1st credit, littlewoods/woolwich

[Ally]

Any help greatly appreciated here;

 

Have an oustanding Woolwich open plan account which was a littlewoods credit/store card dating back 6 years and is now in the hands of 1st Credit,

 

I have been paying back £20 monthly to 1st credit all ok untill they cocked up some how with the payment with another account in my family's name and were taking the wrong funds out of my account at £80 paying off a different debt! I made up the the arrears on my account in 3 payments and returned to the original £20 agreement, But they are not whiling to accept that ammount anymore and want £158 pcm which is impossible, I have offerd £40 which is all i can afford and explained that i have other Debts to pay but they were receiving the most of my available funds, but they are refering me to their legal department!

 

Since discovering this website (awesome) i have asked them to send me all statements which they did (without a DPA request) Act and after i had the info i contacted woolwich/littlewoods/barclaycard about charges/payment protection plan/Interest charges , but no one had any details relating to my account at all!

 

my main issues are remove the charges

find out about the Payment protection plan aggreement

And all the interest on the account!

The total ammount of these 3 is £2300, on a debt 0f £6800,

 

But 1st credit are not interested in any of my issues and won't pass on

any details of their client to me, will they still have a client or would they of sold the debt & written it off?

 

I have read on other treads about an S.A.R but can't find a template, also going to send a proof of debt letter?

 

but not sure where i stand on them refusing my payment offer and going legal, I have nothing in writing from them and they won't comfirm anything in writing!!

 

Help please geezers

 

Ally

[wendypowell62]

At the top of the Debt and Baliff Advice you will see a thread called Creditors and DCA letters and templates, on this thread there are all the letters you will need (thanks to Barracad). Have a look on there Im sure you will be able to find something that will help you.

Good luck and happy reading!

[ecobabe]

Ally, send off a CCA request to the dca's. there is a template somewhere, if you can't find it post back and i'll look. i've got copies of one I sent. The CCA insructs the dca to supply a true signed copy of the properly executed agreement, a copy of the default notice (if any) and copies of accounts. Send it by recorded delievry to 1st credit along with £1 as payment for fee. They have 12 working days to supply you with the agreement, if they do not they cannnot enforce the debt until they do. you can be sure that they will send statements of accounts and you will be able to figure it out. in all probability it will take them longer than 12 working days to get the agreement if at all and that then put you in the driving seat

[tamadus]

Any help greatly appreciated here;

 

Have an oustanding Woolwich open plan account which was a littlewoods credit/store card dating back 6 years and is now in the hands of 1st Credit,

 

I have been paying back £20 monthly to 1st credit all ok untill they cocked up some how with the payment with another account in my family's name and were taking the wrong funds out of my account at £80 paying off a different debt! I made up the the arrears on my account in 3 payments and returned to the original £20 agreement, But they are not whiling to accept that ammount anymore and want £158 pcm which is impossible, I have offerd £40 which is all i can afford and explained that i have other Debts to pay but they were receiving the most of my available funds, but they are refering me to their legal department!

 

Ok first thing is to make sure that they correct THEIR mistake and credit any money they have wrongly taken to pay the other debt back to you. If it's been paid by direct debiot then the bank should correct it under the direct debit guarantee. No way would I increase the payment, at least until such time as they start talking to you. I meet stubborn with stubborn

 

Since discovering this website (awesome) i have asked them to send me all statements which they did (without a Data Protection Act request) Act and after i had the info i contacted woolwich/littlewoods/barclaycard about charges/payment protection plan/Interest charges , but no one had any details relating to my account at all!

 

Are we talking one account or three here ? PPI is mostly a waste of money and unless you can use it or really want to keep it then I would cancel it immediately

 

my main issues are remove the charges

find out about the Payment protection plan aggreement

And all the interest on the account!

The total ammount of these 3 is £2300, on a debt 0f £6800,

 

But 1st credit are not interested in any of my issues and won't pass on

any details of their client to me, will they still have a client or would they of sold the debt & written it off?

 

I think they have to supply details of your account if you ask for them.

 

I have read on other treads about an S.A.R but can't find a template, also going to send a proof of debt letter?

 

The S.A.R - (Subject Access Request) is a Data Protection Act letter and will be found with all the other template letters in the library. Proof of debt would be good to try. You could also send them a CCA s77(1) and s78(1) letter asking for a copy of the original signed credit agreement. They have to reply in 12 days or they go into default, after another 30 days they commit a criminal offence and the debt becomes unenforceable as long as they are in default.

 

but not sure where i stand on them refusing my payment offer and going legal, I have nothing in writing from them and they won't comfirm anything in writing!!

 

I would keep sending them the £20 a month as a sign of good faith while its resolved. Plus write to them making it very clear the account is in dispute. Keep us updated on your progress please.

 

Help please geezers

 

Ally

 

 

tamadus

[Ally]

Thanks for the replies

 

a bit more info for you:

 

I have sent a CCA request recorded delivery on wednesday, also with a letter stating my disappointment in their failiure to accept my offer of monthly payments and asking them to reconsider (both off of the site templates)

 

Its only one account its just that when i contacted Woolwich they checked their records found nothing then contacted littlewoods which was the same so they passed me on to barclaycard who didn't know who i was or what i wanted!

