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lisdav68

Kays and Littlewoods changed account numbers

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Hi, I would like some advice on two catalogue accounts that are both with NDR. I requested cca's for both the accounts. On one I received a signed cca for an old account that had been changed to a new account number did I need to sign a new cca for the new account number? also on the other account the cca states that the amount I will be charged for going into arrears will be upto £10.00 the cca was signed in 2005, yet I am being charged £12.00 for insufficent minimum payment they both have received financial statements and have been aware for many years. I am paying them £1.00 per month but with added charges of £12.00 so I am getting further into debt please HELP!

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DCAs usually change a/c numbers when they start collection procedures.

 

Send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12+2 days or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

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

 

You should also note that I will only discuss this matter in writing and 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 an appointment with you or any of your associates.

 

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 and Short Ltd [1959] 2 Q.B. 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, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not sign


Anthrax alert at debt collectors caused by box of doughnuts

 

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hi, the catalogue numbers changed while still with them,not their inhouse collections,

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Hi Sorry for butting in but I find this really strange I have the same problem with a store card, on the CCA there is a account number but on my statements and money demads there is a completely different no, and has been for a about 4 years.

Opened the account 2000 but the only statement I have now are 2004 and they do not have the same number on them.

 

Following this with interest.

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