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Worzel

Failure to comply with CCA - what next?

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I'm sure this has been covered elsewhere but having searched I can't find it, so if anyone can offer their thoughts I’d appreciate it!

 

I sent a CCA letter to Nationwide Debt Recovery (regarding a small Littlewoods Debt) on July 28th. On August 5th I received a letter from Littlewoods as follows:

 

With reference to your letter dated 28th July 2006, requesting a copy of the credit agreement.

 

Under sections 77 and 78 of the Consumer Credit Act 1974 we are required to provide a copy of the executed agreement (if any). On the assumption that you have signed the agreement supplied to you at the time of opening your account. We enclose a copy of our agreement, which complies, with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983.

 

Attached was a Credit Agreement form on which my name and address had been added prior to printing. This agreement is NOT signed or dated.

 

Apart from a few telephone calls (which I can deal with separately) I have heard nothing, until the other day.

 

I received a ‘Notification of Instruction to Proceed’ from NDR, stating that unless payment is received in 7 days then they will register a default at a credit reference agency and court proceedings may be issued.

 

Now, whilst I am not trying to get out of the debt I am trying to ‘stall’ it whilst I sort out other more pressing issues. Therefore I wish to send them a letter to stop them in their tracks.

 

I’m of the understanding that until a signed agreement is produced then the debt is unenforceable and that this is a defence in court. I also believe that by failing to produce a signed credit agreement they have broken the CCA so what are my next steps? In short, who do I report them to?

 

Thanks in advance . . . .

 

Worzel


I used to be a dummy, stuffed full of straw and standing in the field of life. And like the straw-filled dummy I was I accepted my lot in life and carried on, tied to a stake in the miserable field of depression as the elements beat me day and night. But there came a time when the elements had gone too far and the string holding me to the stake fell rotten to the ground. The elements had tried to beat me, but instead had set me free!

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Thanks Andrew, it appears that I can also complain to Trading Standards and the Office of Fair Trading.

 

Just a question, as NDR are presumably acting on behalf of Littlewoods who do I complain about - NDR or Littlewoods?

 

Cheers


I used to be a dummy, stuffed full of straw and standing in the field of life. And like the straw-filled dummy I was I accepted my lot in life and carried on, tied to a stake in the miserable field of depression as the elements beat me day and night. But there came a time when the elements had gone too far and the string holding me to the stake fell rotten to the ground. The elements had tried to beat me, but instead had set me free!

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you need to cca the legal owner of debt

 

if they dont comply follow up on the template letter


-----------------------------------------------

Mortgage Express charges- settled in full after issuing claim

 

------------------------------------------------

To view the FAQ'S click here: http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

To view the PRELIM letter click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

To view the Letter Before Action click here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

To find Registered Address:

http://www.esd.informationcommissioner.gov.uk/esd/search.asp

 

 

If my advise helps click here http://www.consumeractiongroup.co.uk/forum/reputation.php?p=366404

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At the time of my original CCA I thought the debt had been sold to NDR, but their failure to supply a deed of assignment and the follow-up letter from Littlewoods suggest the debt is being dealt with by NDR on behalf of Littlewoods.

 

Are you saying that I now have to CCA Littlewoods, even though I've CCAd NDR who are acting on their behalf? Surely, as actees for Littlewoods then the responsibility lies with NDR?

 

Worz


I used to be a dummy, stuffed full of straw and standing in the field of life. And like the straw-filled dummy I was I accepted my lot in life and carried on, tied to a stake in the miserable field of depression as the elements beat me day and night. But there came a time when the elements had gone too far and the string holding me to the stake fell rotten to the ground. The elements had tried to beat me, but instead had set me free!

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Information commisioner.

 

The Information Commissioner does not deal with defaults on Consumer Credit Act requests - only on Data Subject Access Requests. CCA defaults can be reported to Trading Standards.


Alan, Derby, UK.

 

 

 

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If you believe that Littlewoods still own the Debt then you wwill bneed to CCA them as they are the legal owners.

 

I would advise that whenever anyone cca's a DCA that they CCA both the DCA and the original Creditor this has the benefit of at least finding outwho owns what.

 

HTH

 

Paul


If my posts have helped you please use the scales at the top of my posts :)

 

Any opinions from Jannercobbler are strictly my own and I have no affiliation with any group or services.

 

The two most beautiful words in the English Language are "Cheque Enclosed" - Dorothy Parker

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/399-abbey-letter-sent.html

 

Me v Abbey - £3000 + Int + Costs + Credit File Cleaned.

 

LBA Sent 12/3/06

Court Claim started - 31/5/2006

Allocation Questionnaire Filed - 24/7/06

Court Date allocated 31/10/2006

 

Me v Citi-Cards - CCA Sent 27/07/06

Me v Citi-Cards - Data Protection Act Sent 03/08/06

Me v Capital One - Data Protection Act Sent 03/08/06

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Me v Hillesden Securities - DPA Sent 03/08/06

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My littlewoods debt was also with NDR, who also failed to supply a deed of assignment.

 

It was then passed to ''Debt Managers Ltd'....

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A lot depends upon if the Debt collectors actually BOUGHT the debt,or are just acting on the other parties behalf.If they have bought the debt,then your obligation to littlewoods has ended,the debt is now owned by the debt collector who DO NOT have a contract or credit agreement with you,and will NOT be able to provide one.

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I doubt whether you'll get much response as this thread is over 4 years old. ;)


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