I've CCA Littlewoods how long have they got to reply?

[ccjjl82]

Basa, I am not sure on that one. I know that you can add your 8% to monies that you wrongfully paid them, as you really were out of pocket. Anybody know any further on this?

 

 

Quick update with littlewoods: Recieved as statement off NDR (they are part of shop direct) with, and can you believe it, charges for non payment!

So I was straight on the phone, explained to the 'advisor' as she kept calling herself, that the account was placed in default in april, therefore it is an offence to place charges and make request for payment. She said if I dont pay it will mark my credit file. I replied that was an offence too. But this lady was adamant that it wasnt and that I dont have a leg to stand on and she said I quote 'what do you want us to do, say oohhh we are so scared, there you go dont pay us anything' So I merely explained go and do your homework on the CCA 1974, and you will find that even if you were to take me to court, with out the credit agreement I requested, I DONT have to pay you anything. Goodbye.

So I am sending another account in default letter today, with a request they advise their advisors of legal obligations regarding CCA 1974.

[ccjjl82]

Just checked and my letter still hasnt been recieved I hope Royal Mail havent lost this one as well. Or maybe Shop Direct are just not accepting them!

Recieved a letter off NDR this morning saying that I have failed to respond to repeated requests to pay (they havent contacted me once!) and they are about to issue a Statutory Default Notice unless I pay all £1100 back within 14 days!

My my, they make me laugh. Its funny the letter is dated the same day as our telephone call when I informed them the account is in dispute/default as I havent recieved my CCA.

Should I send them a copy of the 'I acknowledge no debt' debt?

[basa48]

Just checked and my letter still hasnt been recieved I hope Royal Mail havent lost this one as well. Or maybe Shop Direct are just not accepting them!

Recieved a letter off NDR this morning saying that I have failed to respond to repeated requests to pay (they havent contacted me once!) and they are about to issue a Statutory Default Notice unless I pay all £1100 back within 14 days!

My my, they make me laugh. Its funny the letter is dated the same day as our telephone call when I informed them the account is in dispute/default as I havent recieved my CCA.

Should I send them a copy of the 'I acknowledge no debt' debt?

 

As I recall a couple of my registered letters to Shop Direct were never recorded as delivered. I know they were though because they responded - eventually.

 

I think it is time you got on the offensive.

 

I assume NDR are an agency for Shop Direct - I've never had anything from them.

 

Remind NDR that you are waiting for a copy of your CCA (you might ask them for a copy too) and until it arrives Littlewoods/Shop Direct are in default as per s.78(6) of the Act and may not pass the account to third parties for enforcement. Any enforcement activities may be regarded as harassment.

 

Write also to Shop Direct explaining that whilst they are in default they are limited as to what enforcement and collection actions they may pursue. Suggest they should either supply an agreement or agree to mark the account as settled and return any late payment charges and interest you have paid to the account. Say that they should do this to avoid any possible court costs of you having the agreement declared unenforceable.

 

Incidentally Shop Direct have not responded to my request to remove the DN so I am now sending my letter before action.

[clemma]

Send NDR this nice little "bemused" letter

 

ACCOUNT IN DISPUTE

 

Your Reference:

Client reference:

 

 

Dear Sir or Madam,

 

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with ***OC*** and has been since ***Date***

 

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

 

As ***OC*** is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to ***OC*** for resolution of these defaults and breaches, as ***DCA*** cannot lawfully pursue any enforcement activities.

 

If ***DCA***chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

 

Yours faithfully

Print do not sign your name

[basa48]

This might seem an odd question .... but would it be right to take a creditor to court to ask for rights of parties under s142 CCA 1974 after they have admitted in writing they do not have a properly executed credit agreement.

 

Surely the judge could argue "if there is no agreement, how can I declare rights of parties to it?"

[ccjjl82]

Well a bit of an update:

Recieved a phone call off Littlewoods, some young lad talking about my CCA. He said I have recieved it, as 2 got sent out. I asked him why they werent sent recorded delivery then because I definately havent recieved them. He then put me on hold, came back and muttered something about phoning a number because he doesnt know what has happened Called the number he gave me, got put through to the directors office only to be told I need to phone a different number. Called that number explained again, they said they will investigate. I dont actually think they understand anything!

They recieved my letter last week, and in reply I got a lovely letter saying thankyou for writing about your concerns re your CCA we will investigate your complaint and respond within x amount of weeks!!

 

I am due a statement off NDR (yes they are the in house collector for Shop Direct) and if there are more charges I might just send them the nice letter!

[basa48]

Well looks like Littlewoods will be meeting me face to face in court.

 

They have until weekend to respond to my 'letter before action' or the PoC goes!!!

[ccjjl82]

Basa, good luck with your case! I hope you show them they cant walk all over their 'customers'!

I dont think I can take them to court can I? My initial claim was for their PPI, which they have yet to prove I wanted and agreed to, which is why I CCA them in the first place.

Maybe a LBA might scare them a little?!

[basa48]

Basa, good luck with your case! I hope you show them they cant walk all over their 'customers'!

