Littlewoods Catalouge Invalid or Valid CCA???

[Zorro01]

I recieved a letter and a CCA today from Littlewoods. The first line of the letter says.

"Unfortunatley we are unable to locate a copy of an executed agreement, but for your information we enclose a copy of our current agreement which applied to this type of account. This version contractual variations which have taken place".

It then goes on to list things like the date which my account opened and that I have agreed to make a regular payment every 28 days etc etc.

The CCA itself doesn't have any signitures on it from myself or them, there are no dates on there etc so does that mean it isn't valid?

Technically the account was in dispute 2 days ago if I go from when I sent the origional letter asking for my CCA and I have sent an account in dispute letter to Nationwide Debt Recovery who are trying to collect on LW behalf saying the Account is in Dispute. Should I send an account in dispute letter to Littlewoods now asking for a true copy of the aggreement again or can someone recommend a good plan of attack going forward

[Nagasis]

They have stated they donot have a signed copy of the agreement which is excellent news, keep that letter safe. You have sent NDR (littlewoods inhouse dca) a dispute letter. If you wish send littlewoods one too so there is no misunderstanding go ahead, it won't harm.

 

As for what you do now... nothing. They can't enforce it as they don't have any agreement and they know it.

[Zorro01]

Happy days

[Zorro01]

I received another letter from Littlewoods today which to be honest made my day. Read on.

 

Dear Mr Zorro1.

 

With reference to your letter dated03/06/2009. I can confirm that we will not be pursuing the above account for the outstanding balance of £3136.32.

 

As the debt remains unsatisfied, this will be noted on our internal file for future reference.

 

The information will also form part of your records at the Credit Reference Agencies where we share information. This information will remain on your Credit Reference File for 6 years.

 

If you are charged interest on your account, any future charges will no longer be applied.

 

Yours Sincerely

 

Littlewoods.

 

Well this is a partial result for me. I only went down this route becuase they refused to play ball and backed me into a corner so I CCA'd them and they failed to produce, I account in disputed them and then I got the above letter.

Should I go after the Credit reference agency to remove the defaults etc as they have admitted they don't have one and is there for unenforcable meaning they can't share info with the credit ref companies.

Should I let sleeping dogs lie or should I proceed.

Any advice please??

[Nagasis]

It depends how important your credit file is to you.

 

The cra's will not remove the data as they say it's not theirs but littlewoods, so if you want it removed you need to go after littlewoods.

 

Littlewoods will not remove the info without you taking them to court. They will completely ignore your requests and threats of court action.

 

Something you should note tho, the ICO have given guidance on recording data where there is no cca and they back up the creditors so there is no point in complaining to them either.

 

You are in the exact same position to me and I have decided (as they have just defaulted me) that I will let it slide as I couldn't careless about my credit file as I never want credit again.

Its entirely upto you what you do.

 

Ps, they will still send the odd letter out now and again but they can be ignored.

[Zorro01]

Sound advice. Yeah i will just let it be. I am the same as you and do not care about my credit file and I don't really want to be getting credit for the foreseeable future.

I am happy with the result.

The really funny thing is is that I didn't mind paying them until they started to load on the charges. If they learn't some basic people skills at these companies it wouldn't cause us to have to retaliate against them.

Thanks to all those that have helped me in this battle.

Zorro1 (use to be KevMal)

[citizenB]

The following might help

 

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2193444.html

Originally Posted by maybelline

the template info from Information Commissioners Office states that they must take into account facts such as -

whether the lender has pursued a CCJ or taken legal action to enforce an agreement without delay

-so how can a lender keep marking a file for 18 months say while in dispute, surely they do not pass the test for taking action if they believe they are correct

 

The Information Commissioner clearly states in regard to unresolved disputes that consideration must be taken of certain factors, including –

 

‘If we conclude that there is a genuine, reasonable and unresolved dispute between the borrower and lender, then we are likely to find that personal data have been processed unfairly. We will take into account these factors ‘-

 

If the dispute has not been before a court, is the lender prepared test their claim by seeking a CCJ or decree against the customer, if not, why not?

[Zorro01]

The plot thickens. I have just recieved 2 default Notices served under section 87(1) of the consumer credit act 1974 from Littlewoods. They have to date told me they don't have a cca and they have told me that they will not be pursuing the account for any and all of the outstanding balance. What should I do now given all the above info. Should I send them another letter -(please advise) or ignore the 2 new letters. They must have defaulted this account about 15 times to date.

[Zorro01]

bump

[Zorro01]

Will update soon...

Edited July 28, 2009 by Zorro01

[basa48]

I've had the exact same response (or lack of it) from Littlewoods.

 

I got a default judgment of £500 against them (not paid yet) and have threatened court for removal of the DN.

 

Awaiting their response to my LBA before proceeding.

[Zorro01]

They have since told me they have got to register the info with the credit reference companies as a duty to other creditors. I don't buy that for a second and I feel that they are just doing that out of spite. I will be checking my credit file and if they have changed it to say DEFAULT then I will be dragging them through the court. How can they get away with registering info with the credit companies WITHOUT a CCA? Can they actually do this???

[basa48]

If they do DN you, you will get a copy obviously, but I'm not sure they've actually registered mine with the CRAs?

 

Anyway it is pure spite and angst, but I believe it is against the DPA - inaccurate, unlawful and without permission.