Little woods NDR money

[cerberusalert]

Posted on behalf of Needhelpwithlittlewoods who cannot start a new thread at the moment.

 

 

 

 

 

Following post from other poeple i decided to request a copie of my CCA to which they have responed with the first letter dated 20th May, stating that they have enclosed a re-constituted copy of my credit agreement (this has no signatures on it at all). So i sent the a second lettered on the 25th May stating that they had not sent the requested docuemnt and would be in breach with 30 dyas if they could not provide this.

 

They have since sent a secons letter dated 14th june stating the same thing again that it is a reconstituted copy.

 

Please could yo help me with the next step?

[BRIGADIER2JCS]

As I mentioned earlier in the thread reconstituted agreements are accepted by some

judges if there are statements showing payments to the account and goods purchased.

The reconstituted agreement fulfills their minimum obligation under the CCA.

You s

[BRIGADIER2JCS]

The reconstituted agreement fulfills their obligation under CCA 1974,and some judges will accept this if there

are statements showing payments to the account.

In this case I believe you will have to do a Subject Access Request under the DATA Protection ACT

to get all the data held on the account, this costs £10 and they have 40 days to comply.

There is a template in the CAG library for this, post again if you need more help.

 

Brig.

[confused/NDR]

Hi, Thansk Cyber for posting.

 

So basically i have no leg to stand on. NDR are calling all hours of the day late in to the evening. using differnt number's im scared to answer the phone.

Do the reconsituted copy mean that i am liable for the account?

 

Thansk

[BRIGADIER2JCS]

You really must send them the in writing only warning letter.

I you do pick up a call just say in writing only and hang up,and/or

grt your number changed contact your land line supplier and report the harassment, get a cheap

or free sim card for mobiles with a new number.

Report the whole show to Consumer direct who will pass it to your local TS.,then report to OFT.

[BonM]

Looks like you need to use this template. http://www.consumerwiki.co.uk/index.php/Harassment_by_telephone

[confused/NDR]

I have stoped answering the phone to number i do not know, if i do by chance answer and it is them. I have only explained that i am awating docuemnt's from Littlewood's and that the accoutn is in dispute. to which i was told you have the good's so you need to pay for them stop avoiding it and pay.....

 

I have had no other communication since the sent the reconstituted copy of my CCA. what do i do next. I've now defaulted on the agreement with NDR money and they are asking for the full amount.

 

Please help losing faith now!!

[BonM]

Hi confused. Pleas refer to post numbers 3 and 6. Use this for your "what to do next" then sit back and wait. You can answer the phon, and if it is NDR just say to them "I will communicate in writing only" and then hang up. They will get the message.

[confused/NDR]

I have made payment's on the account and i have copies of the statement at home. If i have them arnt the able to just pull them out the system and produce a reconstitued copy ?

 

I dont understand what i am to do now! If i request these docuement's it's a diffinate they will produce them. Is it not just delaying the enevitable!

[BRIGADIER2JCS]

Even if the result is as you feel inevitable you should not have to tolerate the harassment.

[BonM]

Well, by following post 6, it will stop the calls. by following post 3, they have to produce the goods. if they do. then you will have to pay what you owe. If not, then you probably don't. However, if they go to court, as Brig has said, the judge will probably rule that is sufficient. At the end of the day, if it is owed, and they prove it, it needs to be paid and it can be repaid over a repayment plan. But I am not really sure what further answers you are expecting. We can only give you the advice we have done.

[BRIGADIER2JCS]

Yes the remedies are there for you to use, as BonM says we can only give the advice.

[confused/NDR]

No that's fine. Thank's for the support. Unsure as to weather they will accept a payment plan as they now want the full amount?

[BRIGADIER2JCS]

If you start or plan or continue one already in place they will have a tough time in court if it comes to that.

[BonM]

Agreed Brig, once they produce after your SAR request. you can enter negotiations for a payment plan. Until then, follow advice as directed and sit back and wait

[confused/NDR]

Should i send them a leeter making a offer of a payemnt plan. and then just stick to it and make the payment's i have stated. Just really scared they will sned balif's to my door

[BonM]

Hi Confused. not yet no. Follow post 3 and 6. they can not send "bailiffs" to your door, even if they did you would report them for doing so. The "Bailiffis" have no right what so ever to do anything, if they do turn up, just tell them to go away and shut the door in their face and call the police. The only time "bailiffs" have any power, is when directed by the courts.

[confused/NDR]

Can some one post me a template for the SAR request letter? i will try that and see where i get.

[BRIGADIER2JCS]

Bailiff can only act after the claimant has issued a claim and won, if the court has made an order on the amount and frequency of payment and you default on this the claimant

can apply for distress warrant to seize goods to sell to recover the debt and costs.

A bailiff may be used to deliver papers if the claimant is unsure that if they are posted they may be ignored.

SAR letter is in CAG library sorry it's not letting post links at the moment

[BonM]

Thanks for posting a clearer description Brig. Confused, here is the link for the SAR. Good luck, and try not to let it get to you. http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for