Littlewoods and NDR

[pennypenny]

I sent a few cca's off in March and now they are all coming back to haunt me. I already have threads going concerning Lowells and Robinson, Way and Co.

 

The latest letter I have received is from Nationwide Debt Recovery Limited. I sent a CCA request to them on 15th March which they didnt sign for but then I received a letter from Littlewoods Finance Company Limited on the 8th May and a copy of my agreement which I hadnt signed and had my name and address printed on.

It said at the bottom:

 

(1) This credit agreement must be completed if you or any of your

customers buy goods on credit terms. Separate agreements should be

used for 20 or 38 week terms as appropriate.

(2) If you the agent are buying goods you should fill in your name and

address and sign the agreement in the spaces for both agent and

customer. Keep the agreement in a safe place.

(3) If your customer is buying goods, fill in your name and address and

the customers name and address. Both of you should sign the

agreement and you should give it to your customer to keep.

 

Now this seems to me something I should be given before any orders take place and I have never received this before.

 

Anyway the letter I received today is a notice of default saying I have to pay the full amount owed no later than the 9th July or else.

 

Am I right in saying they have not complied with my request and should I remind them of this? It is also well over the 12 + 30 days.

 

Penny.

[Hopeful1]

You need to send a letter to say they haven't complied with your request. Because the account is in dispute, they cannot take further action. I expect the threat of a default is a desperate hope you will be scared and pay the balance.

 

There is a thread "Advice on so many DCAs after me" - it might be Spiritgirl's i can't remember. Link 95 in that thread is about non compliance with CCAs. I think i wrote it down because there's a letter template to use. Someone else may have a quick link to post up for you!

 

Also, you could ask for their complaints procedure. This could then be used as evidence if you take your complaint further.

 

[pennypenny]

Thanks for the advice Hopeful1, I'll have a look at that thread and get a letter sent off.

I think they do try to frighten us with court and default threats and they probably would have succeeded before I found this excellent website.

[dpr]

As its not got your signature on it, its not a legal document.

[pennypenny]

Thanks dpr, I thought so.

I received another letter off them today, it's a statement and it says balance from last statement £xxx then it says payment not received and then they have added an administration charge of £12 on!!! Can they add that on while its in default?

[yaffsimone1]

I had exactly the same thing from Littlewoods, they know exactly where they can stick it! As for NDR they are a dormant company they are not worth worrying about and they are Littlewoods anyway they are not an outside DCA.

 

My CCA request with Littlewoods has now gone passed the 12 + 30 days and they have committed a criminal offence. I have issued a court summons which Littlewoods are 'considering'.

 

They cannot add any charges or interest whilst they are in default, you can claim the charges back anyway.

 

This is the letter i sent them, you are more than welcome to use it if you wish just adjust it suit:-

 

Dear sir or madam

Request for true copy of Credit Agreement under Sections 78 of the Consumer Credit Act 1974

 

I wrote to you on the 11 April 2007 requesting a true, signed copy of any credit agreement that exists in relation to the above account (see enclosed).This is my right under Sections 78 of the Consumer Credit Act 1974 on payment of the statutory fee of £1.00. This payment was included with my original request.

 

Under the terms of the above Act, a creditor has 12 working days to provide the requested document. Should they fail to do this, they have a further calendar month to rectify this default. Failure to comply within these timescales is a criminal offence.

 

Both of these deadlines have now passed and I have received nothing in relation to my request apart from a blank unsigned agreement and being pursued by your dormant debt collection agency Nationwide Debt Recovery. This can lead me to only one conclusion, that being that no signed credit agreement exists in relation to this account.

 

As I am sure you are aware, an agreement that does not contain all of the prescribed terms, and/or is not signed by the debtor, is completely unenforceable, even in a court of law. This will be a complete defence to any court action that you may consider taking.

 

On the advice of the Financial Ombudsman, I am now requesting a final decision in this matter from you. Should this decision not meet with my satisfaction, then I will pursue the matter through the Ombudsman. The maximum timescale for you to give a final response to any complaint is 8 weeks. This time runs from the date of my original complaint, in this case that is the request for a true copy of the credit agreement. Therefore, you must provide me with a final response in this matter, including your proposed actions for this account immediately

 

Please note, you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with the credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Under the Data Protection Act I have principled rights in that

 

 

(Shedule I)

 

1. Personal data shall be processed fairly and lawfully.

2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

 

(Shedule II)

 

1. The subject has given his consent.

2. The processing is necessary

a. For the performance of a contract to which the data subject is a party.

The fact that you cannot provide me with a copy of the agreement negates any Notice of Default being served on me, as required by the conditions of the Consumer Credit Act 1974. Incidentally, I cannot recollect receipt of the said documentation. If the documentation were to be produced as you are aware the default notice cancels any original terms and conditions and as such cancels any right to share my information without my consent

There has never been any regulated agreement in relation to this account, and therefore you have never had my consent to process my data. I also do not see how you can state that you have a legitimate interest in processing my data as we have never had any contract that would enable you to do this.

 

Should you fail to respond immediately, I will expect that this means you agree to remove all such data.

 

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and therefore the following applies:

• You may not demand any payment on this account, nor am I obliged to offer any payment to you.
  
• You may not add any further interest or charges to this account.
  
• You may not pass this account to any third party.
  
• You may not register any further information in respect of this account with any of the credit reference agencies.
  
• You must remove the default notice you have placed on my credit file.

I look forward to your final decision on this complaint this should include your proposed actions in relation to the lack of a credit agreement.

