Littlewoods debt - where do i start?

[Zorro01]

Try giving the CCCS a call after you have requested and recieved / not recieved your CCA from Littlewoods.

They have been nothing but totally and utterly unhelpful towards me so don't expect them to care in the slightest about anything you say and they will keep adding charges if you don't meet their minimum payment but don't be put off by their charges and rubbish letters and threats as they seem to adopt this method as standard (in my case anyway). I myself have just complained to the ombudsman on behalf of my mother because they were harrassing her and I myself have sent off a CCA request today so now it is up to them to prove all this evidence about said debt and from there you can consider you plan of attack going forward.

If you want any other info regarding littlewoods reclaiming (as i am in this process on behalf of my mum) etc then give me a shout but like I say just get the CCA first and take it from there.

 

Good luck

Edited May 21, 2009 by KevMall

[Zorro01]

Go to the CCCS and then set up a token payment via them. If LW don't have a credit agreement then they can't demand payment and you don;t have to pay them a penny if they can't provide a valid CCA. By not providing you with the CCA makes the alledged debt UNenforceable at law. If they don't have it then they can't make you pay.

I got them to write off over £5k worth of debt by doing this. They won't play ball though so be prepared for a fight. Send them the Account in dispute letter from the templates libaray and then await there response.

[Zorro01]

The way I would do it is. If they have failed to send you a Consumer credit agreement like you requested then the debt is unenforcable so I would send them an account in dispute letter from the templates section (amend to suit) and then it is upto you.... Pay them what you are paying now or don't pay them anything. They can't add charges and interest and they can't pass your details on to credit refence agencies or debt collection companies.

the simple fact is if they haven't got a signed CCA then you can tell them to get stuffed and sit back and put your feet up.

Maybe send them something like this.

 

 

Account in Dispute

 

Ref / Account number:

 

Dear Sir/Madam

 

Re: My request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An unsigned credit agreement with no details relating to myself, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

 

You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

You now have until xx/xx/xxxx to comply with my request. Should you fail to provide me with a true copy of a properly executed credit agreement by this date; your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me at the earliest convenience.

 

 

I look forward to your reply.

 

Yours faithfully

 

 

PRINT YOUR NAME HEAR *DO NOT SIGN ANY LETTERS TO THEM*

Edited July 24, 2009 by Zorro01
Left personal detail on the letter (school boy error)

[Zorro01]

p.s - make sure you send it recorded (that goes for everything you do in relation to these companies) don't agree to anything over the phone and get everything in writing. Infact just tell them to communicate in writing only if they start houding you.

And please remember not to sign the letters you send only print it.

Good luck. If you need any further help then just post.

[Zorro01]

I asked the same question to someone a while back and was told it all depends how much you care about your credit file. I for one (as I am in the exact same position) do not care about my credit file that much as I don't want credit again.

Up to you though but i suspect they will tell you they have an obligation to warn other creditors about you.

[Zorro01]

yeah they sent me one but again like you after they told me they can't enforce nor are going to pursue the debt. they since told me they are in the process of selling the debt on lol. i am glad i recorded that call because the account is / was in dispute and they aren't suppose to sell on any debts especially when they cant enforce it. I still get the occassional letter telling me that I am in arrears and they are still adding charges to the monies owed but i just ignore them and if they wanna take me to court then I have a heap of evidence to show to the judge.

My opinon is if they can't enforce it then just ignore all their letters.