Few questions about CCA.

[jungle vip]

Hi all, I have 2 accounts with littlewoods, one was when littlewoods took over solution finance credit card and one with littlewoods catalogue, i am going to send a cca to both accounts because i have never signed a agreement with ether, plus i have being paying them both reguarly but when i missed a payment they come on you like a ton of bricks, first with heavy charges and secondly, constantly ringing me via a automated phone call, i've had a look at the cca letter, im not sure how to ammend it, i.e. with regards to the s77 / s78 , also do i need to send a SAR request ? many thanks and look forward to your replies.

[version302003]

You don't need to amend the standard cca request letter, just leave the s77/78.

 

Normally a subject access request would only be used to find additional info out (like charges).

 

If there are alot of charges you may want to claim it back

[jungle vip]

Hi, thanks for the reply, Am i right in thinking that the credit agreement is nul and void if no signed credit agreement can be produced ? thus cancelling all debts, or is it just a matter of reclaming the charges back that have incurred or both ?

[version302003]

They are separate issues.

 

If there is no cca (or a signed one)then the debt is unenforcable in court.

Once you have requested it and they don;t supply it within 12+2 days then send the account in dispute letter. Littlewoods normally admit they don't hold a copy.

 

To claim back charges (admin, late fee's etc) is a seperate issue.

 

Ps. If you wish to alter the cca request it's s78 for littlewoods catalogue.

Edited May 13, 2009 by version302003

[jungle vip]

Many thanks for your advice, i will repair my printer today and get a cca of to them as soon as possible, will keep updating thread with progress.

[jungle vip]

You don't need to amend the standard cca request letter, just leave the s77/78.

 

Just a queery, Should the first paragraph start as follows then ?

"This letter is a formal request pursuant to s.77/78(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"

 

on the understanding that this is being sent to the catalogue account, I dont want to send a letter with a slight mistake of wording in it due to its importance, Secondly. in relation to the second account with them how do i come on with deleting the third paragraph due to the fact that the origional credit agreement was taken with another company ( solution finance ) which was then took over by littlewoods LPF ? same again ? S77/78(1)

[Nagasis]

Simply send the letter below to who ever is asking for payment.

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number xxxxxxxxx

 

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.

 

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

[jungle vip]

Many thanks, will send today, was just queering because one account is a basic catalogue account and the other is a credit card/loan account, Will the one letter with both account numbers be enough or separate letters ?

[Nagasis]

You will need to send 1 letter and £1 postal order for each seperate account.

[jungle vip]

Many thanks my friend, sorry to appear to go on a bit, but just want to get it right first time

[Nagasis]

Many thanks my friend, sorry to appear to go on a bit, but just want to get it right first time

 

No problem at all. When they reply (with ' we cannot locate a copy') repost here and \I'll dig out the next letter. Good luck

[jungle vip]

sent two letters registered post to littlewoods, nether have arrived according to post office tracking system, this was two weeks ago, will have to print out another two cca requests and get two more postal orders, this time ill send them special delivery.

[Nagasis]

sent two letters registered post to littlewoods, nether have arrived according to post office tracking system, this was two weeks ago, will have to print out another two cca requests and get two more postal orders, this time ill send them special delivery.

 

I would wait a short while as it is most likely they have been delivered. If they get several recorded letters they only sign once for all of them.

 

You can ring up and find out if it actually has been delivered (tel number is on the stub). Alternatively, you can check whether they have cash the PO.

[jungle vip]

Ahh, thanks for the info, i typed the tracking number into the post office tracking system and it came up as being received at the collection post office only, can you explain further about how they sign for them in bulk ? thought the postman had to get a signature on delivery.

[Nagasis]

Ahh, thanks for the info, i typed the tracking number into the post office tracking system and it came up as being received at the collection post office only, can you explain further about how they sign for them in bulk ? thought the postman had to get a signature on delivery.

 

It is common for the posty to get only one sig for all the recorded letters delivered that day to the same address. If you ring the PO they will confirm it has been delivered. Its only special delivery which will get a guaranteed sig, recorded is fine tho as you can ring up if need be.

 

I personally would assume as you have proof of postage continue as if you have a sig on the PO website.

 

Littlewoods takes weeks and sometimes months to respond. I would send the letter below if they are outside the time limit of the cca request.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

On xx/xx/2009 I made a formal lawful request for a true signed agreement for the alleged account under 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 entered default on xx/xx/2009.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of 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 also obliged to send me a copy of that document.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 78(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 a 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 add further interest or any charges to the account.

* 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

NAME (print / do not sign)

[jungle vip]

What about the despute letter ? change it to "accounts in despute" and put both account numbers on ? or again send two seperate dispute letters ?

[Nagasis]

seperate letters per account.

[jungle vip]

ok, dispute letters sent over a week ago, no reply from littlewoods as yet, not even about cca, at least the phone calls have stopped

[Nagasis]

ok, dispute letters sent over a week ago, no reply from littlewoods as yet, not even about cca, at least the phone calls have stopped

 

 

Littlewoods are very slow, dont worry, they will eventually respond

[jungle vip]

have received 2 unsigned cca,s back.phonecalls have started again also received a letter from the debt collectors agency mercers that it has now been passed too..what do i do now??? also noticed in the last statement that the 1.00 postal order that was sent with the cca request letter was knocked off my balance!!! shall i get in contact with either parties or just wait till they do??? as i am a bit concerned it has been passed to debt recovery.. please help!!

[labrat]

ok first off advise the debt collectors that the account is in dispute this means that they "should" pass the debt back and stop contacting you.

 

Dear Sir or Madam,

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384

. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully

 

thats to prevent them visiting

 

as for littlewoods send them this

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, 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 Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial request).

 

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

 

all that has been so far receaved is an unsigned agreement which does not meet the above act

 

As you are no doubt aware section 78(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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

Consequentially the passing of my account to the debt collection company xxxxxxxxxxxx is a breach of section K, and therefore both unlawful and vexticious

 

Furthermore I shall counterclaim that any such further 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 a 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 add further interest or any charges to the account.

* 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

Edited July 8, 2009 by labrat
correcting typos please spell check before using

[jungle vip]

Mercers debt collectors rang once last week thretening to come round, do i send the get lost letter now or let sleeping dogs lie ??

Edited July 15, 2009 by jungle vip

[mkb]

sub

[jungle vip]

Hi all, littlewoods are still ringing requesting payment and stating that there is no note on the account of it being in dispute. My wife tells them every time not to call, the account is in dispute and any correspondence by mail only, yet the calls keep coming, i have now sent 2 account in dispute letters registered post, What does it take for it to sink in ? also getting payment due letters from lpf saying account will default if payment not made by 13 august. any ideas ?

[littlefatbudha]

Hi there,they cannot put account in default, whilst the case is in dispute !

There are template letters on how to deal with DCA's and Creditors whilst in dispute.