Furthermore it must be noted that a summons will be issued to you on 7 June as stated in my letter dated 29 May in which I gave you 7 days to refund the charges, this you have failed to do. I have enclosed a copy of the summons which will be issued to the court on Thursday 7 June 2007

Yours faithfully

[pennypenny]

Thanks Yaffsimone for the letter and advice, I will certainly be sending them that, Thanks. I thought they maybe the same company as littlewoods because I have received nothing saying they were selling the alledged debt. They never sign for any of my letters either but I know they received my CCA request because they sent a copy of what they said was an agreement.

 

Do I send that letter to littlewoods or NDR or are they the same address.

 

Penny.

[yaffsimone1]

Send it to Littlewoods

[pennypenny]

Thanks, I'll get that sent right away.

[gypsumsif]

nice letter yaffsimone, we are also up against ndr/littlewoods. 12+2+30 passed on the 16 June. i was wondering what my next step was as ive heard nothing yet. i may just edit and use that letter of yours .

 

P.S. they've never signed for my letters either!

[pennypenny]

Is Littlewoods address the same as the NDR address, I've tried looking on their website but cant find one, only an email address. The one I used for NDR was 1st Floor, Skyways house, Speke Road.

[pennypenny]

I have just found a website with the address on and it is the exact same address as NDR. Do they just make up a Name and pretend they are a DCA to scare us?

I've typed up my letter and its ready to send tomorrow.

[Hopeful1]

Hi Pennypenny. It sounds like you're on a roll now - good on ya!!

I'll keep an eye on how you get on. NDR are in default with me re Littlewoods CCA. Got a few weeks until 30 day expiry. I'm sure i'll be making use of Yaffsimone's letter too!! NDR used my CCA postal order to put towards the balance - tut tut

 

Keep up the good work

[pennypenny]

Thanks Hopeful1, yes I am on a roll, I sent the letter off today recorded delivery so lets see what they come up with next. It feels good to stand up to these people when they try to threaten us with these letters.

I'll keep an eye on your thread aswell to see how you get on with them.

 

Penny.

[dpr]

I have also requested a CCA fron NDR, and was also wondering what was my next step. It's time I did something as 12+2+30 days past on the 29th May 2007.

I don't know if they are still adding on any interest as I haven't heard from them instead I had a phone call from Littlewoods themselves, they just said the account had gone back. I just denied having an account and said put it writing and I will reply. I told them I would make no agreement on the phone and as they still hadn't honoured my request for the CCA they were committing a criminal offence.The lady hung up saying that she will have to check on this, that was wednesday last week.

[pennypenny]

Well, its been nearly a month since I sent my last letter to littlewoods and havent received any thing from them since, but I have been receiving phone calls from an 0800 number every couple of days for about a couple of weeks so today I answered it and asked who it was. Guess what? it was Littlewoods. Now what could they want:???: . I pretended I was someone else and said I wasnt in. They will have to write if they want to communicate with me.

[Hopeful1]

Me thinks Littlewoods are having a little panic! They must be writing off so much debt at the moment because they haven't got the CCAs.

 

Sit tight and see what they send you in the post.

 

[pmhcfc]

Me thinks Littlewoods are having a little panic! They must be writing off so much debt at the moment because they haven't got the CCAs.

 

 

 

They are also in the midst of selling off a lot of these debts (to Phoenix) that they cant collect. I got a letter from a DCA telling me they had bought the debt from Littlewoods. Yet I have a letter from NDR (dated AFTER the date the DCA bought the debt) in response to my CCA and other questions (so it was 'sold' whilst the account was in dispute). Also the DCA used NDR letterhead to type up the 'Goodbye' and 'Hello' letters - I have stone cold proof of that ;-) ..Still waiting for my response from the DCA that bought the debt- I sent them a 'politely' worded letter (NOT) ...

[pennypenny]

No calls off them for the last couple of days but I have received a statement off them today, and they have added 2 charges on, one charge of £12 and one of £5, How can they do this when the account is clearly in default? I sent them a letter last month, but they never signed for it, they never do. Will these people ever listen?

Penny.

[pmhcfc]

No calls off them for the last couple of days but I have received a statement off them today, and they have added 2 charges on, one charge of £12 and one of £5, How can they do this when the account is clearly in default? I sent them a letter last month, but they never signed for it, they never do. Will these people ever listen?

Penny.

 

I doubt it..Just keep everything they send you- you're in the right and it will be so proved in the long run

[Hopeful1]

Keep at 'em. They'll crumble eventually. I wish i'd reclaimed charges 1st before they confirmed they were closing account. They have no paper work so they have no where to go...and they know it!!

 

[go for it]

dont know if it works but someone else on here had problems with a company not signing there post and put payment included on the out side of envelope (of cause there was nt) you need to be as devious as they are

[pennypenny]

Hey good idea go for it, a little bit sneaky but like you say youve got to play them at their own game.

Thanks for your support Hopeful, Ill keep at em, I quite enjoy standing up to them, before I found this site I believed every word they said. How are you getting on with them? Any sign of your agreement yet?

[Hopeful1]

Hi Pennypenny. 2 DCAs later, Littlewoods wrote to say they were closing the account, but the info on credit file will remain. I'm leaving it at that for now, but when i've dealt with some of my bigger issues and have a little money to spare, i will offer a settlement figure in exchange for cred file being marked as satisfied in full.

 

For now, it is one less payment to worry about. Things are hard but at least this site helps us to see an end.

 

Your turn will come

[go for it]

both me and my partner have sent off for cca,s back at last december i never received one but they a have stopped hassling me so i havent done any thing else but partner received a application form so we are reporting them