 

Reference the PPi I don't really know much about it even being on there, its just that I want to try and see if woolwich or who ever owns it would remove the payments and the interest from the oustanding debt, as they make up one third of the total!! not sure if thats a realistic approach too take or not? The PPI is certainly not active this goes back to 2001, I know PPI is a load of cr*p, it escalated so quickly as it was very hard to make payments The woolwich , branch wanted to charge me £5.00( I refused) to make a payment off the balance when it was still an active account hence why it got so huge!

 

I have carried on making the payments to 1st credit of £20 & will continue to do so untill they fail on the CCA, I have not sent first credit a D.P.A (S.A.R) as they sent me all my copy statements already, but they sent no record of any payments since the account has been passed to D.C.A's.

 

Im not sure how i can prove about the mix up with accounts and money being paid by myself off a debt which was my mother's it was all done by phone & it was when she tried to re-arrange her bank details from a joint account (Myself & her) to a new account, I have proof of the money leaving my account and going to 1st credit but not where it went at their end! Might a Data Protection Act request to 1st credit provide that?

So i could prove it to the bank to enforce the direct debit guarantee!

 

Im sorry its all question's Guys and thanks for all the help

 

Ally

[Ally]

Hello everyone

 

Had this reply to my CCA request from 1st Credit today;

 

Mr Ally

 

 

dear sir/madam

 

acount info

blah,blah

 

 

Request for copy agreement

I refer to your communication asking 1st credit Ltd to provide you with a copy of the relevant agrement.

 

We will shortly be advising our client of your request. This document will be sent to you as soon as possible. This process may take at least one month

 

Once you have received a copy of this agreement we would expect you to contact this office immediately to arrange settlement of this debt

 

please call this office should you wish to discuss this matter

 

yours faithfully

 

 

Administration Department

 

Any advice greatly received as not quite sure whether to reply or not?Once again thanks for all the help Tamadus

 

Ally:roll:

[tamadus]

Ally I have replied to this in email, and I agree this is a statement of pre-meditation to break the CCA. My initial reaction would be to write back pointing out the time limits and their responsibilities. I would also contact Trading Standards as the enforcement agency.

[Ally]

Ok hows this for a reply anything else i need to add or errors i've made?

 

Dear Sir/Madam

 

 

In reply to your letter dated 2/10/06 and further to my request dated 26/09/06

 

I remind you of your obligations under the Consumer Credit Act,

 

Firstly, you must supply me with a true copy of the agreement you refer to in this matter within 12 working days. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. You have received a £1 postal order in payment of the statutory fee.

 

I also require that you supply a signed true copy of the deed of assignment of the above referenced agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA 1974 and therefore is a complete defence to any court claim that is issued

 

Yours faithfully

 

Ally

 

[tamadus]

Looks good to me Ally

[Ally]

Should i still send a D.P.A , S.A.R?

[tamadus]

Should i still send a D.P.A , S.A.R?

 

I would Ally, your trying to trace as much information as possible, so it can't hurt

[wendypowell62]

Ally, I received the same letter, nearly word for word from 1st credit. So it seems its like a bog standard letter that they send out. Still one good thing they cannot pursue the debt without first supplying the CCA.

[Ally]

Quick update, the 12 days are up on the CCA request , should I contact them to let them know ? I have already sent a letter before the time limit expired reminding of their obligations, Also is it 30 working days from the initial request before they go into default or 30 days?

 

Cheers Ally

[tamadus]

Ally,

Once the 12 working days expires they go into default. after a further 30 calender days they commit an offence. Why bother reminding them? if they can't keep track of the days why should you do it for them ?

[Ally]

Sweet my thoughts exactly

 

cheers Tam good luck on the CCA thread its been an inspiration

 

Ally

[Ally]

Greetings all

 

Damm that 12+30 time limit drags!!!! Expired today, 16/11 , but on the 15/11 1st credit sent a copy of the application form signed by myself & a letter dating back 6 years requesting the minimum payment!

 

It mentioned nowhere on the application the CCA at all, there is no offer of a cancelation opt out or any signature by the issuer,

 

so as i see it this is not what is required under the CCA request?

And am not sure of what is the next step to take,

 

thanks

[tamadus]

Greetings all

 

Damm that 12+30 time limit drags!!!! Expired today, 16/11 , but on the 15/11 1st credit sent a copy of the application form signed by myself & a letter dating back 6 years requesting the minimum payment!

 

It mentioned nowhere on the application the CCA at all, there is no offer of a cancelation opt out or any signature by the issuer,

 

so as i see it this is not what is required under the CCA request?

And am not sure of what is the next step to take,

 

thanks

 

the agreement should include the wording in bold heading that it is an agreement regulated under the CCA 197 and it should have a cancellation box.

 

It sounds like a simple application form they have sent so it doesnt fulfill your s77/78 request. I would write back telling them that and that the agreement is no longer enforceable without a court order. Then sit back and see what they do. Most companies so far have gone very quiet when challenged.

