Molly vs Littlewoods (inc Mercers and Debt managers ltd DCA's)

[molly316]

Just thought Id pull together my scattered threads on this so theyre altogether

 

A little about me, well I have a kind of rapid cycling manic depression, and am on IB permanently as of last 2 years. I was made redundant from my last job officially in Jan 06 following long spells of sickness. Illness makes me "non consistent" and things dont always get addressed so please bear with me as I try to tackle these things the best way I can

 

To date:

 

Jan 07 - £80 remaining bal (run up cos items ordered by customer wernt returned in time, and they wouldnt accept them back) and charges added & referred to DCA (moorcroft) at £10/ month. The credit ref agy's are showing a default notice

 

29th Jan 07 - CCA not available for debt thro Moorcroft

MOORCROFT returned my PO uncashed and have clearly said in writing they cannot provide the CCA. They state they have returned the debt to L/woods but not offered to refund any of my payments.

 

14th March 2007 Littlewoods have sent the debt onto another DCA, new CCA request sent to Debt Managers Ltd 15/3 to see if they magically manage to produce it!

 

15/3 advised to

"....send each DCA a copy of the letter received saying they don't have the agreement and send a CCA to Littlewoods.

 

Send this to any new DCA's (see http://www.consumeractiongroup.co.uk/forum/post-644775.html)

 

I do not acknowledge any debt to you or your client.

 

Please be advised that I have contacted your client directly and requested further information under the legislation contained within s.78(1) Consumer Credit Act 1974 (S.77 (1) for fixed sum credit).

 

To this end I would like you to note that I will not enter into any further communications with your company on this matter, unless and until my request is actioned.

 

I also wish to make it absolutely clear that personal callers will be viewed as trespassers, and action will be taken, including but not limited to, Police attendance."

 

18/3/07 and advised again in clarification to ..."ask littlewoods direct for it (CCA) then when you have their reply you don't have to keep the sending the £1 off and chasing each new DCA - just send them the letter above "{thanks Gizmo }

[kennyparkroad]

did you get served with a default notice?

 

if not i would question that one!

[molly316]

....... The credit ref agy's are showing a default notice

 

Yep! I got served with a default notice on this alleged debt, hence the real reason why I am trying to get this one sorted tbh.

 

update:

 

29/3 - notification that Russel + Aitken solicitors are intending to issue county court action unless I contact Debt Mgrs (yea, I did, they just didnt reply) no number given for them directly, just the DCA

 

03/4/07- I held off on sending anything out to L/woods until the expiry date had gone for the CCA request on D M LTd. As expected, the new DCA has failed to provide a CCA and is now in default as of today!

[kennyparkroad]

have you CCA'd littlewoods?

 

cut the head off the bear rather than poking it with a stick?

[molly316]

have you CCA'd littlewoods? cut the head off the bear rather than poking it with a stick?

 

Thats todays plan .. EDIT: the letter is ready to send 7/4 as I was waiting to see if Debt managers did reply and they havent, so we'll see what L/woods themselves can provide

 

It seemed logical to ask the DCA's for the CCA's at the time, but as you say time to get the guillotine out

 

Thanks for the support

 

Molly x

 

EDIT: 12 (+2) days will be up 27th April

[kennyparkroad]

thats ok.

 

 

littlewoods are havin to write off my 2k debt, because they cant give me an agreement

 

the power of the CCA!

[molly316]

Nice one K

 

Ive also got a letter to the solictors and the DCA ready to post 7/4 reminding them that the account is still in dispute and that the original client has been requested to produce the CCA as Gizmo suggested.

 

we sit back and wait on this one

[kennyparkroad]

any updates?

[molly316]

no nothing yet ... I dont think they'll have received the letters yet with it being bank holiday, so just a waiting game really till the 12 days are up

 

Molly x

[molly316]

well, what a suprise, the new DCA have also said they dont have a CCA either!!!

 

They didnt return my PO though.... hmm!

 

So yet again its returned to their Client.

 

7 days to go and counting on this one till I hear from L/woods ... its not a lot of money but its a default and it would be great to get rid of it... I was turned down after a credit check the other day

[kennyparkroad]

well if any of the DCA's have applied anything to your credit record get them to remove it asap

 

as for littlewoods, chase them and hound them for a quicker result, you know they dont have anything!

 

check me vs littlewoods in my threads to see what letters i sent etc.

[molly316]

thanks Kenny, I have had to leave all of this due to personal and health problems, but it has come back to hit me in the face again

 

Ive had further threats of court action now from MOorcroft despite them saying they didnt have a cca..I have written to them reminding them of their previous failure to provide and advised I am also corresponding with their Client direct.

 

As for L/woods, I have written the following:

 

I refer to the letters dated 5/9/07 received from Moorcroft Debt Recovery Ltd acting on your behalf, my letter of xx/04/07 and your reply of xx/5/07, copies of which are attached.

As you can see, I made a formal request for a copy of the signed, executed credit agreement for this account under section 77(1) and section 78(1) of the Consumer Credit Act. This was accompanied by a postal order of £1 in payment of the statutory fee. This fee was NOT to be offset against any alleged debt and must be used for the purpose stated. However, I note that it has been used against this alleged debt.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your Company enters into a default situation. If the request is not satisfied after a further 30 calendar days, your Company commits an offence. These time limits expired on xx/4/07 and xx/5/07 respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

As your reply did not comply with this request – i.e. was not a true signed copy - at xx/5/07 this account became unenforceable at law.

 

Failure to action the above will result in all information being passed to the Office of Fair Trading and the Information Commissioners Office. Please also provide notification of your complaint procedure that I may persue this matter if you further refuse to withdraw such actions.

I look forward to receiving your reply and confirmation that this has been effected no later than 17/10/2007.

 

maybe this will work?

 

Your battle with L.woods is inspiring, I just caught up on your thread, keep up the good fight

 

M

[kennyparkroad]

yeah that letter is good.

 

also put in, that you will take them to court.

 

the ICO are dealing with complaints from April (middle of) and if you phone up thats what they will tell you

 

i complained bout LW back in July and have been told ill be lucky to get a reply this year!

 

good luck.