud in order to obtain my signature???

[Nagasis]

Thats good news about the cca, however littlewoods will continue to report on your credit file no matter what you do or say to them. they will completely ignore you on that matter unless you file at court.

 

In my case they immediately placed an 'AR' (arrangement to pay) on my credit report at the point of asking for my cca even tho I wasnt behind with any payments thereby knowingly providing false info to the CRA's.

[silverfox1961]

Hi again

 

NEVER sign anything for a catalogue company again unless you are sure they're not related to littlewoods.

 

It is a win of sorts but your credit rating will be stuffed until the 6 year mark

 

As far as I'm concerned the ICO are next to useless in these matters and the only recourse you have is to haul their sorry asses through the courts.

 

No CCA= no right to be processing data

[khan0758]

Have you had a reply to the above letter from Littlewoods? I am just about to send the same letter to them, as they could not supply me with a CCA just sent me the same letters as they sent you.

 

They are also phoning me about twice a day also, which is getting a bit annoying:mad:

 

Hello have a look at my last post

They never called me, actually i would advise you tell them if they don't stop harassing you,it will be reported to the relevant authorities in writing

[khan0758]

They're also charging me £10 a call to phone me Catalogue shopping used to be so cheap and easy - now, with those 39% interest rates:roll:!!!

 

Surely they cant do that? charge to call you that is ridiculous!

[khan0758]

Hi again

 

NEVER sign anything for a catalogue company again unless you are sure they're not related to littlewoods.

 

It is a win of sorts but your credit rating will be stuffed until the 6 year mark

 

As far as I'm concerned the ICO are next to useless in these matters and the only recourse you have is to haul their sorry asses through the courts.

 

No CCA= no right to be processing data

 

Hello, surely they can not carry on defaulting you on a account where the debt is unenforceable?

Would anybody know which route to go regarding this other than court?

[silverfox1961]

Hello, surely they can not carry on defaulting you on a account where the debt is unenforceable?

Would anybody know which route to go regarding this other than court?

 

You know it, I know it and they know it It is a creditors last means of exerting power over you. They will argue that as you had the goods then a relationship was formed and as such they have the right to place whatever they like on the files of a CRA, agreement or no agreement. They seem to feel they are above the law.

I would still complain to Trading Standards and the OFT. You can go to the ICO but don't hold your breath.

 

Here is a letter you could send them demanding they stop processing data

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980.html

 

Annoying isn't it!

[Liamsbab]

If they are passed 12+2 days, then send them the dipute letter, if you havent got one, let me know and il pinch one from somewhere.

 

Or someone else will post one up if i do not see you in time.

 

GG

 

I haven't got a dispute letter, please could you direct me to one;)

[silverfox1961]

I haven't got a dispute letter, please could you direct me to one;)

 

 

Have a look at this one:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.html

 

That may do the job

 

I do recommend you start a new thread instead of posting on this one. When you need real help it may not be forthcoming

[guzzleguts]

Thanks silverfox

[khan0758]

You know it, I know it and they know it It is a creditors last means of exerting power over you. They will argue that as you had the goods then a relationship was formed and as such they have the right to place whatever they like on the files of a CRA, agreement or no agreement. They seem to feel they are above the law.

I would still complain to Trading Standards and the OFT. You can go to the ICO but don't hold your breath.

 

Here is a letter you could send them demanding they stop processing data

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980.html

 

Annoying isn't it!

 

Thanks for that will give it a go