[Ally]

Thanks Tam thats what I thought aswell, I will make them aware of the situation and see what happens,

 

The big CCA thread is still enthralling keep up the hard work mate later Ally

[Ally]

Evening Had an expected call from 1st credit today, asking me to increase my payments, they continued to discuss my account even though I refused to go through the security procedures over the telephone, I informed them that a letter would be on its way to them this week, Has any one got a template for this type of letter, breach of CCA? As im not to sure of wording etc & my letter writing Skills are as pretty poor at best!!

 

Any help would be great

 

Ally

[tbern123]

Greetings all

 

Damm that 12+30 time limit drags!!!! Expired today, 16/11 , but on the 15/11 1st credit sent a copy of the application form signed by myself & a letter dating back 6 years requesting the minimum payment!

 

It mentioned nowhere on the application the CCA at all, there is no offer of a cancelation opt out or any signature by the issuer,

 

so as i see it this is not what is required under the CCA request?

And am not sure of what is the next step to take,

 

thanks

 

Hello, sorry to jump in on your thread... You could always ask them to confirm in writing that the document they sent you is the credit agreement....

 

If it is and it is not signed by the lender it has been improperly executed and is unenforcable without a court order. If it is the credit agreement, going by documented case law, I do not feel that a court order could be given.

[tbern123]

This is from my Cabot thread,

 

legal precedent:

 

DIMOND v LOVELL

(1999 3WLR561; 3AER1)

Judgments - Dimond (Original Appellant and Cross-Respondent) v. Lovell (Original Respondent and Cross-Appellant)

 

HOUSE OF LORDS

Lord Browne-Wilkinson Lord Nicholls of Birkenhead

Lord Hoffmann Lord Saville of Newdigate Lord Hobhouse of Wood- borough

 

LORD HOFFMANN, stated:

My Lords,

(b) Improperly executed.

"a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner."

© Order of the court

Section 65(1) provides that an improperly executed agreement shall be enforceable only "on an order of the court."

 

LORD HOBHOUSE OF WOODBOROUGH, stated :

My Lords,

The consequence of the failure to comply with the statutory requirements is clearly spelt out in the statute. The contract cannot be legally enforced by the creditor against the debtor.

 

 

 

Wilson and others

v.

Secretary of State for Trade and Industry (Appellant)

ON

THURSDAY 10 JULY 2003

 

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order.

[Ally]

Evening

 

any opinions on this letter appreciated if Ive missed any thing out or am being to harsh plese let me know need to post tomorrow 24/11, should I mention that the documents they sent do not cover what is required?

 

 

 

Dear Sir/Madam

 

Re:-

 

In reply to your letter received 16/11/06 in reply to my request dated 26/09/06

 

You have failed to supply the documents requested within the time limit of the legislation, and are now in criminal default for breach of The Consumer Credit Act 1974.

 

Any alleged debt is totally unenforceable and I shall be reporting 1st Credit to the relevant enforcement agencies

 

I shall now be investigating all dealings on this matter and will contact you in due course, you will receive no further payments and I inform you that this matter is In Dispute

 

 

 

 

 

Yours Faithfully

 

Ally

[Ally]

Happy New Year one & all may this be a year for justice to all those robbed by any financial institutions!!!

 

I received a letter from someone high up in 1st credit just before new year stating that the account I had with Littlewoods was a woolwich current account with an overdraft facility!!! It states on the letter that this being a current account does not come into the legislation of the CCA sections 61,77 or 78!

 

This has phased me slightly as I did not open a cuurent account with Woolwich I had no regular payments going in Ie: Wages or ever recall receiving a paying in book cheque book etc. It also states that the account had a revolving credit facility without a repayment schedule & payable on closure of account

 

I have one original statement from littlewoods & a full set of copies via 1st credit which are marked woolwich, The original statement is in the layout of a normal barclay card type stating a minimum payment/credit limit/ it also states on the back of the statement about making payments and may create a credit balance!

 

On the copy Invoices it states woolwich & account type littlewoods flexible plus & is in the layout of a typical bank statement.

I also received a copy of a letter demanding payment from littlewoods when the account was only £1,570 of its £5,000 limit demanding a payment to bring the account up to date!!

Also their was PPI on the account

 

As i put all the facts together this was a credit card style account and not a Current account & I think 1st credit are trying to do the normal DCA approach of bullying/lying to try & get money!!!

 

Not sure what approach to take next, They will call tomorrow as I missed a call today

 

Any Ideas my learned chums???

 

Ally

[Ally]

Bit Of an old tread here,

 

I have just received a letter from Lowell. Financial acting for their client Lowell Portfolio l Ltd ( the " l " Is a small L) relating to this matter

 

This was in default of a CCA request since 22/11/06 with 1st credit limited

 

Am i right in thinking that it could not be sold or passed on to anyone in default status?

 

Also Lowell Portfolio l Are they a registerd data controller I read on a thread that they are not?

 

Any clues anybody ?