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chrisgc1977

Littlewoods cant find executable cca

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Hi all,

 

I had capquest chasing an old debt from littlewoods of which i sent a, Formal notice of account in Dispute, as they failed to send me a signed copy of my cca.

 

They then sent a letter that file is being returned to client - littlewoods.

 

I then recieved a letter from littlewoods dated 9/4/09 indicating, they cant locate a copy of an executable agreement.

 

The only info in the letter they sent was that the outstanding balance is X amount and that nil has been paid in last 12 months and the account was opened on the 22/12/03.

 

My question is - is this now an unenforcable debt AND what letter should I now send to Littlewoods?

 

Your replies would be much appreciated.

 

Kind regards

Chris

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Dear Sirs,

 

thank you for your letter dated xx.xx.2008 the contents of which are noted.

 

i note you state you cannot provide a copy of the agreement yet you clearly state that i agreed to make repayments every 28 days.

 

i have no recollection of making such agreement with your company and would respectfully request that you substantiate your frivolous claim with supporting evidence of this fact.

 

otherwise i require that you retract this comment as unsubstantiated

 

Furthermore i note that since you have openly confirmed that you do not have the original agreement, you are inbreach of various financial regulations.you would be aware of the fact that you would need to be able to produce a copy of the original agreement should you ever need to take legal action to enforce the agreement. you would also need to be able to produce a true copy of the Agreement upon request pursuant to section 78 (1) Consumer Credit Act 1974, therefore it stands to reason that you must surely hold such document.

 

According to sections 221 and 222 of the Companies Act 1985, a public company is required to maintain records for a period of six years (section 222(5)(b).

 

 

As a loan agreement is active until the agreement is terminated, I would suggest that all the payment records (and other documents making up the file - including the agreement/application etc) would be "live" until the account is paid, or terminated - thus, the full file should be retained for at least six years after that.

 

This interpretation fits in with Inland Revenue legislation that requires prime documents to be retained for a period of six years - AFTER THE END OF THE RELEVANT ACCOUNTING PERIOD. That would mean some files need to be retained for up to seven years. The relevant legislation is found in Schedule 18 of the Finance Act 1998 (paragraph 21) - of particular significance is sub-paragraph (6) which states:

 

"The duty to preserve records under this paragraph includes a duty to preserve all supporting documents relating to the items mentioned in sub-paragraph (5)(a) and (b)."

 

Finally, key documents/application forms etc must be kept until 5 years after that business relationship has ended. This is a requirement of The Money Laundering Regulations 1993, 2003 and 2007.

 

 

Furthermore, i require clarification that unless you can provide a copy of the alleged credit agreement which you allege is the contractual document between us, the matter is closed and i will hear no more of it. should you refuse this request then i put you on notice that i shall send you a letter before claim setting out the issues i have in accordance with the Civil Procedure Rules Pre Action Protocols and should you further ignore this i shall seek to instigate legal action against your company pursuant to the Consumer Credit Act 1974 S142(1)

 

Also i look forward to your full explanation as to why you cannot produce this document, has it been lost , if so i want a full explanation as to how this has happened, as this would be a breach of 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

Should you fail to respond to this letter i shall inform the relevent enforcement authorities of the issues raised in this letter.

 

I look forward to your reply

 

you could send that if you wish letter courtesy of pt2537

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Sounds like the typical Littlewoods response. The account is now in dispute. End of unless they comply with your request. Unhappily this probably won't prevent them from trying from time to time.

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yes the debt is unenforceable in a court of law until such time as they locate the agreement, the debt is still there and they can ask you for payment if they wish . I had same letter from littlewoods 12 months ago and have not received a single letter from them or any DCAs since.

sleepingdog

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