I dont think I can take them to court can I? My initial claim was for their PPI, which they have yet to prove I wanted and agreed to, which is why I CCA them in the first place.

Maybe a LBA might scare them a little?!

 

So do I. I can't really see things going the whole nine yards though. With the stupid document they call an agreement plus letters admitting they haven't got an agreement, what are they going to argue??

 

I have never asked for PPI and have never been charged premiums on any of my CC accounts so I've never really looked into the PPI angle - sorry.

 

I'm pretty sure if you can show you've been charged for PPI you never requested you have an excellent case, but I honestly don't know what the outcomes of such cases are. i.e. get the debt made unenforceable or such.

[ccjjl82]

Haha, recieved a statement, and they have stopped non-payment charges. They may be getting the message now I think!

But they still have my £1 for my CCA, so I am now going to write a letter requesting it back, and ask them to remove my data etc. Do you think I should put interest on my £1?:lol:

[ccjjl82]

Very good news!!

Recieved a letter this morning saying that they wont be enforcing the debt! So finally they have admitted they have no agreement for me.

The £1 fee has been credited to my account. Is this the norm, could I actually ask for it back?

They have also said that they have put a default notice on my credit file as the debt is unsatisfied. Although they have no agreement, I have ordered goods therefore gave them permission to process my data.

This isnt allowed is it? I never signed anything to say they could do this. I am going to write to them, but I dont know what to say. Any help?

Thanks,

c

[basa48]

Very good news!!

Recieved a letter this morning saying that they wont be enforcing the debt! So finally they have admitted they have no agreement for me.

The £1 fee has been credited to my account. Is this the norm, could I actually ask for it back?

They have also said that they have put a default notice on my credit file as the debt is unsatisfied. Although they have no agreement, I have ordered goods therefore gave them permission to process my data.

This isnt allowed is it? I never signed anything to say they could do this. I am going to write to them, but I dont know what to say. Any help?

Thanks,

c

 

Exactly what happened to me! Letter saying they have no agreement, followed up with a DN!

 

I issued a claim against them asking for unenforceability, removal of DN, repayment of interest and damages for the DN.

 

They have yet to acknowledge or defend. The clock is ticking.

[intree]

when were your accounts opened - I have one from 2006 just having probs now.

[ccjjl82]

when were your accounts opened - I have one from 2006 just having probs now.

Opened mine back in 2001. From what I've heard this is the norm for Littlewoods!

Drafting a letter to them now, put something along the lines of:

...due to the absence of an agreement, it is justifiable that I demand the removal of the default notice from my credit file. A body may only process a clients data if they have signed authority from that person, that of which you do not have as you have admitted you do not have my agreement, understandibly because I did not sign one. Simply ordering goods, as you have stated, does NOT give you the power or right to process my data, including that to credit reference agencys. I also request the return of my £1 fee, as it was to be soley used for a copy of my agreement. As you could not provide me with a copy, this does not give you the right to take that money as a payment to the account as it was not offered to you as a payment....

 

What do you think? Anymore I should add? I have also put in to remove DN within 7 days or will be reporting and seeking compo.:grin:

[basa48]

My (actually the OHs) was opened pre 1999.

 

I have just made a request for default judgement in this case. I had no response from Littlewoods to my claim except a letter saying they had investigated my complaint and the matter was closed.

 

Hmmm .... wonder if they'll tell that to the court?

[basa48]

My (actually the OHs) was opened pre 1999.

 

I have just made a request for default judgement in this case. I had no response from Littlewoods to my claim except a letter saying they had investigated my complaint and the matter was closed.

 

Hmmm .... wonder if they'll tell that to the court?

 

Bit of a mix up with my request for judgment

 

I made out my claim for unenforceability, return of interest (specified sum), order to remove DN and court to decide damages for DN.

 

The court made out the claim as specified amount. I didn't notice and made out my request for judgment as amount decided by court. They wouldn't accept it and I had to re-issue as specified amount.

 

So, where from here. Will a disposal hearing be scheduled or do I just get my judgement and interest back (no declaration, no DN removal and no damages)!!!

 

How would I get these sorted? Application? If so how and when?

 

Legal help please!!

 

(thread on legal section here: http://www.consumeractiongroup.co.uk/forum/legal-issues/211038-removal-unsatisfied-dns.html )

[ccjjl82]

Ok, sent letter today basically saying to remove default notice etc, said they might aswell clear the balance as its made up of the insurance that was unlawfully added. Also told them that if its not removed in 7 days,write to me and tell me why and that letter will be presented in court. And if I hear nothing within 14 days, expect a visit from the regulatory bodies.

Oh,and I've also demanded my £1 fee back!

Keep you posted!

[basa48]

Got my Judgement for Claimant (in default) today.

 

The defendant must pay my claim plus costs.

 

So how long do I wait before banging in a warrant of execution?

 

I assume this will be just the start of the fight. I expect a set-aside or suspension of warrant. How long could this go on.

 

I also need to apply for the DN to be removed plus costs for that action.

 

OMG and this is a straighforward 'No agreement' case.