NDR Littlewoods/Very CCA HELP

[fitnesspt]

Hi

Hope someone can give me advise.

I have an account with Very who used to be littlewoods. I fell behind with payments when I changed jobs and the bank stopped my DD to them when I failed to have sufficient funds at the time of collection, along with the collection date changing every month. It was passed on to NDR.

I sent a letter to NDR requesting my CCA from them after reading threads on here knowing my account had been with them for some years, the letter was sent on the 23rd August registered post and believe they needed to reply to me by the 9th Sept as being 12+2 working days from the 23rd, this morning I received a reply from them dated the 9th Sept but only arriving today the 13th Sept.

In the reply it says we enclose a signed copy of your credit agreements with shop direct finance trading as very.

records show the account was opened on the 31/03/2003.

bla bla bla how much I owe and what I've paid in the last 12 months

The scan they have sent me shows my name, address, date of birth etc written by myself in the boxes, but my signature is not on the form, the only signature is in the box next to signed on behalf of littlewood flexible account (which has not been dated either)

Does the fact that I have written my address details date of birth etc mean it is an enforceable debt or because the vital bit of missing info being my signature isn't there is it no longer enforceable? What would be my next step from here?

Thanks in advance for your help

fitnesspt

[cerberusalert]

Does the fact that I have written my address details date of birth etc mean it is an enforceable debt or because the vital bit of missing info being my signature isn't there is it no longer enforceable? What would be my next step from here?

It needs to have your signature too. Can you post up what they've sent? Meanwhile you could send them this;

 

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. The items 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. It 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 had until XX/XX/2010 to provide me with the true copy I requested. 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.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

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.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

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

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[fitnesspt]

Thanks for the letter, I’ve printed it off and am sending it today/tomorrow. I'm a bit worried as you said about not signing it which makes complete sense but I didn’t know to do that with my previous letter requesting the CCA. Are they or would they likely forge my signature onto the agreement or now that they have already sent one to me without my signature is it too late for them to amend that?

I've attached the letter and the agreement which they sent removing the data about myself.

Your feedback will be greatly received.

One other thing, they have put a notch on my credit file, what would be the steps to get that removed or should I wait until i get the reply to the letter you've advised me to send?

Thanks again

fitnesspt

[cerberusalert]

The letter above deals with that sufficiently, particularly the last but one paragraph because they have to declare now whether they hold a legally enforceable agreement & in what form.

[laalinz]

Hi, I to am having problems with Very (bunch of .......)

 

U might want to read my thread

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?276962-Laa-v-Very&p=3135643#post3135643

[fitnesspt]

hey cerberusalert,

 

I sent that letter above to NDR almost 4 weeks age by registered signed for which they received, yesterday I had another statement off NDR, like the regular monthly statements they send.

 

as yet, I've had no contact by them in relation to the second letter I sent as posted further up requesting my CCA with them? what would you suggest I do now as my next step?

 

thanks again in advance

 

fitnesspt

[cerberusalert]

You don't have to do anything until they respond to the letter in post #2.

[Les71]

I've also recently had a problem with VERY. I asked for a FINAL settlement figure, was told this final settlement figure and paid it. However, six months down the road they are now saying I owe them more money. A final settlement figure to me is what its suggests, a FINAL settlement figure. How can they then come back and say I owe them more money. This is absolutely scandalous. Its no wonder they are going downhill - they can't even get a simple thing like a final settlement figure right. Its ridiculous the things they are getting away with. I think more people should start complaining to trading standards about this company. I know a lot of people who have all different kinds of complaints about this company - they are a complete joke!!!

[fitnesspt]

You don't have to do anything until they respond to the letter in post #2.

 

How long should I give it before I send another letter out to them? I can't find the receipt with the tracker number to double check they did get it, especially after they sent out the statement the other week.

I want to get the dispute off my credit file sooner rather than later, if it wasn't for them I'd have a beautiful credit file MoFo's.

[cerberusalert]

You don't need to send anything further until they respond to you. In effect the a/c is now in dispute.

[fitnesspt]

Hey,

I have an update, I have now received a letter from a Lowell Portfolio I ltd .

The letter states 'We herby give notice of the assignment of the debt due to us from you in respect of the balance of xxxx outstanding on your shop direct finance company (previously known as Littlewoods finance company) retail brand account.

On 18/10/10 your account was legally assigned to Lowell Portfolio I Ltd and as such any further communications and payments regarding the above account must now be addresses to...Lowell Portfolios I ltd's address.

I noticed they had done a search on my credit file under my old address, so them suggesting the 'debt' was legally assigned to them seems untrue as surely they would have been provided with my current address which very/littlewoods/ndr or whoever they want to be called have.

I presume NDR/Very/Littlewoods know the debt was unenforceable due to the lack of a signed credit agreement between myself and them, hence why they have 'sold' it to this company.

A second letter was included stating how they are a specialist debt purchaser who buys accounts from companies such as shop direct/very - littlewoods/addidtions direct where there is an outstanding debt.

The account was 'sold' to them on the 18th Oct. It then proceeds to go on about settling up and what happens next etc.

To finish on the last paragraph which a non directed threat of sending in debt collectors to my house, commenting on once paid or a payment plan set up they will update the credit reference agency to update my file etc

What would you suggest I send in reply to this letter from Lowell Portfolio I ltd?

Thanks

fitnesspt

[cerberusalert]

Send Lowells this; http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

[fitnesspt]

Hello,

 

I had a letter from this lowell group back in Dec in reply to the letter I sent from the above link to advise they were waiting to hear from ndr/very with regard my letter. I have today recieved another letter stating ndr/very had returned their contact stating very have no record of my disputing them yet ndr/very confirming that I requested a copy of a signed credit agreement which they were unable to provide. Lowell group comment on hoping I was satisfied with that outcome and proceed to ask how I wanted to settle the "outstanding" payment with them.

 

Obviously if ndr/very are unable to provide the credit agreement to which they confirmed they were unable to provide to lowell, lowell have no right to ask me for any payment as I owe nothing to them?

 

Ill post what lowell actually wrote tomorrow, but to give an idea, what would I need to be looking to send back to lowell group?

 

Thanks in advance for a reply

 

fitnesspt

[clio2010]

is it me or am i sensing a pattern here of a creditor has no proof of agreement they give it to lowells to keep them happy?

[cerberusalert]

Certain DCAs specialize in these type of debts because they can buy portfolios of them as cheap as chips.

[clio2010]

Certain DCAs specialize in these type of debts because they can buy portfolios of them as cheap as chips.

 

 

thats a shame cag must be a real headache for them now its the most named dca on here:-)

[baz1986]

Okay i have actually had the same response from Very/Shop direct, no signature and i opened the account in October 2003, Have just sent the letter that is included in this thread. I have 2 questions though

 

1. Did they do online applications back in 2003 as i have read that if it was online you wouldn't have a signature and the box you tick is the agreement?

 

2. Has anyone actually won with this as i know i have used the credit but i am disputing the CCA as NDR money are putting to much pressure on me?