CCA request Littlewoods HELP!!!

[120805]

Am looking for a bit of help as am really upset.

 

I sent a CCA request off to Littlewoods and to the Debt Collection company that they have acting on there behalf. I also included the £1 p/o to both.

 

Neither have responded to my request and are now outwith the 14 days. But today I received a very nasty phone call from another debt collection company who are now chasing the debt. I advised the women on the phone that I had requested for a CCA and until they produced this they could not pester me for payment. The women denied receiving the letter and demanded that I send them a CCA request and not Littlewoods.But she admitted that £1 had been credited to the account. The £1 would of been from one of the postal orders.

 

I dont know what to do. I have already sent a CCA to Littlewoods and a CCA to the debt company acting on there behalf but it has yet again been passed on. Both CCA's had been sent at the same time recorded delivery.

 

Any help would be very much appreciated

 

Thanks

[sequenci]

you would need to CCA the new company. I know it is a bit of a pain but at least you can ask them to halt action whilst the dispute is being looked into.

[120805]

The littlewoods debt was passed to this new company after I requested a CCA.

 

Should I still have to send of another CCA request to this new debt company?

[M.Willows]

Hi

I did just to shut them up and also replied that the account was in dispute over the agreement too, haven't heard a thing from either for quite a while now.

[M.Willows]

I have also involved Trading Standards with this as they had sold my debt a year ago to a company i cannot trace as well as they have passed on my debt to two different companies and not complied to my CCA.Will update when I know more.

[120805]

How do I go about contacting Trading Standards? Would it be a letter or telephone call?

[M.Willows]

Hi

 

Call consumer direct, but I did Trading Standards search on net and what county I was in and gave me a phone number for consumer direct who put you through or it should be listed in phone book for your area.

Hope this helps

[powelll]

Trading Standards are usually based at your local council. Bearing in mind that if CCA info not supplied as requested within 30 days it's a criminal offence. Good luck with this one; you also have the OFTs debt collection guidance on your side so can potentially take complaints via the OFT or FOS.

[gizmo111]

Try sending her this

 

Dear Sir/Madam

Your Ref; 24770598

A/C NO

 

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). Please note this was requested on 21 August 2006, and as I have received no response from your client this debt is now unenforceable.

 

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

[powelll]

Beautiful Gizmo, just beautiful ( surreptitiously wipes tear from corner of eye )

[120805]

Thanks very much, I will keep you all posted.

 

If anyone has any other advice I would greatly appreciate it, thanks again:)

[120805]

Got a letter from a solicitors today called Russel + Aitken (now am sh****g it!) to put it bluntly!

 

The letters reads

 

 

Dear Sir/Madam

Creditor: Littlewoods Home Shopping Group

Client Ref: ********

Ref: ********

Balance Due: £***

We have received instructions from Debt Management Ltd to proceeed with immediate Court Action in respect of your account. An application is shortly to be made to the court for Warrant to serve proceedings on you and in terms of which the Court will be asked to make an award of expenses and interest against you in addition to the balance shown.

We are sure you will wish to avoid this action bearing in mind the extra expenses and the fact that your credit rating could be seriously affected.

We are therefore writing to you in advance of service of the proceedings to give you a final opportunity to make contact with Debt Managers Ltd if you want to avoid the action referred to above. Contact can be made by telephone on 0870 050 1047 or seny your payment to Debt Managers Ltd, PO Box 168, Edinburgh, EH3 6UP

No further intimation will be sent to you in this respect and this letter should receive your immediate and urgent attention.

Yours faithfully

scribble

Litigation Department

 

 

 

 

As stated before I have CCA'd Littlewoods and another DCA and ive just sent off a CCA request recorded yesterday to Debt Management. Ive spoke to Debt Management on the phone who say that they have not been advised about a CCA request but a £1 postal order was passed on to them (which they put onto my amount owed). They must of got the £1 postal order from either the old DCA or Littlewoods.

 

What should I do now? Am really scared, I dont want this dispute to affect my husband and kids and it looks like they are going to serve a warrant against me. Should I now offer them money and loose the fight?

[120805]

How would this be for a responding letter

 

 

Thankyou for your letter dated 1st May 2007. However I would like to bring a few points to your attention:

 

1. The account in question is in dispute by the Credit Consumer Act 1974 section 77, "Duty to give information to debtor under fixed-sum credit agreement".

 

2. The above act clearly states that "if the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement.

 

3. Under the Debt Collection Guidance Notes made by the OFT it clearly states (2.2E) "Failing to provide debtors or creditors withi information of status of debt when reasonably requested" is unfair business practise.

 

4. The OFT also clearly states that by (2.6E) "Not informing the debtor when a case has been passed on to a different debt collector" (which Debt Management and NDR did not) then this will be looked on as psychological harassment.

 

5. The OFT would also look at sections 2.8F and 2.8K with regards to the following, "Passing on a debtors details to a debt management company without the debtors prior consent" and "Not ceasing collection activity whilst investigating a reasonably queried or disputed debt" as Deceptive and/or unfair methods.

 

Littlewoods is now in Default and later in the month they will soon have commited a crimminal offence, which will be reported to the relevant othoritys.

 

Your next course of action would be to now provide me with an original agreement or remove the dafault which you have unfairly put against my name and pass the account back over to Littlewoods.

 

Please note that no further corrispondance will be made to your company again as I will now only be dealing with Littlewoods.

