littlewoods and credit agreement

[kacisnanna]

Recieved A Unsigned Credit Agreement With My New Address Printed On It Not The One I Was At When I Opened The Account. What Will I Do Now. Does Anyone Have A Letter Template I Can Use To Reply. Thanks

[dpick]

Recieved A Unsigned Credit Agreement With My New Address Printed On It Not The One I Was At When I Opened The Account. What Will I Do Now. Does Anyone Have A Letter Template I Can Use To Reply. Thanks

 

Hi letter as post 25 just amend to say blank agreement with incorrect details (don't give which detail) does not comply with s77 CCA 1974.

 

all the best dpick

 

I will be away till Friday will check thread then they will fold.

[pt2537]

Hi There

 

 

this is the letter i sent littlewoods straight after they sent me a blank agreement..................

 

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. An unsigned credit agreement with incorrect personal details simply printed onto it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 31st May 2007 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

 

i hope this helps

 

regards

paul

[kacisnanna]

Hi The Saga Is Still Going On. I Have Heard Nothing From Littlewoods Since Recieving The Blank Credit Agreement Which I Repled To With The Letter Template Some One Kindly Provided. I Have Had A Further 2 Statements From Ndr Adding £12 Each Time Then Today A Letter Saying They Are Going To Register A Default And Added Another £5. They Say That If This Happens Then I Will Be Taken To Court And Further Charges Will Be Added. What Do I Do Now Please

[pt2537]

Ok,well based upon the info you provided on the thread they are well over their time limits.

 

have you made a complaint to your local trading standards as they have committed an offence

 

secondly, keep all letters they send you, they will be usefull should they be extremely stoopid and take you to court.

 

 

you have nothing to worry about as whatthey have sent you is clearly not compliant with the CCA 74 and you have a complete defence should they take this to court so try not to worry

 

regards

paul

[kacisnanna]

No haven't complained yet. Should i send them another letter saying that the account is in dispute and they should not be adding charges ? or will i just do nothing? getting worried

[pt2537]

nope you are correcct in saying they shouldnt be adding charges then again they shouldnt be trying to enforce the debt full stop

 

you really need to make the complaint to trading standards

[pt2537]

i would write to NDR explaining the account is in dispute and request they suspend all enforcement action until the dispute is resolved.

 

i would aslo point out that they are in breach of their obligations under the consumer credit act 1974 by failing to supply a true copy of the executed agreement for this account and as a result of their failure they have commited an offence which you will be reporting them to trading standards for

 

there is no need to worry, i know its easy to say but you have a strong defence to any legal action which they may bring against you.

 

i doubt they will be silly enough to go to court but you must be prepared for this to happen should they decide to go through with their threats

 

the main thing is you are in the best place to get the advice you need

 

 

regards

paul

[Hopeful1]

I had to deal with NDR / Littlewoods. NDR actually gave up and passed it on to Moorcroft.

 

You really should make a complaint. At the end of the day they are employing these tactics in the hope of bullying you into submission - they know they are in the wrong.

 

I would actually send NDR a claim for charges based on the templates we use for banks, just to ruffle their feathers and see how they respond!!

[kacisnanna]

Hi. Have today recieved a letter from littlewoods and one in the same envelope form pheonix saying that the debt has been assigned to them. No compliance with CCA requests to littlewoods and NDR. what will I do know? Will I cca pheonix again and littlewoods ?

[pt2537]

NOPE, you only need to cca littlewoods or who ever is chasing you for the debt, since youve already cca'd littlewoods you dont need to do it again

 

have they sent you a copy of the agreement yet?

 

dont worry, i have dealt with these fools myself, i will draft a letter to send them for you this evening and we will get this sorted

 

 

regards

paul

[kacisnanna]

Thanks Paul. sent cca requests to both littlewoods and ndr way back in July and all I heard back was NDR adding 2 £12 cHarges each time increasing amount owed. This letter from Pheonix is threatening legal action. Look forward to recieving draft letter and will post on Monday

[pt2537]

 

 

 

Dear Sirs,

 

 

Account no xxxxxxxxxxxxxx

ACCOUNT IN DISPUTE

 

Re: my request under the Consumer Credit Act 1974

 

 

Thank you for your letter dated **********, the contents of which are noted

 

You attention is drawn to the fact that this account is subject to a serious dispute. On xx/xx/2007 I requested Littlewoods supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date Littlewoods have failed to comply with my request and have totally ignored my written reminders sent via recorded delivery of this fact. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you or Littlewoods, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974

 

 

For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states…

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) 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.

 

 

 

Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement;

 

Clearly this is a situation as described in s78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced.

 

 

To clarify s61(1) states

 

(1)A regulated agreement is not properly executed unless—

 

(a) 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, and

(b) the document embodies all the terms of the agreement, other than implied terms, and

© The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible

 

In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following—

 

1. Number of repayments;

2. Amount of repayments;

3. Frequency and timing of repayments;

4. Dates of repayments;

5. The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced..

 

At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as ********* become compliant with my request. As ****** are still not in compliance with my request I insist that the following takes place with immediate effect

• All charges levied since ******** 2007 be removed from the account and further charges cease until such time as ******* comply fully with my original request or such time as a court makes an enforcement order
  
• All entries which refer to missed payments be removed from my credit file
  
• All collection activities by your company cease with immediate effect until ******** comply with my request from ********* 2007 or such time as a court makes an enforcement order

In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection

 

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

What I Require.

 

I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such.

 

I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well

 

No other correspondence will be accepted

 

Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful

 

I trust this out lines the situation

 

Regards

 

Amend to suit and send it to Phoenix,

 

that should shut them up

 

any questions please ask away

 

regards

paul

 

 

[jellybabe]

I know this thread has not been active since Nov 2007, but i am going to take Littlewoods on, and just wondered if i may use parts of your letters please if i need to?

[pt2537]

I know this thread has not been active since Nov 2007, but i am going to take Littlewoods on, and just wondered if i may use parts of your letters please if i need to?

Hi,

 

if you have your own thread going on this then if you post a link to it we will happily help you out

 

i have had a few personal battles with littlewoods myself as have others and have a few good letters on file to deal with these characters which i would happily donate for your use

[jellybabe]

Thanks very much.Much appreciated.

Here is my Thread:

jellybabe vs Littlewoods Flexi

sorry, forgot how to insert a link.

I have had my Claim with Littlewoods on hold. Did start with an S.A.R a couple years back but thinking about doing both on them (CCA and S.A.R.) and then deciding which route is best for me.