Littlewoods Scrub Debt

[bonzo007]

After following the various procedures as described on this great site & using the template letters available here Littlewoods have agreed that there is no CCA & as such they will not be pursuing any outstanding debt on my account, however they have said that despite the debt being unenforcable they still consider that the debt does exist so therefore will be informing the various credit agencies, they also said that they reserve the right to enforce the debt should they happen to find the CCA at a leter date, please advise?

Is there a template letter I can use please?

[Michael Browne]

however they have said that despite the debt being unenforcable they still consider that the debt does exist so therefore will be informing the various credit agencies, they also said that they reserve the right to enforce the debt should they happen to find the CCA at a leter date, please advise?

They're right. There seems to be a common misconception that where there is no CCA and therefore an unenforceable debt, that the debt just disappears as if it never existed.

[Nagasis]

Send them a section 10 Notice and ask them to provide the document where you gave and they sort permission to process and share your personal data.

[bonzo007]

I will do, thank you very much.

[maroondevo52]

Hi, bonzo007.

 

Some info regarding the CCA.................

 

A debt becomes unenforceable under the CCA if a creditor does not supply a true copy of the signed credit agreement within 12 working days of it being requested.

 

The debt remains unenforceable for as long as the creditor fails to produce the signed credit agreement – this means if they produce the agreement some months down the line, they are quite within their rights to enforce it. They do not need to take any further action to enforce the debt. A debtor cannot take any action against the creditor for failing to produce the signed credit agreement within the prescribed time, because that is up to the agencies that the offence has been reported to. Any sanctions that may be imposed are at the discretion of these agencies, and it is not a matter that the debtor can take to the civil court.

 

Issuing a court claim for non-compliance of a CCA request in all probability achieves nothing to benefit to the debtor, as a court claim is likely to spur a detailed search which could well end up with them producing a perfectly acceptable original signed agreement in court – which would result in the debtor losing the case, and being made liable for the creditor’s costs.

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, the debtor may now however be in a good position to make a full and final offer to clear the debt.

 

Regards.

 

Scott.

[guzzleguts]

Its the normal guff they spew out when they know there is no chance of enforcement, i got the same letter, then they tried to pass the debt on to 2 DCA's, i just sent them a get lost letter and a copy of the letter that littewoods sent stating they had no CCA, its gone quiet now:D

 

Good luck GG

[bonzo007]

So am I right in thinking that as they ave not produced a CCA & they have admitted this in writing, also that they have admitted in writing that the debt is not enforcable that I am within my rights to issue a section 10 in respect of my data being passed on etc because if they have no signed agreement then there is no debt & if there is no debt how can I be reported to credit agencies etc, how can I have breached a contract that does not exist, how can they share my data without my permision?

[guzzleguts]

I agree, but they havent removed mine from the CRA, and what's more they have stated they wont do!

 

I am dealing with the ICO at the min and will let you know the outcome.

 

Thanks GG

[bonzo007]

Yes Please do, thank you.

[khan0758]

Send them a section 10 Notice and ask them to provide the document where you gave and they sort permission to process and share your personal data.

 

Hi it would seem i am in a similar situation does anyone have the link for the section 10 notice?

Cheers Khan

[gunnersden]

I am also in the same position and have also been advised by Littlewoods I can now take my complaint to FOS. Is it worth sending them a letter quoting section 10 before I go to FOS.

 

PS

 

Does anyone have a letter template that quotes section 10

[supasta1]

Just put the following in your letter with regard to section 10 notice:-

 

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.

They don't really take much notice of this though but best of luck!!!!

 

 

 

[borolad63]

What and where do I find out what section 10 notice?

Thanks

[Nagasis]

What and where do I find out what section 10 notice?

Thanks

 

 

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