manf v Ruthbridge and Littlewoods

[kennyparkroad]

and if your too busy to look it up

use something like this

Dear Sir/Madam

Name:

Reference:

DEBT IN LEGAL DISPUTE

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement.

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

Please also supply a signed true copy of the deed of assignment of the above referenced agreement if applicable.

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act, this fee is not to be offset against any alleged debt.

 

I look forward to hearing from you within the statutory time limit.

 

 

 

 

 

 

 

 

[kennyparkroad]

lol not quite, just so happens i was close to my "Debt" folder

[kennyparkroad]

send the CCA to littlewoods and to Ruthbridge.

 

recorded delivery, dont sign your "real" signature, put a squiggle in.

[kennyparkroad]

they have 12 working days in which to provide you with the CCA if they dont they then default, which means you can legally stop payment, after the 12 working days are up, its takes a further 1 calender month before they commit a summary criminal offence, after that time, if they produce the agreement, they must go to court to get it enforced.

 

So basically wait until the 12 working days are up, come back and tell us and then start your countdown to the 1 calender month is up.

 

of course if they write back to you in the meantime let us know

[kennyparkroad]

scare tactics, dont rise to them, its to scare you into paying money!

 

when he phones again and he will get his name, and an address and a fax number

 

simply write him a letter stating

 

 

"i have made a legal request of your company and as of yet you have failed to respond, please be aware that if this matter was to go to court the court would not issue any judgement unless and until my legal request was satisfied".

 

i think thats about right but you may have to check with someone else.

 

PriorityOne?

[kennyparkroad]

keep the recording - you may need it.

 

Fax it to him straight away! keep the printed header sheet.

 

just advise him that while he has not responded to your CCA request the company is NOT permitted to take any further actions until they comply!

[kennyparkroad]

like i said, its just scare tactics to get you to Pay, we have all had them! its just unfortunate that some people cave.

[kennyparkroad]

Manf

 

wait for them to see if he does "put it in writing"

 

if he does come back to us

 

in the meantime wait for the timescales of the CCA to run out.

 

dont send him anything. just sit tight, wait for them to make next move and that means - their next mistake!

[kennyparkroad]

IF YOUVE SENT YOUR CCA REQUEST AND CAN PROVE ITS BEEN RECIEVED BEFORE THIS LETTER WAS PRODUCE! you have nothin to worry about

 

sit back and let the time expire, if they DID go to court you can defend, and non compliance of CCA is a total defence in ANY court, you may want to write a letter to that effect.

[kennyparkroad]

LOL

 

oh well

 

 

let us know what happens.

[kennyparkroad]

please do keep us up to date

 

DEDEE! however beware! just because they tell you they wont pursue the debt, wont stop them entering a default on your credit file - thats what they have done to me and im fighting it.

 

Manf - let us know what happens, i hate littlewoods and am out to help everyone i can!

[kennyparkroad]

ps - if anyone is intersted.

 

 

Fax number of International Collections Limited (their in house collectors)

0870 263 5082

 

Shop Direct Financial Services (littlewoods) Complaints Department

Fax Number 0870 263 5087

now this isnt their main number, they told me they were having problems with that but if i sent it to that number it would reach them.

its very handy to have fax numbers - you fax what you want, print out the fax header to say its been sent, and saves on recorded delivery!

 

[kennyparkroad]

Thanks Ben will keep a note of them too

 

ben - can you post that in reply to the same messages i posted on my thread too? (my littlewoods thread?)

[kennyparkroad]

i sent littlewoods a CCA because i KNEW there were no charges to reclaim (lucky for them) but yea otherwise if you think there may be charges i would send them an SAR.

 

again use a postal order and dont sign usin your real signature!

[kennyparkroad]

great tip.

 

thanks CB

 

PS - tickled the monkey

[kennyparkroad]

just sit and wait, and them come back to us when the deadline is up.

[kennyparkroad]

they may ignore the letter all you do is as cb said

 

dont answer security questions.

[kennyparkroad]

but still send the letter though! strengthens your case against them.

[kennyparkroad]

yeah dont give anything away, let them show their cards first.

[kennyparkroad]

Manf thats good youve heard nothing, but as you know if they come back to you, you come back to us!

 

KPR