 

If I have had no positive response from you in 7 days, then I will be contacting all the relevant authorities as stated previously and sending to them all correspondence I have regarding this matter. All correspondence I sent to Littlewoods, NDR and Debt Management was sent with proof of postage. I shall also be contacting the CRA’s informing them of the circumstances of the default. If this matter is still unresolved after this, then I will be filing a claim at court for non compliance of my CCA request and default removal.

 

Yours Faithfully

120805

 

 

Any thoughts on this letter would be gratefully appreciated and if I have written all wrong then please do tell me.

Thanks in advance

[120805]

Please can someone help me? I know am really inpatient but am so scared and just need some peace of mind before I can go to bed

[PriorityOne]

I have adapted one of my letters for you.... since sending it, I have not heard a peep since January.

 

Dear Sir/Madam,

 

Your Ref :

Your Clients : Littlewoods Home Shopping Group/Debt Management Limited

 

I refer to your letter of xx/xx/xx, which was received this morning.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my requests to your clients for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974); received by Liitlewoods Home Shopping Group on xx/xx/xx and Debt Management Limited on xx/xx. I can only assume therefore that they failed to inform you that the above account is in dispute.

 

Should your clients now persist with threats of legal action, I will welcome the opportunity for a judge to look at several offences committed by Littlewoods Home Shopping Group and Debt Management Limited under The Consumer Credit Act 1974, as well as your clients' non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

 

 

Do not have any more dealings with them over the 'phone and send any future correspondence by rec. delivery.

[PriorityOne]

Forgot to say.... send a copy as it is, addressed (rec. delivery) to Debt Management Ltd. as well.

 

[120805]

Your letter is quite scary, would they really take me to court? Quite frankly the thought of facing a juge scares the life out of me! :o

 

If they left you alone after you sent this letter then I too will give it a bash and would like to thankyou for offering me your letter and amending it to suit me.

 

Did you get your default removed and money paid back?

 

I will not speak to them on the phone again. I learnt my lesson by coming off the phone shaking with sheer annoyance at the company. I ended up shouting at them on the phone only later to realise that thats what they want you to do!

 

Again thankyou for helping and having a look at my thread

[120805]

Should I also send a copy to Littlewoods as well as Debt Management?

[PriorityOne]

Your letter is quite scary, would they really take me to court? Quite frankly the thought of facing a juge scares the life out of me! :o

 

I can understand your worries, but it really shouldn't worry you. They haven't complied with a legal request for information and are now operating against the OFT guidelines for debt collecion. They would be stupid to pursue this any further.

 

If they left you alone after you sent this letter then I too will give it a bash and would like to thankyou for offering me your letter and amending it to suit me.

 

No problem. I have recently been informed in writing that mine have discontnued court action.

 

Did you get your default removed and money paid back?

 

In my case, the account was very old and any default would have dropped off my credit file by now. It was the original creditor who failed to comply with my CCA request (long story) and as a result of playing dirty (them, not me)... there is £3.8k on the account that they are now legally unable to enforce.

 

I will not speak to them on the phone again. I learnt my lesson by coming off the phone shaking with sheer annoyance at the company. I ended up shouting at them on the phone only later to realise that thats what they want you to do!

 

Yes... they feed you with a load of bowlarks in order to get you to pay up, increase payments and/or put the fear of God into you about their "rights", etc. You are highly unlikely to get the same threats/intimidation/rudeness in writing, which is why all corrrespondence should be in writing.

 

Again thankyou for helping and having a look at my thread

 

No problem.

 

 

[PriorityOne]

Should I also send a copy to Littlewoods as well as Debt Management?

 

Yes.... cc (copy) the letter to both (rec. delivery).

[Bigmac versus]

ok looking over now.

[120805]

Thankyou Bigmac

[Bigmac versus]

The original debtor Littlewoods cant supply the info required under the CCA request and it sounds like they have sold on the debt to this new DCA, To be honest im surprised the new DCA havent sent this back to where they got it from as they would no doubt have been in the dark over your request and wont want to get involved in any disputes that you have made clear before they took over it.

 

The original debtor(littlewoods) you said had a DCA acting on their behalf so as they were acting on their behalf they dont need to answer your CCA request, only if the DCA has bought the debt do they need to comply with the CCA request, normally i wouldnt advise talking to any DCA over the phone but maybe on this occasion i would call them and ask if they bought the debt, if they have inform them again that you had made a CCA request disputing the debt and the DCA has then sold it on to you's. I know you have also sent this new DCA a CCA request but also tell them that if you are to pursue me for an alleged debt then you must supply me with the information required under a CCA to prove you have a legal right to this and until this has been satisfied you will not discuss the matter anymore, any further communication please keep to letters.

It may be hard to imagine but some of these callers dont know what a CCA request actually is so tell them you require the Deed of Assignment to prove they own the alleged debt, if you keep calm and sound confident in what you are saying they know you will not be messed about.

Inform them aswell as the CCA request you sent them on (date) you are also going to complain to Trading Standards in regards to their continued harrassment (phone, letter) to demand repayment despite you disputing the alleged debt and asking for them to comply with the CCA request to prove the debt exists.

[120805]

Will phone tomorrow (if they are open on weekends) and update here.

 

Thankyou

[Bigmac versus]

Ok as ive said when the cca has been sent to the debtor at that time and they have been told the debt is in dispute then they have sold it on, when the customer informs trhe new DCA they more than often pass it back.