Problems with Littlewoods Direct

[garn666]

I wonder if you lovely people can give me some advice/help

 

Basically i sent a letter to Littlewoods Direct dated 02/08/09 offering them a lower payment of £35 every month. They replied saying they accept and after speaking to somebody on the phone the first payment was due to come out in the 1st of September by standing order. Everything is going fine until i get a letter through in December saying they havnt recieved any payments for me since July 08 so i rang them up, they person on the phone confirmed the letter they sent was correct and they hadnt recieved anything so i told them i had been on a repayment plan since September 1st. After more faffing about by them they said i need to ring the missing payments department which i did and they managed to locate the 3 missing payments (from my agreed repayment plan) and said they credited them back to my account. My repayment plan has since ended at the start of last month but my account is still looking no better this leads me onto my main thing i need help with.

 

Upon checking my statements for the last 6 months i have seen i have been getting charges left right and center:

 

August 08 - 2 x Admin charge of £12

September 08 - 1 x Admin charge of £12

October 08 - 1 x Missed payment charge of £12

November 08 -1 x Missed payment charge of £12

December 08 -1 x Debt recovery letter charge of £12

January 09 - 1 x Debt recovery letter charge of £12

March 09 - 1 x Debt recovery letter charge of £12

 

The march charge makes me laugh because i paid them the agreed ammount on the 1st and they still sent me a letter saying i owe them so much and need to pay now etc.

 

One more thing confuses me aswell. My Febuary 09 statement has 2 administration charges credited to my account. 1 is for £20 and 1 is for £40

 

I still cant afford to make my minimum payment but what do you reckon my next move should be ?

[version302003]

When did you open the account roughly? It maybe that your best move if possible would be to cca them but would need to know the year in which you started an account with littlwoods.

[garn666]

i opened the account in 2006. I dont no much about this CCA stuff, i thought it only applied to bank charges

[version302003]

i opened the account in 2006. I dont no much about this CCA stuff, i thought it only applied to bank charges

 

The CCA does not apply to bank charges only loans, credit cards, mail order catalogues etc. Anything with a credit agreement.

 

I would ask them for a copy of your CCA. Send the letter below with a £1 postal order. Don't sign it.

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.78(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.78(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

[garn666]

so i can still do this even though ive been on a agreed repayment plan with them for about 6months yeah? if so ill print it off and send it asap. If they cant produce my credit agreement what happens next?

[version302003]

Yes, you can do it anytime. If they don't have a cca then you will dispute the debt.

 

Post back here when they have replied to your cca request with what they say

[garn666]

ok i will do, im gonna send it off asap. Finally am i to stop all payments whilst this is going on? sorry to act like a proper noob, just wanna do it correctly

[Conniff]

No - you must keep up payments until the account is put into dispute.